Duffy and Comcare (Compensation)

The Administrative Appeals Tribunal considered a dispute between Mr. Duffy and Comcare concerning a claim for workers' compensation. Mr. Duffy sought compensation for an aggravation of his major depressive disorder, which he alleged was caused by administrative actions taken in respect of his employment with the Department of Defence.

The Tribunal was required to determine whether the aggravation of Mr. Duffy's depressive condition was a result of reasonable administrative action taken in relation to his employment, and if so, whether that administrative action contributed to the aggravation to a significant degree.

Deputy J W Constance P found that the decision under review, which rejected Mr. Duffy's claim, would be set aside. The Tribunal reasoned that it was not satisfied that the aggravation of Mr. Duffy's depressive condition was a result of administrative action taken in relation to his employment. Consequently, the Tribunal substituted its own decision, finding Comcare liable to compensate Mr. Duffy in respect of the injury he had suffered.