Boyd, B.J. v Australian Industry Development Corporation

Re: BEVERLEY JUNE BOYD
And: AUSTRALIAN INDUSTRY DEVELOPMENT CORPORATION
No. ACT G19 of 1990
FED No. 773
Administrative Law

COURT

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
Davies(1), Ryan(1) and Foster(1) JJ.

CATCHWORDS

Administrative Law - Workers' compensation - employee of Commonwealth authority suffering from reactive depression - whether employment a contributing factor to aggravation of disease - whether aggravation due to termination of employment - principles of causation discussed.

Compensation (Commonwealth Government Employees) Act 1971 (Cth) - s.29

HEARING

SYDNEY

#DATE 21:12:1990

Counsel for the appellant: Mr K.J. Crispin QC and Mr R.L. Crowe

Solicitors for the appellant: Pamela Coward and Associates

Counsel for the respondent: Mr R. Hulme QC and Mr D.G. Nock

Solicitors for the respondent: Mallesons Stephens Jaques

ORDER

The appeal be allowed.

Paragraph 3 of the orders made by the trial judge be set aside, and, in lieu thereof, it be ordered that the matter be remitted to the Administrative Appeals Tribunal to be heard and decided again with or without the hearing of further evidence.

The respondent pay the appellant's costs of the appeal.

Note: Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules.

JUDGE1

This is an appeal from a judgment of a single judge of the Court. The learned trial Judge allowed an appeal from a decision of the Administrative Appeals Tribunal which had held that the appellant, Beverley June Boyd, was entitled to compensation under the Compensation (Commonwealth Government Employees) Act 1971 (Cth) ("the Act") in respect of an aggravation of a stress-related psychiatric illness, reactive depression, as Ms Boyd's employment with the Australian Industry Development Corporation ("the Corporation") had been a contributing factor. The trial Judge held that it was not open to the Tribunal, on the material before it, to conclude that Mrs Boyd's employment by the Corporation contributed to the aggravation of the disease from which she suffered. His Honour ordered that the appeal be allowed, that the decision of the Tribunal be set aside and that a determination made on 17 September 1987 by a delegate of the Commissioner for Employees' Compensation refusing compensation be affirmed.

1. Ms Boyd, although an officer of the Public Service covered by the Officers' Rights Declaration Act 1928 (Cth), spent many years working in positions outside the Public Service. She held a number of positions as private secretary to Ministers. In 1971, Ms Boyd joined the staff of the Corporation as private secretary to its first Chief Executive, Sir Alan Westerman. In 1977, Mr J.R. Thomas was appointed as Chief Executive and Mrs Boyd became his executive assistant. Ms Boyd suffered an underlying psychiatric condition described by medical practitioners as reactive depression and from time to time after 1977 symptoms of this condition became manifest. From 1978 to 1981 Ms Boyd suffered stress related gynaecological problems. In 1984 she saw a doctor concerning stress and discussed with Mr Thomas possible retirement, but took sick leave instead.

2. Mr Thomas was…