Hurley and Australian Capital Territory (Compensation)

This matter concerned an appeal by the Applicant, Hurley, against a decision of the Australian Capital Territory (ACT) regarding compensation for a major depressive illness. The core dispute revolved around whether the Applicant's employment had contributed to a significant degree to the aggravation of a pre-existing mental health condition, and whether the ACT had been prejudiced by the manner in which the claim was particularised and the delay involved. The case was heard by Deputy John Sosso P.

The legal issues before the Tribunal included determining whether the Applicant's claimed condition was significantly contributed to by her employment, considering both employment and non-employment factors. Additionally, the Tribunal had to assess whether the respondent, the ACT, was exposed to an unacceptable degree of prejudice due to the particularisation of the Applicant's claim and the delay in its presentation. The Tribunal also considered the scope of its inquisitorial nature in workers' compensation matters and whether the respondent had been "surprised" or "ambushed" at the hearing.

The Tribunal reasoned that while both employment and non-employment factors contributed to the aggravation of the Applicant's pre-existing mental health condition, the employment factors played a significant role. The Tribunal acknowledged that it was not bound by strict rules of evidence but was obligated to accord parties natural justice, ensuring they had a reasonable opportunity to present their case and test the opposing evidence. The Tribunal found that the respondent had not been denied procedural fairness, despite the Applicant's initial lack of specific details and varying dates for the claimed injury, as the concept of "injury" and its date are central to the Act's scheme.

Consequently, the Tribunal set aside the decision under review and substituted its own decision, finding the ACT liable to pay compensation to the Applicant for an aggravation of her pre-existing PTSD and major depression, with a date of injury in 2010. The matter was remitted to the ACT for implementation of this decision, and the ACT was ordered to pay the Applicant's costs.