Ascic and Comcare (Compensation)

The Administrative Appeals Tribunal reviewed a decision by a delegate of Comcare, which affirmed a prior determination declining the Applicant's claim for a lump sum payment for permanent impairment. The Applicant sought compensation for depression and an acute paranoid reaction to perceived stress in their employment. Comcare's decision was based on the finding that the Applicant's condition became permanent before 1 December 1988, the commencement date of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The previously applicable legislation, the *Compensation (Commonwealth Government Employees) Act 1971* (Cth), did not provide for lump sum compensation for psychological conditions.

The Tribunal was required to determine whether the Applicant had suffered a permanent impairment as a result of their accepted conditions. If so, it needed to ascertain whether this impairment and its permanency occurred before 1 December 1988, making the 1971 Act applicable. Alternatively, if the impairment predated 1 December 1988, the Tribunal had to consider if there had been a qualitative and quantitative change in the impairment after that date, giving rise to a new impairment, and if such a new impairment would entitle the Applicant to compensation under sections 24, 25, and 124 of the SRC Act.

The Tribunal's reasoning focused on the timing of the permanency of the Applicant's impairment. The core of the dispute revolved around whether the condition had become permanent before the commencement of the SRC Act, thereby precluding a claim under that Act, or if a new, compensable impairment had arisen after that date. The Tribunal considered evidence presented by both parties, including oral testimony and various documentary exhibits, to assess the nature and timing of the Applicant's psychological condition and its progression.

The decision under review was affirmed.