Smith and Comcare (Compensation)

This matter concerned an appeal by Ms Smith against a decision by Comcare to revoke its previous acceptance of liability for a mild depressive disorder and reject liability for an injury. The dispute centred on whether Ms Smith sustained an injury, specifically a psychiatric condition, that was significantly contributed to by her employment with the Department of Agriculture and Water Resources. The case was heard by Mrs J C Kelly, Senior Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Ms Smith suffered an injury within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), and if so, whether that injury was significantly contributed to by her employment. A further issue was whether liability was excluded by section 5A of the Act. The Tribunal was required to consider Ms Smith's employment history, her medical history, including a pre-existing autoimmune condition, and the various clinical opinions provided by medical experts regarding her psychiatric condition and its relationship to her employment.

The Tribunal's reasoning focused on the timing of the onset of Ms Smith's symptoms and the contribution of her employment. It noted that Ms Smith did not consult a psychologist or psychiatrist until 2013, six years after she claimed her condition began. The Tribunal found that the first recorded symptoms of anxiety and depression occurred on 3 April 2007, shortly after the death of her grandfather and in close temporal proximity to the onset of her autoimmune disorder in October 2006. The Tribunal concluded that these symptoms arose in the context of the autoimmune disorder, and that contemporaneous evidence did not support a finding that her employment significantly contributed to her psychiatric condition.

The Tribunal affirmed the reviewable decision.