Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gerzina v Repatriation Commission [2004] FCAFC 96 VETERANS' AFFAIRS – disease – post-traumatic stress disorder – whether requires reaction of "horror" or of "intense horror" ADMINISTRATIVE LAW – whether interpretation of DSM-IV is a question of fact or law
Veterans' Entitlements Act 1986 (Cth) ss 9(1), 13(1) Benjamin v Repatriation Commission (2001) FCA 1879 referred to ALDO ANDRE GERZINA v REPATRIATION COMMISSION V 1060 of 2003 BLACK CJ, HEEREY AND BENNETT JJ 3 MAY 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1060 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ALDO ANDRE GERZINA
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: BLACK CJ, HEEREY AND BENNETT JJ
DATE OF ORDER: 3 MAY 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. There be no orders as to costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1060 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ALDO ANDRE GERZINA
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: BLACK CJ, HEEREY AND BENNETT JJ
DATE: 3 MAY 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT THE COURT: 1 The appellant appeals from a judgment of McInnis FM given on 7 November 2003: Gerzina v Repatriation Commission [2003] FMCA 490. The learned Federal Magistrate dismissed the appellant's appeals under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal which affirmed the respondent Repatriation Commission's decision rejecting a claim for a pension under Pt II of the Veterans' Entitlements Act 1986 (Cth) ("the Act"). 2 The condition relevant for present purposes was an alleged condition of post‑traumatic stress disorder ("PTSD"). The issue raised by the appeal is whether the Tribunal erred in law in considering the construction of the diagnostic criteria for PTSD in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition ("DSM-IV"). That criterion is relevantly as follows: "Diagnostic criteria for 309.81 Posttraumatic Stress Disorder
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