FSBS and Australian Capital Territory (Compensation)

This matter concerned an appeal by FSBS against a decision by the Australian Capital Territory (ACT) regarding a compensation claim. FSBS had lodged a claim for compensation in respect of a back injury he alleged occurred on 28 September 2012, while employed as a Youth Worker with the ACT Department of Education and Training. The dispute centred on the ACT's liability to pay compensation for this injury.

The primary legal issue before the Tribunal was whether FSBS had sustained an injury on 23 August 2019 for which the ACT was liable to pay compensation. This required the Tribunal to assess the reliability of FSBS's evidence concerning the incident and the subsequent medical condition, and to consider whether the ACT's failure to call certain witnesses was a relevant factor in its assessment.

The Tribunal considered the evidence presented, including FSBS's account of lifting weights and hearing his back "crack," and an incident report detailing a "click" in his lower back and a "pinching" sensation in his upper back. The Tribunal also reviewed clinical notes from FSBS's general practitioner, which indicated ongoing lower back pain, radiation down the left leg, and a diagnosis of disc protrusion and nerve root compression following a CT scan. While acknowledging the argument regarding the failure to call key witnesses, the Tribunal found that the case largely turned on the reliability of FSBS's evidence, which was substantially supported by contemporaneous materials. The Tribunal concluded that FSBS had sustained an injury on 23 August 2019 for which the ACT was liable to pay compensation.

The decision under review was set aside, and the Tribunal determined that FSBS sustained an injury on 23 August 2019 for which the ACT is liable to pay compensation. The amount of compensation is to be determined subject to applicable heads of compensation under the SRC Act. The parties were to make submissions on costs within 14 days, failing which the ACT would be ordered to pay FSBS's costs.