O'Brien and Australian Offshore Solutions Pty Ltd (Compensation)

This matter concerned an application by Mr O’Brien against Australian Offshore Solutions Pty Ltd (AOS) for compensation under the *Seafarers Rehabilitation and Compensation Act 1992* (Cth) (the Act). Mr O’Brien claimed that his Bipolar Affective Disorder was contributed to in a material degree by his employment as an Integrated Rating on the vessel "Sea Surfer". AOS had previously determined that Mr O’Brien's condition was not materially contributed to by his employment and declined his claim.

The court was required to determine whether Mr O’Brien’s Bipolar Affective Disorder, or an aggravation of that ailment, was contributed to in a material degree by his employment with AOS. This involved considering the meaning of "ailment", "aggravation", "contributed to", and "in a material degree" within the context of the Act. The court also considered allegations that Mr O’Brien was bullied by the Captain of the vessel during his employment.

The court found that AOS’s defence under s 10(7) of the Act, which alleged Mr O’Brien made a false representation regarding his pre-existing medical history, must fail. This was based on unchallenged medical evidence indicating Mr O’Brien had impaired memory following ECT treatment in 2007, meaning he could not have knowingly provided false answers on his pre-employment questionnaire. Consequently, the court set aside AOS's reconsideration determination.

The court ordered that AOS was liable to pay Mr O’Brien compensation under s 26 of the Act for a psychological injury, Bipolar Affective Disorder, sustained during his employment on the "Sea Surfer" between 15 February 2015 and 15 March 2015.