Martinovic and Australian Capital Territory (Compensation)

This matter concerned an application for review by Ms Martinovic against a reconsideration decision by EML, acting for the Australian Capital Territory (ACT). Ms Martinovic claimed compensation for a psychological injury allegedly sustained due to events in her employment. The ACT had accepted liability for an adjustment disorder and compensation for medical treatment and incapacity for work for specific periods, but determined no present liability after 2 July 2020, a decision Ms Martinovic sought to challenge.

The Tribunal was required to determine factual and legal issues concerning the causation of Ms Martinovic's claimed psychological injury and her entitlements to compensation under sections 16 and 19 of the SRC Act. Specifically, the Tribunal needed to assess whether Ms Martinovic's employment contributed to a significant degree to her ailment, considering various factors including the duration and nature of her employment, any predispositions, and other activities affecting her health. This assessment necessitated an examination of relevant medical materials and records to identify and evaluate the relative contribution of employment and other factors to her condition.

In its reasoning, the Tribunal emphasised the need to carefully examine the substantive issues and required findings to properly assess the apparent relevance of materials produced under summons. It noted that any matters affecting Ms Martinovic's health could be taken into account when determining the significant degree of contribution from her employment. The Tribunal acknowledged that the nature of her psychological ailment, whether an adjustment disorder or general anxiety disorder, and any history of contributory causes or psychological symptoms, would be relevant. The Tribunal ultimately refused Ms Martinovic's objection and granted the ACT access to medical documents produced by Services Australia-Medicare and the Barton General Practice, finding them potentially illuminating of factors contributing to her claimed injury or related symptoms.