O'Callaghan and Comcare (Compensation)

This matter concerned an appeal by Mr O'Callaghan against a decision of the Administrative Appeals Tribunal (AAT) which had affirmed a determination by Comcare to reject Mr O'Callaghan's claim for compensation. Mr O'Callaghan sought compensation for a psychological injury allegedly sustained during his employment with the Australian Federal Police.

The primary legal issue before the Tribunal was whether Mr O'Callaghan's psychological injury was suffered in the course of his employment, as required by the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the SRC Act). Specifically, the Tribunal had to consider whether the events relied upon by Mr O'Callaghan constituted "reasonable administrative action taken in a reasonable manner" in relation to his employment, which would exclude compensation under section 5B(1)(b) of the SRC Act.

The Tribunal found that while Mr O'Callaghan had suffered a psychological injury, it was not compensable under the SRC Act because it arose from reasonable administrative action taken in a reasonable manner. The Tribunal considered the evidence regarding the performance management process Mr O'Callaghan underwent and concluded that the actions taken by his employer were reasonable and conducted in a reasonable manner. Therefore, the exclusion in section 5B(1)(b) applied, and the claim was not compensable.

The Tribunal affirmed Comcare's decision to reject the claim.