HSDR and Comcare (Compensation)

This matter concerned an application by HSDR (the applicant) for compensation from Comcare. The applicant had previously been found to have suffered a chronic adjustment disorder with anxious and depressed mood, which was materially contributed to by her perception of her Commonwealth employment. The dispute before the Administrative Appeals Tribunal (AAT) was whether Comcare remained liable to pay compensation, given its assertion that the applicant's condition was no longer materially contributed to by her employment, and whether the applicant was entitled to compensation for a gym program, household services, and bruxism treatment.

The AAT was required to determine two primary legal issues. Firstly, whether Comcare's liability to pay compensation continued, specifically addressing whether the applicant's accepted psychological condition was still materially contributed to by her previous employment. Secondly, if Comcare's liability was established, the Tribunal had to consider the applicant's entitlement to specific forms of compensation: for a gym program under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), for household services under section 29 of the SRC Act, and for bruxism treatment under sections 14 and 16 of the SRC Act.

The Senior Member found that the applicant was not entitled to compensation for the cost of a gym membership, as an exercise program was not considered medical treatment for the purposes of section 16 of the SRC Act. Similarly, the applicant was not entitled to compensation for household services because she did not reasonably require them under section 29. Furthermore, Comcare was not liable to pay for bruxism treatment, as bruxism was determined not to be an injury arising out of, or in the course of, the applicant's employment for the purposes of the SRC Act. The Tribunal's reasoning focused on the specific requirements and definitions within the relevant sections of the SRC Act concerning the nature of the injury, the necessity of the services or treatment, and the causal link to employment.