Moussavi and Comcare (Compensation)

This matter concerned two applications before the Administrative Appeals Tribunal, brought by Ms Moussavi against Comcare. The dispute centred on Ms Moussavi's claim for compensation for a psychological condition, specifically an adjustment disorder, which she alleged was contributed to by her employment as a translator for the Department of Home Affairs, including deployments to Nauru. Comcare had accepted that Ms Moussavi suffered a condition outside the boundaries of normal mental functioning and that her employment had contributed to it.

The Tribunal was required to determine two primary issues. Firstly, whether Ms Moussavi's condition resulted from reasonable administrative action taken in a reasonable manner in respect of her employment. Secondly, the Tribunal had to determine whether Ms Moussavi suffered a permanent impairment, and if so, the degree of that impairment for the purposes of sections 24 and 27 of the relevant Act.

The Tribunal found that the applicant's condition was not the result of reasonable administrative action. It accepted evidence that the applicant had suffered an adjustment disorder, to which her employment had significantly contributed. Crucially, the Tribunal determined that the applicant's impairment was permanent, likely to continue indefinitely, and assessed its degree at not less than 10% according to the Comcare Guide.

Consequently, the Tribunal set aside Comcare's previous decisions. In substitution, it determined that Ms Moussavi was entitled to compensation for incapacity and permanent impairment, including lump sum compensation under sections 24 and 27 of the Act for non-economic loss. The Tribunal also ordered Comcare to pay Ms Moussavi's costs.