Lord and Comcare (Compensation)

The Administrative Appeals Tribunal considered an application by Ms. Lord for review of a decision by Comcare. Comcare had affirmed an earlier determination that Ms. Lord suffered from an adjustment disorder, which was significantly contributed to by her employment with the Special Broadcasting Service (SBS). However, Comcare declined liability under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) on the basis that the injury was suffered as a result of reasonable administrative action taken in a reasonable manner.

The sole legal issue before the Tribunal was whether the actions of SBS in relation to changes in Ms. Lord's work fell within the exclusionary provision of section 5A(1) of the Act. It was agreed by both parties that Ms. Lord suffered from an adjustment disorder and that this ailment was significantly contributed to by her workplace events, thus satisfying the definition of 'injury' under sections 5A and 5B of the Act.

The Tribunal found that the actions taken by SBS constituted reasonable administrative action carried out in a reasonable manner. This conclusion was supported by the findings of an independent investigator, PWC, who conducted an extensive review including interviews with Ms. Lord and other relevant parties. The Tribunal gave considerable weight to these findings, which strongly supported the evidence presented.

Consequently, the Tribunal affirmed the reviewable decision of Comcare's delegate dated 13 April 2018.