Tribunal: Senior Member D Katter
The Repatriation Commission decided that the applicant was not entitled to claim a disability pension under the Veterans’ Entitlements Act 1986 (Cth).
The applicant sought a review in the AAT as to having carried out work for the British nuclear test service in accordance with the Veterans’Entitlements Act 1986 (Cth).
The AAT set aside the decision and remitted the matter to the Repatriation Commission for reconsideration in accordance with the finding that the applicant had carried out work for the British nuclear test defence service.
The AAT needed to determine the applicant's eligibilty for a pension under the Act on the basis of his having undertaken British nuclear test service as a person employed at the Maralinga South Australian Atomic Test Site in the 1960s. The applicant provided documentary evidence to support his claim of involvement with the British nuclear test service at Maralinga including his name being recorded on a nominal roll, a security vetting record of an officer at Maralinga, and an identification card in the National Archives. The applicant also gave oral evidence at the Tribunal relating to his travel to and near Maralinga.
The Repatriation Commission submitted that the identification card was largely blank and was not determinative of the applicant’s presence at Maralinga and that there were no other service records for the same period supporting the applicant being at Maralinga. The applicant submitted that it was improbable that he would have the Maralinga identification card if he didn’t arrive there.
The AAT found that, on balance of the documentary and oral evidence before it, the applicant had undertaken British nuclear test defence service during the relevant period.
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