|
|
|
|
|
|
|
Media Release: 5 September 2001 Federal Court Win for Veterans Repatriation Commission V Gorton [2001] FCA 1194: 5 Sept 01 Navy veteran, Mr Raymond Gorton, had a major win in the Federal Court in his fight for a disability pension from the Department of Veterans Affairs. Mr Gorton claimed that his high blood pressure and associated problems were caused through his war service. To be successful in his claim for pension Mr Gorton needed to satisfy at least one of the legal criteria connecting high blood pressure to war service. In a landmark decision, the Full Bench of the Federal Court has affirmed the right of veterans to have their claims for disability pension determined not only on the basis of the current law, but also if more beneficial, on the law in place when their claim was decided. When his claim for pension was initially rejected by the Department of Veterans Affairs , Mr Gorton appealed. During the course of his appeal the legal criteria for his condition was amended. Mr Gorton argued to the Federal Court that he should able to apply either the law in place when his claim was originally decided, or the current law, whichever would be more likely to succeed. Veterans' advocate Elizabeth Sadleir says this decision will have enormous impact on all veterans claiming disability pension. "It means that if they have their claim for pension rejected by the Department, they can appeal that decision secure in the knowledge that later changes to the law can only improve their chances of success. They will be able to have their claim assessed against both the revised legal criteria as well as the original law." There have been many veterans like Mr Gorton, whose claim for disability pension was rejected, but who found that the law was amended during the appeal process. Ms Sadleir says, "Some veterans would lose with the amendments, for other veterans it would mean, like Mr Gorton, that their claim could now be successful. The decision of the Court affirms the right of these veterans to have their claim determined under both the new and the revoked law." For more information contact: Elizabeth Sadleir Telephone: 92195149 |
|
|
|