Case: Treloar v Australian Telecommunications Commission (1990) 26 FCR 316
Outcome: referred to
However the Tribunal found that Mr Robertson's PTSD did not have its clinical onset until 1994. The Tribunal concluded that if such incident was the sole cause of the PTSD, it occurred outside his period of 'eligible service' because the incident occurred before 7 December 1972 (see s 68 of the Act). Accordingly it was not related to his 'eligible service'. The Tribunal also considered that other incidents namely the diving incident in Hong Kong in 1974 while on board HMAS Stuart, the stress episodes which occurred at least three to six times per year suffered by Mr Robertson whilst continuing to serve on HMAS Melbourne, and a fire on HMAS Supply, were each severe stressors ('the subsequent stressors'). The Tribunal found: On the basis of the expert evidence I am satisfied that the later stressors "add their measure" to the final manifestation of Mr Robertson's post traumatic stress disorder in 1994 ( Treloar v Australian Telecommunications Commission ). In any event, the SoP operates, by factor 5(a) to establish a connection to service (experiencing a severe stressor prior to the clinical onset of post traumatic stress disorder). Section 120B of the Act establishes war causation where there is material that raises a connection between a disease and service and a SoP upholds that connection. Both requirements are met here and so Mr Robertson's post traumatic stress disorder is war caused. 16 As to Mr Robertson's claims of alcohol dependence, the Tribunal considered the relevant factor for alcohol dependence to be that the person was 'suffering from a psychiatric disorder at the time of the clinical onset of alcohol dependence or alcohol abuse' : see clause 5(a) of the SoP for Alcohol Dependence. The Tribunal found that Mr Robertson's alcohol dependence ' had its clinical onset sometime in the 1990s but no later than 1997' when it was formally diagnosed. The Tribunal concluded that 'on the balance of probabilities, Mr Robertson had post traumatic stress disorder at the time of the clinical onset of his alcohol dependence' . 17 The relevant factor for major depression as found by the Tribunal, requires the claimant to 'have a clinically significant psychiatric condition within the one year immediately before the onset of depressive disorder' : see clause 5(b) the SoP for Depressive Disorder. The Tribunal found that Mr Robertson's major depression 'had its clinical onset in the mid 1990s' and continued: Given this time range and the clinical onset of post traumatic stress disorder in 1994, I find it more probable than not that Mr Robertson had post traumatic stress disorder within one year immediately before the clinical onset of major depression. 33 Since the Tribunal found that Mr Robertson's PTSD had its clinical onset in 1994 namely after his defence service had concluded there could be no scope for any contribution to or aggravation of his PTSD by the subsequent stressors suffered during his defence service as considered in Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 unless they were severe stressors which caused the PTSD: see the observations of Heerey J in Deledio v Repatriation Commission (1997) 47 ALD 261 at 275 with whom the Full Court agreed (see Repatriation Commission v Deledio (1998) 83 FCR 82 at 95-96). See also Repatriation Commission v Bendy (1989) 18 ALD 144 at 146.