Repatriation Commission v Codd [2005] FCA 888

Repatriation Commission v Codd [2005] FCA 888

The Tribunal erred in law because an inference that the veteran suffered from generalised anxiety disorder at the time of death was not reasonably open on the material. The evidence did not support the required features of generalised anxiety disorder, including excessive anxiety and worry of the kind required by the Statement of Principles, association of the identified symptoms with that anxiety and worry, presence of symptoms for the required period, or exclusion of symptoms occurring solely during PTSD. In any event, the Tribunal failed properly to test the hypothesis against the Statement of Principles, because factor 5(a)(ii) required clinical onset of anxiety disorder within two...

Jurisdiction
Australia
Judgment Date
30 June 2005
Procedural Posture
Application by Way of Appeal From the Veterans' Appeals Division of the Administrative Appeals Tribunal / Federal Court Appeal From the Tribunal's Decision Made on 20 August 2004
Outcome
Application by way of appeal allowed; Tribunal decision set aside and matter remitted; no order as to costs.
Legal Topics
['war Caused Death' 'statement of Principles' 'generalised Anxiety Disorder' 'reasonable Hypothesis' 'standard of Proof' 'error of Law']
["veterans' Entitlements" 'administrative Law'] ['war Caused Death' 'statement of Principles' 'generalised Anxiety Disorder' 'reasonable Hypothesis' 'standard of Proof' 'error of Law']

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Procedural Posture

Application by Way of Appeal From the Veterans' Appeals Division of the Administrative Appeals Tribunal / Federal Court Appeal From the Tribunal's Decision Made on 20 August 2004

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by concluding that the material before it was capable of supporting a finding on the balance of probabilities that the veteran was suffering from generalised anxiety disorder at the time of his death.' 'Whether the Tribunal failed to consider whether the indicia for diagnosis of generalised anxiety disorder in Statement of Principles Instrument No. 1 of 2000 were met.' "Whether the hypothesis connecting the veteran's death with service fitted the applicable Statement of Principles, including the requirement of clinical onset within two years of a severe psychosocial stressor."]

Ratio Decidendi

The Tribunal erred in law because an inference that the veteran suffered from generalised anxiety disorder at the time of death was not reasonably open on the material. The evidence did not support the required features of generalised anxiety disorder, including excessive anxiety and worry of the kind required by the Statement of Principles, association of the identified symptoms with that anxiety and worry, presence of symptoms for the required period, or exclusion of symptoms occurring solely during PTSD. In any event, the Tribunal failed properly to test the hypothesis against the Statement of Principles, because factor 5(a)(ii) required clinical onset of anxiety disorder within two...

Court Disposition

Application by way of appeal allowed; Tribunal decision set aside and matter remitted; no order as to costs.

Orders

  • ['The application by way of appeal be allowed.' "The decision of the Veterans' Appeals Tribunal made on 20 August 2004 be set aside." 'The matter be remitted to the Tribunal to be heard and determined according to law.' 'There be no order as to costs.']