Griffiths and Australian Postal Corporation (Compensation)

This matter concerned an application for workers' compensation by Ms. Griffiths against the Australian Postal Corporation. Ms. Griffiths claimed to have suffered a work-related condition of anxiety and depression. The Australian Postal Corporation sought to rely on an exemption to liability under section 7(7) of the relevant Act, arguing that Ms. Griffiths had made wilful and false representations regarding a pre-existing similar condition in her compensation claims.

The primary legal issues before the Tribunal were whether Ms. Griffiths' employment had contributed to her psychological condition to a significant degree, and if so, whether section 7(7) of the Act operated to exempt the Australian Postal Corporation from liability due to Ms. Griffiths' representations. The Tribunal was also required to consider the weight to be given to expert evidence, particularly when it was not based on widely-accepted scientific criteria.

The Tribunal found that Ms. Griffiths' employment had contributed to her psychological condition to a significant degree, and that this condition constituted a disease under the Act. However, the Tribunal determined that Ms. Griffiths had made wilful and false representations in her compensation claims by answering "No" to the question of whether she had ever suffered a similar injury or illness, despite a documented history of postnatal depression, attempted suicide, major depressive episodes, and distress leading to hospital attendance and mental health care plans. The Tribunal held that these representations were wilful and false, and therefore section 7(7) of the Act operated as an absolute bar to her claim for compensation, irrespective of the significant contribution of her employment to her condition.