Woodward v Repatriation Commission [2003] FCAFC 160

FEDERAL COURT OF AUSTRALIA

Woodward v Repatriation Commission [2003] FCAFC 160 VETERANS' ENTITLEMENTS – Entitlement to pension – widow – veteran's death from asthma and other respiratory conditions – veteran sustained respiratory infection during operational service in World War II – respiratory infection led to asthma – whether death of veteran war-caused within meaning of s 8(1)(a) of the Veterans' Entitlements Act 1986 (Cth) – relationship between ss 8, 13, 120, 120A and 196B – whether Statement of Principles ("SoP") for Asthma applicable to claim – whether observations of Full Court in Keeley v Repatriation Commission (2000) 98 FCR 108 obiter dicta – whether observations in Keeley correct – whether temporal connection between "occurrence" and operational service sufficient without meeting requirements of SoP VETERANS' ENTITLEMENTS – Entitlement to pension – claim by veteran for pension at Special Rate – veteran suffering from post-traumatic stress disorder ("PTSD") and alcohol dependence or alcohol abuse sustained during operational service in Vietnam – whether diseases war-caused within meaning of s 9(1)(a) of the Veterans' Entitlements Act 1986 (Cth) – relationship between ss 9, 13, 120, 120A and 196B – whether SoP for PTSD and SoP for Alcohol Dependence or Alcohol Abuse applicable to claim – whether observations of Full Court in Keeley v Repatriation Commission (2000) 98 FCR 108 obiter dicta – whether observations in Keeley correct – whether temporal connection between "occurrence" and operational service sufficient without meeting requirements of SoPs – alternative submission – whether Administrative Appeals Tribunal erred in law in construing definition of "experiencing a severe stressor" in both SoPs too narrowly – whether material pointed to hypothesis that veteran "experienced" or was "confronted with" actual death or serious injury or threat thereof – whether Tribunal's decision affected by error WORDS AND PHRASES – "experiencing a severe stressor" – "experienced" – "confronted with" Veterans' Entitlements Act 1986 (Cth) ss 8(1)(a), 9(1)(a), 13, 120(1), 120(3), 120A and 196B(2) Repatriation Commission v Keeley (2000) 98 FCR 108 not followed Repatriation Commission v Deledio (1998) 83 FCR 82 followed Deledio v Repatriation Commission (1997) 47 ALD 261 referred to McKenna v Repatriation Commission (1999) 86 FCR 144 referred to Repatriation Commission v Law (1980) 31 ALR 140 considered Re Jenkin and Repatriation Commission (1997) 47 ALD 721 considered Repatriation Commission v Hill (2002) 69 ALD 581 considered Repatriation Commission v Hancock [2003] FCA 711 referred to Byrnes v Repatriation Commission (1993) 177 CLR 564 referred to Re Slattery and Repatriation Commission (1998) 52 ALD 90 not followed Bushell v Repatriation Commission (1992) 175 CLR 408 referred to O'Neil v Repatriation Commission (2001) 34 AAR 290 referred to Stoddart v Repatriation Commission (2003) 197 ALR 283 considered