Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2004] AATA 128
ADMINISTRATIVE APPEALS TRIBUNAL )
) No A2001/83
GENERAL ADMINISTRATIVE DIVISION ) Re OLGA HART Applicant
And
COMCARE
Respondent
DECISION
Tribunal Mr G A Mowbray Date10 February 2004
PlaceCanberra
Decision
The reviewable decision of 4 January 2001 is set aside and in substitution the Tribunal determines that Comcare is liable to pay compensation to Ms Hart pursuant to section 14(1) of the Safety, Rehabilitation and Compensation Act 1988 for an adjustment disorder the onset of which occurred around July-August 2000.
The Tribunal orders Comcare to pay Ms Hart's costs as agreed or taxed, other than those for the lost hearing days of 25 to 27 March 2002.
................................…………..
G A Mowbray
Member
CATCHWORDS
COMPENSATION – liability – nature and conditions of work – adjustment disorder – material contribution from employment – failure to obtain promotion – costs – decision set aside
PRACTICE AND PROCEDURE – s 37 documents
Safety, Rehabilitation and Compensation Act 1988 ss 4, 14
Administrative Appeals Tribunal Act 1975 s 37
Comcare v Mooi (1996) 137 ALR 690
Trewin v Comcare (1998) 156 ALR 615
Re Gelbak and Comcare [1995] AATA 10169
Re Fitzgerald and Comcare [1995] AATA 10514
Re Parker and Comcare [1996] AATA 11298
Re Myers and Comcare [1997] AATA 11756
Rodriguez v Telstra Corporation Limited [1999] FCA 1400
Wiegand v Comcare (2002) 72 ALD 795
REASONS FOR DECISION
10 February 2004 Mr G A Mowbray Summary
1. Ms Olga Hart, the Applicant in this matter, had been employed by the Department of Defence (the Department) for some years when she made a claim for rehabilitation and compensation on 18 August 2000. She said that she suffered from depression and anxiety and an adjustment disorder with anxious and depressed mood caused by events associated with her application for three positions.
2. Although the Respondent, Comcare, accepted that she suffered from an adjustment disorder the claim was rejected on 30 September 2000. Comcare was not satisfied that Ms Hart's employment materially contributed to her condition. Furthermore the exclusionary provision which provides that compensation is not payable for injuries which result from failure to obtain a promotion applied to Ms Hart's case. This decision was upheld on review on 4 January 2001.
3. The initial claim for compensation centred on events associated with Ms Hart's lack of success with a number of job applications but over time its ambit has broadened. The case presented to the Tribunal was a nature and conditions claim based on the cumulative effect of a large number of incidents in the course of Ms Hart's employment with the Department. I have not accepted many of Ms Hart's claims concerning these incidents, nor that they contributed to her accepted adjustment disorder.
4. However I am satisfied that a number of incidents associated with the application, interview and promotion process contributed materially to Ms Hart's condition. I am also satisfied that these incidents do not fall…
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- AGLC
- Hart and Comcare [2004] AATA 128
- Case
- [2004] AATA 128
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether Ms Hart's psychiatric condition was caused by her employment and whether there was a material contribution from her employment to the development of the condition. Additionally, the court had to consider whether the failure to obtain a promotion materially contributed to the psychiatric injury, and whether Comcare was liable for compensation under section 14(1) of the Safety, Rehabilitation and Compensation Act 1988.
The court held that the Tribunal had erred in its approach to the evidence and had failed to consider all relevant material. The court found that the psychiatric injury was caused by the nature and conditions of Ms Hart's employment and that Comcare was liable for compensation. The failure to obtain a promotion was a contributing factor to the development of the psychiatric injury. The court set aside the decision of the Tribunal and in its place determined that Comcare was liable to pay compensation to Ms Hart.
The court ordered that the reviewable decision of 4 January 2001 was set aside and in substitution the Tribunal determined that Comcare was liable to pay compensation to Ms Hart pursuant to section 14(1) of the Safety, Rehabilitation and Compensation Act 1988 for an adjustment disorder the onset of which occurred around July-August 2000.
Orders
Orders of the court
The reviewable decision of 4 January 2001 is set aside and in substitution the Tribunal determines that Comcare is liable to pay compensation to Ms Hart pursuant to section 14(1) of the Safety, Rehabilitation and Compensation Act 1988 for an adjustment disorder the onset of which occurred around July-August 2000.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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