Barnes and Australian Postal Corporation (Compensation)

The Administrative Appeals Tribunal considered a dispute between Mr. Barnes and the Australian Postal Corporation concerning the suspension of Mr. Barnes' compensation entitlements. The core of the dispute revolved around Mr. Barnes' failure to attend a rehabilitative assessment as directed under section 36 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act).

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr. Barnes had a "reasonable excuse" under section 36(4) of the SRC Act for not attending the assessment. Specifically, Mr. Barnes contended that his objection to the assessment being conducted via videolink, due to the nature of a psychological assessment, constituted a reasonable excuse. Secondly, the Tribunal had to consider whether the SRC Act conferred power upon the Australian Postal Corporation to require an employee to undergo a medical assessment through videolink.

The Tribunal reasoned that Mr. Barnes' objection to a videolink assessment for a psychological evaluation, while subjectively held, did not meet the objective standard of a "reasonable excuse" as interpreted by established case law. The Tribunal noted that the SRC Act does not expressly grant the power to mandate videolink assessments, but it also did not find that the Act prohibited such assessments, particularly when the employee was prepared to attend in person. Drawing on precedent, the Tribunal emphasised that the assessment of reasonableness involves an objective evaluation, not solely the subjective state of mind of the employee. Consequently, the Tribunal affirmed the reviewable decision, meaning Mr. Barnes' compensation entitlements remained suspended.