Shakespeare and Comcare (Compensation)

This matter concerned an appeal by Ms Shakespeare against a decision by Comcare to deny her compensation for a psychological injury. Ms Shakespeare claimed that a series of incidents at the Bega and Tuggerah Centrelink offices, including threats of violence from customers and alleged bullying by managers, caused her to suffer anxiety, depression, and post-traumatic stress disorder. The Deputy President was required to determine whether Ms Shakespeare had suffered an "ailment" or an "aggravation of an ailment" within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), and if so, whether that ailment or aggravation was contributed to, to a significant degree, by her employment.

The court considered the definition of "injury" and "disease" under the Act. An "injury" includes a mental injury arising out of or in the course of employment, but excludes a disease or injury suffered as a result of reasonable administrative action taken in a reasonable manner. A "disease" is defined as an ailment or its aggravation that was contributed to, to a significant degree, by employment. The court noted that "significant degree" means a degree that is substantially more than material.

The Deputy President found that it was unnecessary to consider the provisions of sections 7 and 53 of the Act, as the reviewable decision would be affirmed. This indicates that the primary determination regarding the existence of a compensable injury under the Act was not met. Consequently, Comcare's earlier decision to deny liability to compensate Ms Shakespeare for her claimed injury was upheld.