KGGY and Comcare (Compensation)

This matter concerned a review by the Tribunal of a decision by Comcare affirming an earlier determination that the applicant's psychological injury, diagnosed as an adjustment disorder with mixed anxiety and depression, was suffered as a result of reasonable administrative action taken in a reasonable manner in respect of his employment. The applicant's claim for workers' compensation was initially accepted by Comcare in relation to the diagnosis, but compensation was denied due to the exclusion in the *Safety, Rehabilitation and Compensation Act 1988* (Cth) concerning reasonable administrative action. The Fair Work Ombudsman (FWO), the respondent, challenged a summons issued for the production of documents, arguing they were irrelevant and subject to legal professional privilege.

The primary legal issues before the Tribunal were whether the documents sought by the summons were relevant to the proceedings and whether they were protected by legal professional privilege. The Tribunal was required to consider the test for adjectival relevance, which is satisfied if documents can reasonably be expected to "throw light" on the issues in dispute. Additionally, the Tribunal had to determine the scope of legal professional privilege, which protects confidential communications between a client and legal advisor where the dominant purpose is obtaining or giving legal advice or assistance, or procuring legal advice concerning actual or contemplated litigation.

The Tribunal noted that the applicant contended the documents were relevant as they related to a discussion with a Senior Lawyer at the FWO, which he identified as the time his condition onset. He argued the documents would establish a chronology of events and demonstrate that the Senior Lawyer's actions were operational rather than administrative, thus potentially falling outside the exclusion in the *SRC Act*. However, the Tribunal found it unnecessary to delve deeply into the tests for relevance and legal professional privilege, as it ultimately directed that the summons be set aside.

The Tribunal ordered that the summons lodged be set aside.