Hawk and Linfox Armaguard Pty Limited (Compensation)

The Applicant, Hawk, brought a claim against his employer, Linfox Armaguard Pty Limited, concerning a psychological injury sustained during an armed robbery while working as a cash van driver. The dispute centred on whether the Applicant continued to suffer from the effects of this accepted psychological condition and whether it resulted in an ongoing need for medical treatment or incapacity for employment, as contemplated by the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The matter was before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant had established, on the balance of probabilities, that he continued to suffer from the effects of his accepted psychological condition. Specifically, the court needed to assess if this condition led to an ongoing need for medical treatment under section 16 of the Act, and if it resulted in an ongoing incapacity for employment, entitling him to compensation under section 19 of the Act. The Applicant's personal history, including a previous traumatic incident in 2005 and his current psychological state following the 2013 robbery, were relevant considerations.

The Tribunal acknowledged the Applicant's evidence regarding the traumatic events of the 2013 armed robbery, his fear for his safety and that of his family, and his subsequent difficulties. It also noted his prior experience with a similar incident in 2005. However, the Tribunal found that it was appropriate to remit the issue of determining the monetary compensation available under section 19(2) of the Act to the Respondent. Consequently, the Tribunal set aside the reviewable decision of 22 March 2019 and remitted the matter to the Respondent to make a determination on the amounts payable to the Applicant pursuant to sections 16 and 19 of the Act, in light of the Tribunal's findings. The Applicant's request for party/party costs was refused.