Adams and Comcare (Compensation)

This matter concerned an appeal by Ms Adams against a decision by Comcare to deny her claim for compensation for an adjustment disorder. The central dispute revolved around whether Ms Adams' condition was a result of reasonable administrative action taken in respect of her employment, which would exclude it from compensation under the relevant legislation. The decision was heard by J F Toohey SM.

The court was required to determine two primary legal issues. Firstly, whether the administrative actions taken in respect of Ms Adams' employment, specifically those occurring on 25 August 2011, constituted reasonable administrative action taken in a reasonable manner. Secondly, if these actions were found to be reasonable, whether Ms Adams' adjustment disorder was a result of such actions, thereby excluding her claim for compensation. The court also considered, in the alternative, whether preceding events from March to May 2011, which involved performance management, also fell within the exclusionary provisions.

The court found that the administrative actions taken on 25 August 2011, including the refusal of sick leave and a formal direction to leave the premises, were reasonable and taken in a reasonable manner. This conclusion was based on evidence that Ms Adams had been remaining on the premises without apparent reason and had previously triggered a fire alarm by attempting to leave via fire stairs. The court accepted that these actions were taken in response to security concerns and prior warnings. Consequently, the court held that Ms Adams' adjustment disorder was not an injury within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) due to the exclusionary provision concerning reasonable administrative action.

The Tribunal affirmed the decision under review, meaning Ms Adams' claim for compensation was dismissed.