Mador and Comcare (Compensation) [2022] AATA 892 (27 April 2022)
Division:GENERAL DIVISION
File Number: 2019/5822
Re:Ana Mador
APPLICANT
AndComcare
RESPONDENT
Decision
Tribunal:Dr I Alexander, Senior Member
Date:27 April 2022
Place:Sydney
The Tribunal finds that:
The decisions under review are affirmed.
.....................................[sgd]...................................
Dr I Alexander, Senior Member
CATCHWORDS
WORKERS’ COMPENSATION –– anxiety/stress disorder – whether Comcare is liable to pay compensation for psychological injury – whether Applicant suffered a psychological ailment for the purposes of section 5B of the SRC Act – whether Applicant’s ailment was contributed to, to a significant degree by her employment with ATO, therefore, a disease for the purposes of section 5B of the SRC Act – whether Applicant suffered disease as a result of reasonable administrative action, taken in a reasonable manner in respect of her employment with the ATO and, therefore, not compensable under the SRC Act – decisions under review affirmed
LEGISLATION
Safety, Rehabilitation and Compensation Act 1988 (Cth)
CASES
Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105
Commonwealth Bank of Australia v Reeve [2012] FCAFC 21;19 FCR 463
Comcare v Drinkwater [2018] FCAFC 62
Comcare v Martinez (No 2) [2013] FCA 439Nguyen and Comcare (Compensation) [2018] AATA 1623
REASONS FOR DECISION
Dr I Alexander, Senior Member
27 April 2022
Ms Mador is a permanent part-time employee of the Australian Tax Office (ATO). She has worked in the Superannuation Business Line in various teams since she commenced employment in August 2000 as an administrative officer at the APS4 level.
At the relevant time, Ms Mador was an EL1 Law interpretation Officer in the Interpretive Advice (IA) area within the Technical Leadership and Advice branch where she had worked since August 2012.
In May 2018, Lekie Johnstone (LJ)[1] had a brief conversation with Ms Mador and other employees to test their interest in possible redundancies that may be available in the future.
[1] EL2 – Director of Interpretive Advice (IA) in the Technical Leadership and Advice branch of the ATO.
Between 10 June 2018 and 10 September 2018, Ms Mador was overseas on leave.
On 24 September 2018, in a meeting with LJ, DBZQ,[2] and Fiona Elliot (FE)[3] to discuss the new team structure to be implemented in November 2018, Ms Mador and Mr David Lavender (DL),[4] were informed that the STO unit is to be disbanded and that the three members of the Sydney STO team will be transferred to the Sydney IA team.[5] During the meeting they were also informed that they would be reporting to DBZQ as the team manager.
[2] EL1- AI Team manager.
[3] EL1 – STO team manager.
[4] Sydney Senior Technical Officer (STO) team: A. Mador - EL1; R.; D. Lavender (DL)- EL1; Tesoriero (RT)-APS6.
[5] Other team members of the STO unit were based in Tasmania and Queensland.
On 27 September 2018, in a meeting with LJ and FE, Ms Mador raised concerns about reporting to DBZQ because of an…
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- AGLC
- Mador and Comcare (Compensation) [2022] AATA 892
- Case
- [2022] AATA 892
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether Ms Mador suffered a psychological ailment that constituted a "disease" for the purposes of section 5B of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), and whether this disease was contributed to, to a significant degree, by her employment. Crucially, the Tribunal also had to determine if Ms Mador's ailment resulted from reasonable administrative action taken in a reasonable manner in respect of her employment, which would render it non-compensable under the Act.
The Tribunal considered Ms Mador's evidence detailing alleged bullying, pressure to transfer or accept redundancy, and false allegations made against her. It also examined her GP records and a request for reconsideration. The Tribunal applied the principles of reasonableness as discussed in *Bropho v Human Rights and Equal Opportunity Commission* and *Comcare v Martinez (No 2)*, which require an objective assessment of whether an action bears a rational relationship to the activity and is not disproportionate. The Tribunal was satisfied that the "Compass meeting" on 18 February 2019, where concerns about Ms Mador's behaviour were raised, constituted reasonable administrative action taken in a reasonable manner.
The Tribunal affirmed the decision under review, finding that Ms Mador's ailment was a result of reasonable administrative action taken in a reasonable manner in respect of her employment, and therefore, it was not compensable under the *Safety, Rehabilitation and Compensation Act 1988*.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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