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" as defined by 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 the amount Dr Elias could have earned in suitable employment during that period.

The legal questions before the Tribunal were: (a) whether Dr Elias suffered from a "disease" within the meaning of 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; (b) if so, whether he was incapacitated for work as a result of that disease during the same period; and (c) if incapacitated, what amount he was able to earn in suitable employment during that period, pursuant to 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 employed by the Department since 2018, claimed his stressful job, involving contract negotiations and concerns about public money, contributed to his psychological condition, including anxiety, depression, and alcohol use disorder. He provided evidence of long working hours and significant stress related to his role. However, the Tribunal also considered his past psychiatric history and the reliability of his evidence, noting the potential for false or misleading statements.

Ultimately, the Tribunal set aside the decision under review and substituted a new decision. It found that Dr Elias did not suffer from a disease, as defined by section 5B of the SRC Act, during the period from 10 November 2022 to 7 December 2022. The Tribunal indicated it would receive submissions on costs from the parties.