Petersen and Comcare (Compensation)

This matter concerned an application by the applicant, an employee of the Australian Communications and Media Authority (ACMA), for compensation under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for a psychological injury. The applicant alleged that his condition arose from perceptions of overworking and bullying by a colleague, Holly Buckle. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant suffered a psychological condition, whether his employment contributed to it to a significant degree, and whether the condition resulted from reasonable administrative action taken in a reasonable manner.

The Tribunal considered the evidence presented, including that of the applicant, medical professionals, and ACMA officers. A key factual finding was that while the applicant perceived Buckle's conduct as overbearing or bullying, the Tribunal was not satisfied that her actions constituted bullying in the legal sense, as there were no repeated instances of unreasonable behaviour. However, the Tribunal found that the applicant's perception of Buckle being against him, particularly in relation to the Mirabella Investigation and the Power Line Interference (PLI) Project, had adverse effects on him. The Tribunal preferred the applicant's evidence where it conflicted with other witnesses.

Ultimately, the Tribunal concluded that an email sent by Buckle to the applicant on 23 May 2018 did not constitute reasonable administrative action taken in a reasonable manner. Consequently, the Tribunal set aside the original decision and substituted a new decision. This new decision recognised that the applicant suffered incapacity and impairment as a result of a major depressive disorder with anxiety and panic disorder, to which his employment with ACMA contributed to a significant degree, entitling him to compensation under section 14 of the Act. The respondent was also ordered to pay the applicant's costs.