Blauw and Comcare (Compensation)

This matter concerned an application for review of a decision by Comcare, brought before the Administrative Appeals Tribunal by the applicant, Ms. Blauw. The dispute arose from Ms. Blauw's claim for compensation for a panic disorder, which she alleged was suffered as a result of her employment with the Department of Defence. Specifically, the applicant's condition developed following a meeting on 13 July 2015, where she was informed of a decision requiring her immediate return to her substantive position in the Regional Integration and Coordination (RIC) team, from a temporary assignment in the Base Support/Estate Services (DS-BNE) team.

The primary legal issue before the Tribunal was whether the panic disorder suffered by the applicant constituted an "injury" for the purposes of the relevant compensation legislation. This required the Tribunal to determine whether the decision to recall the applicant to her substantive position, and the manner in which this decision was communicated and implemented, constituted "reasonable administrative action taken in a reasonable manner in respect of the employee's employment." If it did, then the applicant's condition would be excluded from compensation under section 5A(1) of the Act.

The Tribunal considered the evidence presented, noting that the applicant did not attend the hearing, which led to counsel for the applicant conceding that the respondent's evidence might be preferred in cases of conflict. The Tribunal found it more plausible that the applicant had given an assurance to assist the RIC team as needed while on temporary assignment, as stated by Ms. Keating, rather than the applicant's denial. The Tribunal accepted that the meeting on 13 July 2015 was the action that contributed significantly to the applicant's panic disorder. However, the Tribunal concluded that the decision to recall the applicant to her substantive role was based on operational needs and was a reasonable administrative action. Furthermore, the Tribunal found that the action was taken in a reasonable manner, as the meeting was the first step in a consultative process where the applicant was informed of the resourcing issue and given an opportunity to provide feedback, which was subsequently taken into account.

Consequently, the Tribunal affirmed the decision under review, finding that the administrative action taken in respect of the applicant's employment was reasonable and taken in a reasonable manner, thereby excluding her panic disorder from being considered a compensable injury under the Act.