Editors --- "Need for a Causal Connection Between An 'Occurrence' and Operational Service" [2004] AdminRw 16; (2004) 56 Admin Review 65

• Need for a causal connection between an ‘occurrence’ and operational service

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Need for a causal connection between an ‘occurrence’ and operational service

In Woodward & Gundry v Repatriation Commission^[1] the Full Court of the Federal Court ruled that previous remarks about the Veterans’ Entitlements Act 1986 in Repatriation Commission v Keeley^[2] were not part of the reasons for decision and contained an erroneous statement of the law in relation to entitlements to pension for war-caused death, injury or disease.

Both ss. 8(1)(a) (war-caused death) and 9(1)(a) (war-caused injury or disease) of the Act contain the phrase ‘an occurrence that happened while the veteran was rendering operational service’. Citing remarks in a joint judgment in Keeley, the applicants argued that a temporal connection between an event and service rendered was sufficient to meet the definition of war-caused death or injury, even if there was no causal link between the ‘occurrence’ and the service rendered. For example, Mrs Gundry argued that in order to claim a war widow’s pension it was sufficient that during service in 1941 her husband had developed asthma, which ultimately led to his death from emphysema, irrespective of whether his asthma had been causally related to his service.

Additionally, the applicants argued—again relying on remarks in Keeley—that it was not necessary for them to raise a reasonable hypothesis by reference to a statement of principles (s. 120A of the Act) because no medical or scientific opinion was required to establish a temporal link.

The Full Court rejected this approach. It held that ss. 8(1)(a) and 9(1)(a) required that a death, injury or disease results from an ‘occurrence that happened while the veteran was rendering operational service’ [emphasis in judgment] and that these were words of causation requiring a link between the veteran’s service and the death, injury or disease [as opposed to a causal link between the occurrence and the death, injury or disease but only a temporal link between service and the occurrence]. Once a causal connection was required, it was inevitable that proof would be determined by reference to a statement of principles.

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^[1] [2003] FCAFC 160.

^[2] [2000] FCA 532.