Constable v Repatriation Commission [2005] FCA 928

FEDERAL COURT OF AUSTRALIA

Constable v Repatriation Commission [2005] FCA 928

VETERANS' ENTITLEMENTS – statement of principles – applicant claims alcohol abuse/dependence is a war-caused disease –applicant claims to have experienced a severe stressor of casualty clearance whilst in operational service ADMINISTRATIVE APPEALS TRIBUNAL – review of decision – question of law – whether the material points to a hypothesis that fits the relevant template in the applicable statement of principles

WORDS AND PHRASES – 'might evoke intense fear, helplessness or horror', 'severe stressor', 'reasonable hypothesis connecting', 'war-related', 'war caused disease', 'witnessing casualty clearance'

Veterans' Entitlements Act 1986 (Cth) ss 120, 120A, 196B

Repatriation Commission v Deledio (1998) 83 FCR 82 followed Dixon v Repatriation Commission (1999) 29 AAR 235 followed Repatriation Commission v Hill (2003) 69 ALD 581 referred to White v Repatriation Commission (2004) 39 AAR 67 distinguished Stoddart v Repatriation Commission (2004) 74 ALD 366 considered Repatriation Commission v Stoddart (2004) 77 ALD 67 referred to Woodward v Repatriation Commission (2004) 75 ALD 420 considered

The New Shorter Oxford English Dictionary, (ed) L Braun, Claredon Press, Oxford (1993) ROBERT PATRICK CONSTABLE v REPATRIATION COMMISSION QUD 240 OF 2004 DOWSETT J 8 JULY 2005 BRISBANE (HEARD IN TOWNSVILLE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 240 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ROBERT PATRICK CONSTABLE

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 8 JULY 2005

WHERE MADE: BRISBANE (HEARD IN TOWNSVILLE)

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal dated 4 November 2004 be set aside; 2. The matter be remitted to the Administrative Appeals Tribunal for further consideration in accordance with law; 3. The respondent pay the applicant's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.