Hollis and Comcare (Compensation)

This matter concerned an appeal by Ms Hollis against a decision by Comcare regarding her claim for compensation for an ailment, specifically anxiety and depression. The dispute centred on whether Ms Hollis' depressive condition was an "ailment" suffered as a result of her employment, particularly in light of a pre-existing depressive condition and the termination of her employment following a code of conduct investigation. The decision was made by Mr P W Taylor SC, Senior Member, of the Tribunal.

The legal issues before the Tribunal were whether Ms Hollis suffered an "aggravation" of an underlying depressive condition, whether this aggravation was contributed to by her employment, and whether the termination of her employment constituted "reasonable administrative action" that did not cause her ailment. The Tribunal was required to determine the meaning of "suffered as a result of" in the context of employment and administrative actions.

The Tribunal reasoned that Ms Hollis' evidence indicated she suffered a major depressive episode after receiving notice of her termination, which she viewed as a consequence of voicing concerns about unethical behaviour. The Tribunal concluded that the termination decision, being administrative action, became an operative cause of her resultant depressive condition after approximately 24 December 2013. Crucially, the Tribunal found that Ms Hollis suffered an aggravation of an ailment in September 2012, to which her employment made a significant contribution. This aggravation was deemed an injury for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

Consequently, the Tribunal set aside the decision under review and remitted Ms Hollis' October 2013 claim to Comcare for reconsideration in accordance with the Tribunal's reasons. The Tribunal deferred making any order in relation to costs, allowing the parties an opportunity to consider the decision and potentially resolve the matter by agreement, or to agree on a timetable for further submissions if agreement could not be reached.