Stoddart v Repatriation Commission [2003] FCA 334

FEDERAL COURT OF AUSTRALIA

Stoddart v Repatriation Commission [2003] FCA 334 VETERAN'S ENTITLEMENTS – Statement of Principles – whether accrued right to have entitlement determined by SoP in force at time of application as well as SoP in force at time of Repatriation Commission decision. VETERAN'S ENTITLEMENTS – Statement of Principles – expression "experienced a severe stressor in SoP" – whether "threat" of death or serious injury can exist only where the perceived threat was objectively real i.e. based on events happening or about to happen with real risk of death or serious injury – whether perception of risk of death or serious injury based on real events which a person with the claimant's knowledge and in the claimant's circumstances would reasonably understand to involve a threat of death or serious injury could amount to a "threat" of death or serious injury under the SoP. WORDS AND PHRASES – "threat".

Veterans' Entitlements Act 1986 ss 9(1), 13(1), 120(3), 120A, 196B, 196E, 196G Administrative Appeals Tribunal Act 1975 s 44(1) Acts Interpretation Act 1901 (Cth) s 50 Byrnes v Repatriation Commission (1993) 177 CLR 564 referred to Repatriation Commission v Deledio (1998) 83 FCR 82 followed Repatriation Commission v Hill [2002] FCAFC 192 referred to McKenna v Repatriation Commission [1999] FCA 323 cited Repatriation Commission v Gorton (2001) 110 FCR 321 followed Repatriation Commission v Keeley (2000) 98 FCR 108 [2000] FCA 532 followed Repatriation Commission v Thomas [2002] FCA 1497 referred to Ogston v Repatriation Commission (1999) 86 FCR 578 referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Waterford v Commonwealth (1987) 163 CLR 54 cited Powell and Repatriation Commission [2000] AATA 385 distinguished U & I Global Trading (Australia) Pty Ltd v Tasman–Warajay Pty Ltd (1995) 32 IPR 494 referred to