Doobree and Comcare (Compensation)

This matter concerned an application for compensation by an employee of the Department of Human Services (the Applicant) against Comcare (the Respondent) for an adjustment disorder. The Applicant sought review of the Respondent's decision to affirm its original decision denying liability for the claimed condition. The Administrative Appeals Tribunal was required to determine whether the Applicant suffered from an ailment, whether that ailment was contributed to to a significant degree by his employment, and whether the condition was excluded from the definition of injury due to being suffered as a result of reasonable administrative action taken in a reasonable manner.

The Tribunal was tasked with determining four key issues. Firstly, whether the Applicant suffered from an "ailment" as defined by the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), or an aggravation of such an ailment. Secondly, if an ailment was present, whether it was contributed to to a significant degree by the Applicant's employment, thereby constituting an "injury" under the SRC Act. Thirdly, the Tribunal had to consider whether the disease was suffered as a result of reasonable administrative action taken in a reasonable manner, which would exclude it from the definition of "injury". Finally, if all preceding conditions were met, the Tribunal needed to determine the date of onset of the condition.

The Tribunal found that the Applicant's claimed condition was an ailment within the meaning of the SRC Act, relying on medical reports diagnosing adjustment disorder with symptoms of depression and anxiety. Crucially, the Respondent accepted that the Applicant's condition was contributed to to a significant degree by his employment, identifying regular appraisals of underperformance, reasonable counselling, and formal performance management meetings as contributing factors. The Tribunal noted that the Respondent did not contend that the disease was suffered as a result of reasonable administrative action taken in a reasonable manner. The Tribunal affirmed the decision that the Respondent was liable to pay compensation to the Applicant for the claimed condition.