Nguyen and Comcare (Compensation)

This matter concerned an appeal by Mr. Nguyen against a decision by Comcare. The dispute centred on whether Mr. Nguyen's claimed psychological condition, allegedly arising from bullying and mismanagement, was compensable under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The decision was made by Deputy President Bernard J McCabe of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the actions complained of by Mr. Nguyen constituted "reasonable administrative action taken in a reasonable manner" within the meaning of section 5A of the SRC Act. This section operates as an exclusion to compensation for certain conditions. The Tribunal was required to determine if the performance review undertaken by Mr. Barton, which Mr. Nguyen alleged was the source of his distress, was reasonable in its conception and execution.

Deputy President McCabe found that the performance review conducted by Mr. Barton was reasonable in both its conception and execution. While acknowledging that the review had a significant and detrimental impact on Mr. Nguyen's health, causing both corrosive effects during its progression and catastrophic effects upon the communication of its findings, the Tribunal concluded that this impact did not negate the reasonableness of the administrative action itself. Consequently, the exclusion under section 5A of the SRC Act was found to apply.

The Tribunal affirmed the reviewable decision.