Secretary, Department of Home Affairs and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered a dispute between the Secretary, Department of Home Affairs, and Comcare concerning a workers' compensation claim made by Dr Elias. The central issue was whether Dr Elias suffered from a "disease" within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) during a specific period, and if so, whether he was incapacitated for work as a result of that disease. The Tribunal also had to determine Dr Elias's earning capacity in suitable employment during that period.

The legal issues before the Tribunal were threefold: first, whether Dr Elias suffered from a "disease" as defined by section 5B of the SRC Act between 10 November 2022 and 7 December 2022, specifically whether his previously accepted condition retained the characteristic of being contributed to to a significant degree by his employment; second, if he did suffer from such a disease, whether he was incapacitated for work as a result of it during the specified period; and third, if incapacitated, what amount he was able to earn in suitable employment during that time, in accordance with section 19 of the SRC Act.

The Tribunal's reasoning focused on the definition of "disease" under section 5B of the SRC Act, which requires a significant degree of contribution from employment. Dr Elias, a 57-year-old employee of the Department, had a history of psychological conditions, including anxiety and depression, which he attributed to his stressful role involving contract negotiations and concerns about public money. He had also reported increased alcohol consumption and disturbed sleep. However, the Tribunal considered the reliability of his evidence and the relevance of his past psychiatric and family history. Ultimately, the Tribunal set aside the decision under review.

The Tribunal ordered that the decision under review be set aside and substituted with a decision that Dr Elias did not suffer from a disease, as defined by section 5B of the SRC Act, in the period from 10 November 2022 to 7 December 2022. The parties were to make submissions regarding costs.