Repatriation Commission v Gosewinckel [1999] FCA 1273

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Gosewinckel [1999] FCA 1273

EX-SERVICEMEN – veterans' entitlements – disability pension – appeal from decision of Administrative Appeals Tribunal – whether veteran suffered from war-caused generalised anxiety disorder – whether AAT applied correct standard of proof in deciding that veteran suffered generalised anxiety disorder – whether AAT misconstrued relevant Statement of Principles by failing to consider whether necessary indicia present.

Administrative Appeals Tribunal Act 1975 (Cth) s44(1) Veterans' Entitlement Act 1986 (Cth) ss 9, 120, 120A, 196B

Bushell v Repatriation Commission (1992) 175 CLR 408 at 425-6 referred to Byrnes v Repatriation Commission (1993) 177 CLR 564 at 571-2 referred to Repatriation Commission v O'Brien (1985) 155 CLR 422 referred to Deledio v Repatriation Commission (1997) 25 AAR 396 at 401-2, 411-2 referred to Repatriation Commission v Deledio (1998) 83 FCR 82 at 97 referred to Preston v Repatriation Commission (1993) 45 FCR 214 at 220-1 not followed Repatriation Commission v Cooke (1998) 160 ALR 17 at 21 followed Shelton v Repatriation Commission [1999] FCA 181 at par 6 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272, and at 291-3 referred to REPATRIATION COMMISSION v RONALD KEITH GOSEWINCKEL VG 650 of 1998 WEINBERG J 14 SEPTEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 650 OF 1998

ON APPEAL FROM THE VETERANS' APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A MEMBER

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: RONALD KEITH GOSEWINCKEL

Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 14 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of the Veterans' Appeal Division of the Administrative Appeals Tribunal given on 29 October 1998 be set aside. 2. The matter be remitted to the Veterans' Appeal Division of the Administrative Appeals Tribunal to be dealt with according to law. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.