Bailey and Broadsword Marine Contractors Pty Limited (Compensation)

The applicant, Mr Travis Bailey, sought a review of a reconsideration determination by Broadsword Marine Contractors Pty Limited which affirmed a prior decision denying him ongoing benefits under the *Seafarers Rehabilitation and Compensation Act 1992* (Cth). The applicant had lodged a claim for fatigue-induced stress, anxiety, and depression, which was initially accepted as an adjustment disorder with depressed and anxious mood. However, subsequent determinations declined further liability, leading to the applicant's application for review by the Tribunal.

The sole issue before the court was whether section 10(7) of the Act operated to preclude the applicant's entitlement to compensation. This section provides that a disease or an aggravation of a disease is not to be taken as an injury if the employee has, at any time, made a wilful and false representation that they did not suffer, or had not previously suffered, from that disease, in connection with their employment or proposed employment in the maritime industry.

The court found that the applicant's adjustment disorder suffered in 2014 was not to be taken as an injury for the purposes of the Act due to the operation of section 10(7). The court determined that the applicant had suffered from an adjustment disorder prior to his employment with the respondent and had made a wilful and false representation on a medical information form, completed on or about 26 May 2014, that he had not previously suffered from this condition. This representation was made in connection with his proposed employment in the maritime industry.

Consequently, the court affirmed the decision under review.