[2012] AATA 411
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2010/4815
Re
BRADLEY BEASLEY
APPLICANT
And
COMCARE
RESPONDENT
DECISION
Tribunal Senior Member J L Redfern
Air Vice-Marshal (Dr) T K Austin AM, MemberDate 3 July 2012 Place Sydney The decision under review is set aside and substituted with the decision that Comcare is liable to pay compensation to the Applicant under s 14 of the Safety, Rehabilitation and Compensation Act 1988.
..............[sgd]..........................................................
Ms J L Redfern, Senior Member
CATCHWORDS
COMPENSATION – liability for psychological injury – cause of injury - reasonable administrative action – undertaken in a reasonable manner – appraisal of performance - decision under review set aside
LEGISLATION
Safety, Rehabilitation and Compensation Act 1988 ss 4, 5A, 5B, 7, 14
CASES
Australian Telecommunications Corporation v Moffat (1992) 15 AAR 289
Comcare v Mooi (1996) 69 FCR 439
Commonwealth Bank of Australia v Reeve (2012) 199 FCR 463; [2012] FCAFC 21
Hart v Comcare (2005) 145 FCR 29
Re Carpenter and Comcare (2010) 116 ALD 190; [2010] AATA 62
Re Georges and Telstra Corporation Limited [2009] AATA 731
Re KRDV and National Australia Bank Ltd (2011) 125 ALD 311; [2011] AATA 210
Re Lynch and Comcare (2010) 114 ALD 394; [2010] AATA 38
Re Shardlow and Comcare [2012] AATA 10
Re Wilson and Comcare [2010] AATA 396REASONS FOR DECISION
Senior Member J L Redfern
Air Vice-Marshal (Dr) T K Austin AM, Member3 July 2012
Mr Bradley Beasley is a lawyer, who was employed by the Australian National University (ANU) from May 2004 in the Employment Strategies Branch of the Human Resources Division. He went off work on 31 August 2009 and did not return following a number of meetings with his supervisors in late August 2009. On 29 September 2009, Mr Beasley made a claim for compensation for anxiety and depression which was said to date back to 17 February 2006. Mr Beasley alleged that bullying and harassment by his supervisors caused his condition. He was admitted to Concord Hospital Mental Health Unit in November 2009 for a week. Mr Beasley was under the treatment of a psychiatrist from 28 or 29 September 2009 but refused to attend medical appointments arranged for him by the ANU on 31 March and 12 May 2010. He was given six months notice of termination of his employment on 1 June 2010 and on 30 November 2010, his employment ceased.
Comcare denied the claim on 29 January 2010 and on 9 September 2010, following a request for reconsideration, Comcare affirmed this decision. It was accepted that Mr Beasley suffered a psychological injury related to his employment but his injury was determined to be from 25 September 2009, being the date of a medical certificate provided by Mr Beasley’s treating doctor, and not February 2006 as claimed by Mr Beasley. Liability was declined on the basis that Mr Beasley’s injury was sustained as a result of “reasonable administrative action taken in a reasonable manner” in respect of his employment and…
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- AGLC
- BRADLEY BEASLEY and COMCARE [2012] AATA 411
- Case
- [2012] AATA 411
- Decision Date
CaseChat Overview and Summary
The court found that Mr Beasley did not suffer a psychological injury until after 31 August 2009, when he went off work and sought treatment, at which time he suffered a major depressive disorder. This disorder was work-related, and the meetings in late August 2009, including the presentation of the Kealley evaluation to Mr Beasley, contributed to a significant degree to his psychological injury. The court ruled that these matters were not "administrative action" and therefore the cause of Mr Beasley's injury was not an excluded cause under the relevant sections of the Act. Consequently, Mr Beasley was entitled to compensation under the Act. The court set aside the decision of Comcare and substituted it with the decision that Comcare is liable to pay compensation to Mr Beasley for his major depressive disorder under the relevant legislative provision.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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