Drinkwater and Comcare (Compensation)

This matter concerned an appeal by Mr Drinkwater against a decision by Comcare to deny him compensation for an adjustment disorder with anxiety. Mr Drinkwater, a Customs Officer, alleged that this condition arose as a result of actions taken by his employer concerning a mobility process and his subsequent redeployment.

The primary legal issue before the court was whether the actions taken by Mr Drinkwater's employer constituted "reasonable administrative action taken in respect of the employee's employment" under the *Safety, Rehabilitation and Compensation Act 1988* (Cth). If the actions were not administrative action, or if they were not reasonable or taken in a reasonable manner, then Mr Drinkwater's condition could be considered an "injury" for which Comcare would be liable to compensate him.

The court found that the employer's actions, including the implementation of a mobility process, the redeployment of staff, and Mr Drinkwater's unsuitability for certain roles and failure to be redeployed to his preferred area, did not amount to administrative action taken in respect of his employment. Instead, these actions were characterised as operational actions, not specifically directed at Mr Drinkwater as an individual. The court was satisfied that the actions taken were reasonable and taken in a reasonable manner.

Consequently, the court set aside Comcare's decision and substituted a new decision finding Comcare liable to compensate Mr Drinkwater for his adjustment disorder with anxiety. Comcare was ordered to pay Mr Drinkwater's costs unless an application for directions regarding costs was made within 14 days.