Napper and Comcare (Compensation)

The Administrative Appeals Tribunal reviewed a decision by Comcare to deny compensation to the applicant, Mr Wayne Napper, for a psychological condition diagnosed as an aggravation of major depressive disorder with psychotic features and schizoaffective disorder. Mr Napper claimed his condition was a result of his employment with the Transport Canberra and City Services Directorate, where he was responsible for managing irrigation systems. The dispute centred on whether Mr Napper's ailment was contributed to, to a significant degree, by his employment, and whether it arose from reasonable administrative action taken in a reasonable manner.

The Tribunal was required to determine if Mr Napper suffered from an ailment as defined by the Safety Rehabilitation and Compensation Act 1988. It also had to assess whether his employment contributed to this ailment to a significant degree, considering the legislative history of "significant degree" and "material degree." Furthermore, the Tribunal needed to ascertain if the ailment was a result of reasonable administrative action taken in a reasonable manner, particularly in relation to events on or about 3 March 2016.

The Tribunal accepted that Mr Napper suffered from a genetic predisposition to schizoaffective disorder, which had manifested in previous stress-related episodes. It found that while Mr Napper may have exaggerated the extent of his responsibilities, he was a conscientious employee experiencing substantial stress due to dry weather conditions and ongoing issues with the irrigation system in Northbourne Avenue, exacerbated by light rail construction. The Tribunal concluded that the events of 3 March 2016, including being told to go home and see a doctor, constituted reasonable administrative action and did not contribute to his disorder, as he was already suffering from it. The Tribunal was satisfied that the work stressors were a significant factor in his presentation.

The Tribunal set aside the Comcare decision and found that Mr Napper suffered an ailment that was contributed to, to a significant degree, by his employment.