Laviano and Comcare (Compensation)

This matter concerned an application by Mr Laviano for compensation from Comcare for an adjustment disorder, anxiety, and depression. The applicant alleged that these conditions arose as a result of his supervisor's actions, specifically a meeting and an email sent on 27 February 2014 and 6 March 2014 respectively. These communications concerned Mr Laviano's practice of making audio recordings in the workplace without consent, which had been raised in previous proceedings. The Tribunal was required to determine whether the applicant's ailment was suffered as a result of reasonable administrative action taken in a reasonable manner.

The central legal issue before the Tribunal was whether the actions taken by Mr Laviano's supervisor, Mr Delamont, constituted reasonable administrative action taken in a reasonable manner, as defined by section 5A of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). If the Tribunal found that the actions were not reasonable in either aspect, Comcare would be liable to pay compensation under section 14 of the Act. The Tribunal considered the content of the meeting and the email, which directed Mr Laviano to cease recording and to provide copies of existing recordings, in light of the applicant's alleged psychological injury.

The Tribunal found that the administrative actions taken by Mr Delamont were reasonable and were taken in a reasonable manner. The supervisor's concerns about the applicant's recording of staff and members of the public without consent were legitimate and related to workplace policies and potential legal obligations. The direction to cease recording and to provide existing recordings was a proportionate response to the identified issue. The Tribunal affirmed the decision that the applicant's ailment was suffered as a result of reasonable administrative action taken in a reasonable manner, thereby excluding it from the definition of an injury for the purposes of compensation.