Kaur and Comcare (Compensation)

This matter concerned an appeal by Ms Kaur against decisions of Comcare to reject her claim for compensation. Ms Kaur alleged that her managers' actions concerning her conduct and performance had caused or significantly contributed to a deterioration of her adjustment disorder. Comcare had denied her claim on the basis that the injury, if any, was the result of reasonable administrative action taken in a reasonable manner.

The Administrative Appeals Tribunal was required to determine whether Ms Kaur suffered an "injury" as defined by the relevant legislation. Specifically, the Tribunal had to consider whether her adjustment disorder was caused by reasonable administrative action taken in a reasonable manner in respect of her employment. If it was, then such an injury would be excluded from compensation under the Act.

The Tribunal found that Ms Kaur would not have suffered her diagnosed conditions of Major Depressive Disorder or ongoing adjustment disorder and anxiety and depressed mood if the administrative actions taken against her on 10 and 14 July 2017, and 30 January 2018, had not occurred. However, the Tribunal concluded that these actions constituted reasonable administrative action taken in a reasonable manner in respect of Ms Kaur’s employment. Consequently, her conditions were excluded from the definition of "injury" under the Act, precluding her claim for compensation. The Tribunal affirmed the decisions of Comcare.