Rohani and Comcare (Compensation)

This matter concerned two applications before the Administrative Appeals Tribunal, brought by Mr Rohani against Comcare. The dispute centred on Mr Rohani's claim for compensation for a major depressive disorder with associated panic disorder, which he alleged was contributed to by his employment as a Farsi interpreter on Nauru. Comcare had accepted that Mr Rohani suffered from the condition and that it was contributed to by his employment, but disputed that the condition resulted from reasonable administrative action taken in a reasonable manner, and also disputed the permanency of any impairment.

The Tribunal was required to determine two primary issues. First, whether Mr Rohani's condition resulted from reasonable administrative action taken in a reasonable manner in respect of his employment, and without which the condition would not have been suffered. Second, whether any impairment suffered by Mr Rohani was permanent, and if so, to what degree, for the purposes of sections 24 and 27 of the relevant Act.

The Tribunal found that Mr Rohani's deployment to Nauru, and the subsequent decision to prematurely end his deployment on 12 January 2018, constituted reasonable administrative action taken in a reasonable manner. This conclusion was based on evidence that the Department of Home Affairs frequently reviewed interpreter resourcing requirements on Nauru due to fluctuating operational demands and accommodation pressures. The decision to reduce interpreter numbers was supported by an analysis of job requests and was made considering factors such as length of deployment, language ability, and gender balance, consistent with the terms of Mr Rohani's Deed of Standing Offer and the Interpreter Deployment Brief. The Tribunal was satisfied that there was a reasonable basis for the decision to alter the deployment schedule, and that the applicant was aware of the possibility of such changes.

The Tribunal affirmed the decision of Comcare.