Bone and Australian Postal Corporation (Compensation) [2020] AATA 5104 (17 December 2020)
Administrative Appeals Tribunal
ADMINISTRATIVE APPEALS TRIBUNAL )
) No: 2016/0193
GENERAL DIVISION )Re: David Bone
Applicant
And: Australian Postal Corporation
RespondentDIRECTION
TRIBUNAL: A G Melick AO SC, Deputy President
DATE OF CORRIGENDUM: 4 May 2021
PLACE: Hobart
The Tribunal DIRECTS:
- That the corrigendum of 30 April 2021 and 3 May 2021 are revoked; and
- The Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, is directed to alter the text of the decision in this application as follows:
- At paragraph 58, ‘104’ is replaced with ‘28’.
- At paragraph 32, the text ‘which was paid for by Australia Post’ and ‘because it was too expensive’ is deleted.
- At paragraph 34, ‘compensation’ is replaced with ‘sick leave’.
- At paragraph 77, the text ‘not only could he not afford to see a psychologist, but’ is deleted.
The Tribunal notes the submissions made by Mr Bone and counsel for the Respondent and appreciates the effort made by both parties. The Tribunal has taken the time to review the evidence and notes that it is not straightforward.
.............................[sgd]......................................
A G Melick AO SC, Deputy President
Division:GENERAL DIVISION
File Number:2016/0193
Re:David Bone
APPLICANT
AndAustralian Postal Corporation
RESPONDENT
DECISION
Tribunal:A G Melick AO SC, Deputy President
Date:17 December 2020
Place:Hobart
The Tribunal affirms the decision under review.
[sgd]........................................................................
A G Melick AO SC, Deputy PresidentCOMPENSATION – Safety, Rehabilitation and Compensation Act 1988 - whether the Applicant suffered an injury defined by the Act – was the injury a disease as defined by the Act – was the disease significantly contributed to by employment – result of reasonable administrative action – was the action undertaken in a reasonable manner – decision affirmed
Legislation
Administrative Appeals Tribunal Act 1975
Racial Discrimination Act 1975Safety, Rehabilitation and Compensation Act 1988
Cases
Bropho v Human Rights and Equal Opportunity Commission [2004] FCAFC 16 [79]
Comcare v Martin [2016] HCA 43
Comcare v Martinez [2013] FCA 439
Comcare v PVYW [2013] HCA 41
Drenth v Comcare [2012] FCAFC 86
Federal Broom Company Pty Ltd v Semlitch [1964] HCA 34
Georges and Telstra Corporation [2009] AATA 731
Humphrey Earl Ltd v Speechley (1951) 84 CLR 133
JQWK and Comcare [2017] AATA 1965
Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42
O’Loughlin v Linfox Australia Pty Ltd [2015] FCA 1000
Perry and Australian Postal Commission [2005] AATA 712
Prain and Comcare [2014] AATA 593
Re Jones and Comcare [2013] AATA 334
Commonwealth Bank of Australia v Reeve [2012] FCAFC 21
RSBQ and Comcare [2017] AATA 1965
Telstra Corporation Ltd v Bowden [2012] FCA 576Wiegand v Comcare [2002] FCA 1464
Secondary Materials
Australian Transport Council Standards
REASONS FOR DECISION
A G Melick AO SC, Deputy President
17 December 2020
BACKGROUND
The Applicant commenced work with the Respondent in August 2007 as a permanent part-time postal transport officer at the Hobart Mail Centre with rostered…
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- Case
- [2020] AATA 5104
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Respondent's administrative action in denying the Applicant's workers' compensation claim was carried out in a reasonable manner, and consequently, whether the decision under review, which affirmed the denial of liability, should be upheld. The court was required to consider the evidence presented by both parties, including medical reports and the Applicant's own testimony regarding his work-related stress and subsequent incapacity.
The Deputy President found that the administrative action taken by the Respondent was reasonable. This conclusion was based on the evidence presented, particularly the medical certificates and the timeline of events. The Deputy President noted that while the Applicant experienced distress and sought medical attention, including a medical certificate for incapacity from 29 October 2015, the initial denial of liability for the claimed injury on 22 October 2015 was part of a process that was ultimately affirmed on review. The Deputy President's reasoning focused on the reasonableness of the administrative process itself, rather than a detailed re-examination of the original claim for injury.
The decision under review was affirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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