Mines v Repatriation Commission [2004] FCA 1331

FEDERAL COURT OF AUSTRALIA

Mines v Repatriation Commission [2004] FCA 1331 VETERANS' ENTITLEMENTS – pension – disease – whether war-caused – standard of proof – standard for determining whether veteran suffers from a disease – post traumatic stress disorder – question whether veteran experienced a traumatic event in course of war service – whether this question determined on balance of probabilities or on reverse beyond reasonable doubt standard – characterisation of symptoms suffered by veteran – whether Tribunal's approach correct

Veterans' Entitlements Act 1986 (Cth) ss 9(1), 6-6F, 7(1), 13(1), 196B, 120, 120A Administrative Appeals Tribunal Act 1975 (Cth) ss 44(1), 44(5)

Repatriation Commission v Deledio (1998) 83 FCR 82 followed Repatriation Commission v Smith (1987) 15 FCR 327 followed Byrnes v Repatriation Commission (1993) 177 CLR 564 considered Repatriation Commission v Cooke (1998) 90 FCR 307 cited Preston v Repatriation Commission (1993) 45 FCR 214 cited Repatriation Commission v Budworth [2001] FCA 1421 (2001) 116 FCR 200 considered Repatriation Commission v Gosewinckel [1999] FCA 1273 (1999) 59 ALD 690 cited Benjamin v Repatriation Commission [2001] FCA 1879 (2001) 70 ALD 622 cited JOHN WILLIAM MINES v REPATRIATION COMMISSION V 632 of 2003 GRAY J 19 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 632 of 2003

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: JOHN WILLIAM MINES

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 19 OCTOBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal, made on 14 July 2003, affirming the decision under review, be set aside. 3. The case be remitted to the Administrative Appeals Tribunal, differently constituted, to be heard and decided again. 4. The respondent pay the applicant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.