Rooney and Comcare (Compensation)

This matter concerned an application for review by Ms Rooney against a decision by Comcare affirming its determination that it was not liable to pay compensation to Ms Rooney. The dispute centred on whether Ms Rooney's condition constituted a "disease" for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), and specifically whether her employment contributed to her condition to a significant degree. The review was heard by Dr James Popple, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Ms Rooney's condition qualified as an "injury" under the *SRC Act*, which required establishing that it was a "disease" and that her employment contributed to it to a significant degree, pursuant to section 5B of the Act. This involved assessing whether Ms Rooney exhibited symptoms of a viral illness during or after her military deployment, whether her subsequent hospitalisation was related to such an illness contracted during deployment, and the extent to which her employment played a significant role in her condition.

The Tribunal considered agreed facts regarding Ms Rooney's deployment and subsequent medical consultations. While Comcare argued Ms Rooney did not exhibit viral symptoms before 19 August 2013, the Tribunal found it unnecessary to make definitive findings on this disputed evidence. Instead, the Tribunal focused on the medical evidence presented by Professor Gatenby and Professor Rawlinson. Professor Gatenby opined that Ms Rooney suffered from post-infectious fatigue syndrome following a viral or aseptic meningitis episode linked to her work. Professor Rawlinson, while noting diagnostic uncertainty, considered a non-specific viral illness most likely, and accepted the diagnosis of chronic fatigue syndrome. Crucially, Professor Rawlinson noted that certain viral infections, like enteroviruses which are transmitted via faecal-oral routes, could pose an increased risk during the described exercise conditions, potentially linking the illness to employment.

The Tribunal concluded that Ms Rooney suffered from a viral illness on and after 19 August 2013, and subsequently developed chronic fatigue syndrome. While a precise diagnosis was not deemed essential for determining liability, the Tribunal found that the conditions of her deployment, particularly the lack of sanitation facilities, increased the risk of contracting certain viral infections, such as enteroviruses. This increased risk, in the Tribunal's view, meant that her employment contributed to her condition to a significant degree, satisfying the requirements of section 5B of the *SRC Act*. Consequently, Comcare was found liable to pay compensation to Ms Rooney.