Adam and Comcare (Compensation)

This matter concerned an application by Mrs Rowena Adam for a review of Comcare's decision to deny her claim for workers' compensation. Mrs Adam, an employee of the Department, claimed to have suffered a psychological condition, described as anxiety, which she attributed to interactions with her supervisors, including an email and a discussion. Comcare conceded that Mrs Adam's condition was significantly contributed to by her employment but argued that it arose from reasonable administrative action taken in a reasonable manner, thereby excluding it from compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act).

The central legal issue before the Tribunal was whether Mrs Adam's psychological condition constituted an "injury" as defined by section 5A of the SRC Act. Specifically, the Tribunal had to determine if the condition was suffered as a result of reasonable administrative action taken in a reasonable manner in respect of Mrs Adam's employment. If this condition was met, Comcare would not be liable to pay compensation.

The Tribunal found that the email from Mrs Adam's supervisor and a subsequent discussion with a second-level supervisor were both reasonable informal counselling actions taken in respect of her employment. Applying section 5A(1) of the SRC Act, the Tribunal concluded that these actions constituted reasonable administrative action taken in a reasonable manner. Consequently, Mrs Adam's psychological condition, which was caused by these actions, was excluded from the definition of "injury" under the Act.

Accordingly, the Tribunal affirmed Comcare's decision that it was not liable to pay compensation to Mrs Adam.