O'Connor and Comcare

[2005] AATA 469

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 469

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/750

GENERAL ADMINISTRATIVE DIVISION		)
Re		DAVID O'CONNOR

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr SC Fisher, Member

Date25 May 2005

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

...................[Sgd].......................

SC Fisher
  Member

CATCHWORDS

COMPENSATION – Injury – unspecified adjustment disorder – applicant suffers from a diagnosed injury or disease – uncontradicted medical evidence – applicant claims injury arose out of stress due to the mismanaged salary packaging of a motor vehicle – methods of remuneration too remote from the conditions under which an employee does his or her work – injury sustained did not arise out of the course of employment – applicant also falls into ‘benefit’ exception – salary packaging is a method of remuneration that gives tax-effective benefits to employees – decision under review affirmed.

Safety, Rehabilitation and Compensation Act 1988 ss 4,6,7,14
Workers' Compensation Act 1926 -- 1960 (NSW)
Compensation (Commonwealth Government Employees) Act 1971

Secretary, Department of Social Security v Murphy Federal Court, 29 June 1998, 908/98; (1998) 52 ALD
Ajka Pty Ltd v Australian Fisheries Management Authority [2003] FCA 248; (2003) 74 ALD 21
Bantick and Secretary, Department of Family and Community Services [2003] AATA 472
Bramwell v Repatriation Commission (1998) 51 ALD 56
Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598; (1981) 4 ALD 198
Kunz v FCT (1996) 41 ALD 533
Pochi and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33
Comcare v Mooi (1996) 69 FCR 439; (1996) 42 ALD 495
Federal Broom Company Pty Ltd v Semlitch (1964) 110 CLR 626
Westgate v Australian Telecommunications Commission (1987) 17 FCR 235; (1987) 14 ALD 367
Treloar v Australian Telecommunications Commission (1990) 97 ALR 321; (1990) 26 FCR 316
Hawkins v Comcare [2001] FCA 726
Wiegand  v Comcare [2002] FCA 1464; (2002) 72 ALD 795
Trewin v Comcare (1998) 84 FCR 171
Robertson and Comcare [2002] AATA 96; (2002) 67 ALD 160
Comcare v Nichols [1999] FCA 209
Lees v Comcare (1999) 29 AAR 350; (1999) 56 ALD 84,

MacArthur and Comcare [2003] AATA 1139

National Mutual Life Association of Australasia Ltd v Campbell [2000] FCA 852
Williams v Muller [2003] FCA 1190
Suters v Australian Postal Corporation (1992) 28 ALD 320
TSC Industries Inc v Northway Inc 426 US 438
Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383
Nader v Urban Transit Authority (New South Wales) (1985) 2 NSWLR 501
Golds v Comcare [1999] FCA 1481

Telstra Corporation Limited v Treloar [2000] FCA 1170

REASONS FOR DECISION

25 May 2005 Mr SC Fisher, Member

Introduction and Background

1.      Mr David James Cecil O'Connor (the Applicant) is an employee of the Australian Taxation Office. By a compensation claim form dated 6 February 2003, the applicant claimed compensation from Comcare (the Respondent) in respect of "depression aggravated by unresolved financial dispute at work".  The applicant said…