Repatriation Commission v Money [2008] FCA 118

Repatriation Commission v Money [2008] FCA 118

The Tribunal did not misconstrue "inability to obtain appropriate clinical management" and was entitled to treat failure to diagnose and consequent absence of investigation, advice, monitoring and prophylactic measures as creating a practical barrier to appropriate clinical management. Medical evidence from respiratory physicians and Navy medical records provided material on which the Tribunal could be satisfied that Mr Money had IFA during service, that naval medical system failures caused an inability to obtain appropriate clinical management, and that the inability aggravated his IFA. The Tribunal's reasons, read fairly, applied the balance of probabilities standard required by s...

Jurisdiction
Australia
Judgment Date
04 March 2008
Procedural Posture
Appeal From the Veterans' Appeal Division of the Administrative Appeals Tribunal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Federal Court Appeal; Application Dismissed
Outcome
Application dismissed with costs.
Legal Topics
['defence Caused Disease' 'idiopathic Fibrosing Alveolitis' 'inability to Obtain Appropriate Clinical Management' 'statements of Principles' 'no Evidence Ground' 'standard of Proof on Balance of Probabilities']
['administrative Law' "veterans' Entitlements"] ['defence Caused Disease' 'idiopathic Fibrosing Alveolitis' 'inability to Obtain Appropriate Clinical Management' 'statements of Principles' 'no Evidence Ground' 'standard of Proof on Balance of Probabilities']

Case Brief

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Procedural Posture

Appeal From the Veterans' Appeal Division of the Administrative Appeals Tribunal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Federal Court Appeal; Application Dismissed

Legal Issues

  1. 1 ['Whether the Tribunal erred in construing the expression "inability to obtain appropriate clinical management" in clause 5(a) of Statement of Principles No 16 of 1998 concerning Idiopathic Fibrosing Alveolitis.' 'Whether there was material before the Tribunal capable of supporting findings that Mr Money was unable to obtain appropriate clinical management, that the factor was related to defence service, and that the inability aggravated his idiopathic fibrosing alveolitis.' "Whether the Tribunal failed to make required findings under s 196B(14) of the Veterans' Entitlements Act 1986 (Cth)." "Whether the Tribunal's findings about submarine service, smoking, and aggravation were open on the evidence." "Whether the Tribunal applied the standard prescribed by s 120(4) of the Veterans' Entitlements Act 1986 (Cth) or asked itself the wrong question."]

Ratio Decidendi

The Tribunal did not misconstrue "inability to obtain appropriate clinical management" and was entitled to treat failure to diagnose and consequent absence of investigation, advice, monitoring and prophylactic measures as creating a practical barrier to appropriate clinical management. Medical evidence from respiratory physicians and Navy medical records provided material on which the Tribunal could be satisfied that Mr Money had IFA during service, that naval medical system failures caused an inability to obtain appropriate clinical management, and that the inability aggravated his IFA. The Tribunal's reasons, read fairly, applied the balance of probabilities standard required by s...

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed with costs.']