Bian and Australian Capital Territory (Compensation)

This matter concerned an appeal by Ms Bian against a decision regarding her workers' compensation claim. The Australian Capital Territory (ACT) was the respondent. Ms Bian, a teacher in the ACT since 1995, had lodged a claim in 2007 following a period of significant stress related to her employment, including a difficult relationship with her principal, student complaints, and accusations of lateness. She had also undergone surgery for breast cancer around the same time. The core dispute revolved around whether Ms Bian's psychiatric condition, diagnosed as depression and an adjustment disorder, was an 'injury' under the relevant legislation, whether it continued to be significantly contributed to by her employment, and whether it resulted in ongoing incapacity and a need for medical treatment.

The Tribunal was required to determine four key issues: first, whether Ms Bian continued to suffer an 'injury' as defined by the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), irrespective of its diagnostic label or evolution; second, if so, whether her previous employment with the ACT was a significant contributing factor to any ongoing condition; third, whether she required medical treatment for that condition; and fourth, whether the condition resulted in an incapacity for employment. The Tribunal also considered the definition of 'ailment' under the SRC Act, which includes any physical or mental ailment, disorder, defect, or morbid condition, and 'aggravation', which encompasses acceleration or recurrence.

In its reasoning, the Tribunal considered Ms Bian's evidence, including her statements and testimony, which emphasised that workplace harassment was her primary concern and the "huge event" in her life at the time, causing significant distress. While acknowledging that other life events, such as her divorce and associated legal proceedings, had also caused emotional distress and required medical consultation, Ms Bian maintained that these later issues "added to my original condition" and contributed to her ability to cope with stress. The Tribunal ultimately set aside the decision under review and substituted a decision that the ACT was liable to pay compensation to Ms Bian under sections 16 and 21 of the SRC Act. The Tribunal also indicated it would receive further submissions regarding costs.