Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stevens v Repatriation Commission [2018] FCA 1866 File number: QUD 4 of 2018
Judge: LOGAN J
Date of judgment: 29 November 2018
Catchwords: DEFENCE AND WAR – veterans' entitlement – repatriation pension – whether incapacity arising from war-caused injury or disease – veteran suffering from post-traumatic stress disorder ("PTSD") – whether veterans' service in Vung Tau harbour and waters off Vietnam resulted in war-caused PTSD or its worsening for the purposes of the Veteran's Entitlements Act 1986 (Cth) – whether Tribunal had erred in law in application of standard of proof and applicable Statement of Principles. Held – Administrative Appeals Tribunal decision affirmed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43(2B), 44 Veterans' Entitlements Act 1986 (Cth) ss 3, 120, 120(1), 120(3), 120A, 120A(3) War Pensions Act 1914 (Cth)
Cases cited: Australian Postal Corporation v Hughes (2009) 50 AAR 267 Border v Repatriation Commission (No. 2) (2010) 191 FCR 163 Collins v Administrative Appeals Tribunal (2007) 163 FCR 35 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Ekinci v Civil Aviation Safety Authority (2014) 227 FCR 459 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Mulligan v National Disability Insurance Agency (2015) 233 FCR 201 Repatriation Commission v Deledio (1998) 83 FCR 82 Voelker and Repatriation Commission [2016] AATA 427 Woodward v Repatriation Commission (2003) 131 FCR 473
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