Lees v Repatriation Commission [2002] FCAFC 398

Lees v Repatriation Commission [2002] FCAFC 398

The Tribunal did not err in interpreting "clinical onset" for generalised anxiety disorder as requiring the symptoms or features specified in the applicable Statement of Principles to be revealed within two years of the relevant severe psychosocial stressor. However, it erred by failing to consider Dr Ewers' oral evidence and report as material capable of showing that the appellant had relevant symptoms within that period. That evidence, including statements that the appellant was keyed up most of the time and had insomnia and irritability, could bear on whether the requirements of the Statement of Principles were met, so the error could not be treated as immaterial.

Jurisdiction
Australia
Judgment Date
06 December 2002
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) on a Question of Law Concerning Claims for Benefits Under the Veterans Entitlements Act 1986 (cth) / Full Court Judgment on Appeal From a Decision of the Administrative Appeals Tribunal
Outcome
Appeal allowed; Tribunal decision set aside and matter remitted to the Administrative Appeals Tribunal differently constituted.
Legal Topics
['war Caused Disease' 'statements of Principles' 'clinical Onset' 'generalised Anxiety Disorder' 'alcohol Abuse' 'gastro Oesophageal Reflux Disease' 'reasonable Hypothesis' 'aat Obligation to Consider Material']
["veterans' Affairs" 'administrative Law' 'evidence'] ['war Caused Disease' 'statements of Principles' 'clinical Onset' 'generalised Anxiety Disorder' 'alcohol Abuse' 'gastro Oesophageal Reflux Disease' 'reasonable Hypothesis' 'aat Obligation to Consider Material']

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) on a Question of Law Concerning Claims for Benefits Under the Veterans Entitlements Act 1986 (cth) / Full Court Judgment on Appeal From a Decision of the Administrative Appeals Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal correctly interpreted "clinical onset" in the applicable Statements of Principles for generalised anxiety disorder, alcohol abuse and gastro-oesophageal reflux disease.' 'Whether the Tribunal was obliged under s 120 of the Veterans Entitlements Act 1986 (Cth) to consider evidence from Dr Ewers about what the appellant told him concerning the timing and nature of symptoms.' "Whether any failure to consider that evidence was material to the Tribunal's conclusion that there was no material pointing to clinical onset within two years of operational service stressors."]

Ratio Decidendi

The Tribunal did not err in interpreting "clinical onset" for generalised anxiety disorder as requiring the symptoms or features specified in the applicable Statement of Principles to be revealed within two years of the relevant severe psychosocial stressor. However, it erred by failing to consider Dr Ewers' oral evidence and report as material capable of showing that the appellant had relevant symptoms within that period. That evidence, including statements that the appellant was keyed up most of the time and had insomnia and irritability, could bear on whether the requirements of the Statement of Principles were met, so the error could not be treated as immaterial.

Court Disposition

Appeal allowed; Tribunal decision set aside and matter remitted to the Administrative Appeals Tribunal differently constituted.

Orders

  • ['The decision of the Administrative Appeals Tribunal be set aside.' 'The matter be remitted to the Administrative Appeals Tribunal, differently constituted.' "The respondent pay the appellant's costs."]