Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Freeman v Repatriation Commission [2002] FCA 576
JUDICIAL REVIEW – review of decision of Administrative Appeals Tribunal – whether error in the process used to determine a diagnosis of post-traumatic stress disorder by reference to the Statement of Principles No. 15 of 1994 (Post Traumatic Stress Disorder) – whether the criteria in par 4(a)(i) of the Statement of Principles No. 15 of 1994 (Post Traumatic Stress Disorder) is to be applied objectively – whether the Tribunal was bound to accept uncontested medical evidence regarding the diagnosis of post-traumatic stress disorder. Veterans' Entitlements Act 1986 (Cth) ss 120(1), 120(3), 120A(3) Statement of Principles Instrument No. 15 of 1994 (as amended by Instrument No. 225 of 1995) (Post Traumatic Stress Disorder) pars 4(a)(i), (ii) Statement of Principles Instrument No. 5 of 1994 (Psychoactive Substance Abuse or Dependence) par 1(a) Repatriation Commission v Deledio (1998) 83 FCR 82 followed TERENCE HENRY FREEMAN v REPATRIATION COMMISSION V 707 OF 2000 NORTH J 9 MAY 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 707 OF 2000
BETWEEN: TERENCE HENRY FREEMAN
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: NORTH J
DATE OF ORDER: 9 MAY 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. the appeal is dismissed; 2. the appellant is to pay the respondent's costs of and incidental to the proceedings. 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 707 OF 2000
BETWEEN: TERENCE HENRY FREEMAN
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: NORTH J
DATE: 9 MAY 2002
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