Haughey and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal considered a claim for compensation brought by Mr Haughey against the Military Rehabilitation and Compensation Commission. Mr Haughey sought compensation for an adjustment disorder, which he alleged was a result of a serious physical attack he suffered while on base. The primary dispute concerned whether the applicant was entitled to compensation for this claimed injury.

The Tribunal was required to determine two key issues: firstly, whether Mr Haughey suffered from an adjustment disorder following the assault on 28 June 2008, and secondly, if so, whether this condition constituted a "service disease" as defined by section 27 of the relevant Act. A preliminary jurisdictional issue also arose concerning a separate psychological condition allegedly suffered in 2010, which the applicant had initially raised but later abandoned. The Tribunal had to decide whether it had the jurisdiction to consider this 2010 condition as part of the current application.

The Tribunal reasoned that the applicant's initial contention regarding a 2010 adjustment disorder was not pursued in his subsequent submissions and was not included in the original claim or the application for review. Citing the principles from *Comcare v Muir*, the Tribunal found that a claim focused on an injury from a specific event, the 2008 assault, could not be transformed into a claim for an injury suffered at an earlier, unspecified time. Consequently, the Tribunal determined that the 2010 psychological condition fell outside the scope of the applicant's claim and its jurisdiction was not enlivened under section 354(1) of the Act. The Tribunal then found that the causal factors linking the applicant's defence service to the assault and the consequent adjustment disorder were sufficient to satisfy the requirements of section 27(b) and (c)(iii) of the Act.

The Tribunal set aside the Commission's previous decision and substituted its own determination. It found that Mr Haughey suffered from a service disease, namely adjustment disorder, with an onset date of on or about 28 June 2008. The Commission was ordered to accept liability for this disease pursuant to section 23 of the Act, and the matter was remitted to the Commission for appropriate action. The parties were granted liberty to apply within 30 days in relation to costs.