Dedes and Comcare

[2011] AATA 647

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2011] AATA 647

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2010/0975

GENERAL ADMINISTRATIVE DIVISION		)
Re		JOHN DEDES

Applicant

And COMCARE

Respondent

DECISION

Tribunal Senior Member K Bean

Date16 September 2011

PlaceAdelaide

Decision The decision under review is affirmed.

..............................................

K BEAN
  (Senior Member)

CATCHWORDS

COMPENSATION – Commonwealth employee – Employee of Australian Valuation Office – Claims for adjustment disorder and aggravation of sleep apnoea – Adjustment disorder established – Whether significant contribution to condition by reasonable administrative action – Reasonable administrative action made significant contribution to development of condition – Condition not “injury” within the meaning of the SRC Act and not compensable – No significant contribution by employment to aggravation of sleep apnoea – Condition also not compensable – Decision under review affirmed.

Safety, Rehabilitation and Compensation Act 1988 ss 5A, 5B, 7(4), 14

Comcare v Mooi (1996) 69 FCR 444

Hart v Comcare (2005) 145 FCR 29
Re Drenth and Comcare [2011] AATA 582
Dunstan v Comcare [2011] FCAFC 108
Comcare v Caldwell [2008] FCA 2015

REASONS FOR DECISION

16 September 2011   Senior Member K Bean    

introduction

1.      Between July 2004 and June 2010, the applicant, Mr Dedes, was employed by the Australian Valuation Office (AVO) within the Australian Taxation Office as a Valuer-in-Training (VIT).  He was very pleased to get the job and initially enjoyed his work for the AVO.  He hoped that in due course he would be able to become a fully qualified valuer and progress to higher paid positions within the AVO.

2.      However under the terms of his employment, admission as an associate member of the Australian Property Institute (API) was required before a VIT could progress to a valuer classification attracting a higher salary.  Mr Dedes applied for associate membership of the API in late 2005 but was unsuccessful. 

3.      At around the same time, changes were introduced to the work systems at the AVO which Mr Dedes found made his job more difficult.  He also began to become frustrated with his lack of progression within the AVO and also began to feel that he was being overworked.  

4.      He subsequently appears to have become increasingly unhappy with aspects of his job and in 2007 and 2008 was unco-operative with the attempts of his then supervisor, Mr Hinkelthein, to have him enter into a performance development agreement (PDA).  After he was advised by Mr Hinkelthein that he would be required to attend a PDA meeting, he went to see his general practitioner, Dr Yong, and reported that he felt stressed and overworked.  Dr Yong certified him unfit for a work for one month.  After that period he returned to work, however following some meetings relating to his performance and behaviour, he again attended on Dr Yong and Dr Yong formed the view that he was suffering from an adjustment disorder with anxiety.

5.      In the period 2007-2008 Mr Dedes was also having increasing difficulty with his pre-existing condition of sleep apnoea, partly…