Farrow-Smith and Comcare (Compensation)

Farrow-Smith lodged a claim for compensation against Comcare, asserting that her employment with the ABC had contributed to her Ross River Fever infection, which she believed occurred during her employment in February 2020. The matter was initially heard by the Administrative Appeals Tribunal (AAT) but was subsequently appealed to the Federal Court, which set aside the AAT's decision and remitted the matter back to the Tribunal for re-hearing. The Tribunal was tasked with determining whether the applicant's Ross River Fever was contracted during her employment and if her employment significantly contributed to her ailment.

The key legal issues before the Tribunal were whether the applicant contracted the infection during her employment in February 2020 and whether her employment contributed to her ailment to a significant degree. The applicant provided evidence of a mosquito bite she experienced on 14 February 2020 while reporting on floods in Northern NSW, but the Tribunal had to assess the credibility and weight of this evidence alongside other factors, including the timeline of the infection and the applicant's activities both during and outside of her employment.

The Tribunal carefully reviewed the evidence, including witness statements, medical records, and expert reports. It found that while the applicant recalled being bitten by mosquitoes on 14 February 2020, the timeline of her infection did not align with this event. The evidence suggested that the applicant was more likely bitten in March 2020 while on leave and began experiencing symptoms in early April 2020, well after her employment-related activities had ceased. The Tribunal concluded that the applicant had not definitively proven that her infection occurred during her employment or that her employment contributed to her ailment to a significant degree.

In light of these findings, the Tribunal affirmed the decision under review, dismissing the applicant's claim for compensation. The Tribunal found that the applicant had not met the burden of proof necessary to establish a causal link between her employment and her Ross River Fever infection.