Snook and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision by Comcare that denied liability to pay compensation under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). The applicant claimed compensation for "depression / anxiety / work related stress," alleging a psychological injury. Comcare admitted that the applicant suffered an adjustment disorder that developed into a major depressive episode, and that this condition was significantly contributed to by his employment with the Australian Federal Police (AFP). The central dispute was whether the applicant's psychological condition was a result of reasonable administrative action taken in a reasonable manner, which would exclude Comcare's liability.

The AAT was required to determine whether the applicant suffered a psychological injury within the meaning of the SRC Act, and if so, whether that injury was contributed to, to a significant degree, by his employment. Crucially, the Tribunal had to consider whether liability was excluded under section 5A(1) of the SRC Act, which provides that an injury does not include a disease or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment. The Tribunal also had to consider the specific actions that may have caused the injury, such as being stood down from duty or not being returned to work when certified fit.

The Tribunal found, based on the evidence of medical experts, that the applicant had suffered a psychological condition. While Comcare admitted the condition was significantly contributed to by the applicant's employment, the Tribunal ultimately found that the applicant's psychological condition was the result of reasonable administrative action taken in a reasonable manner. This conclusion was reached even if the condition arose from the applicant not being returned to work, as the Tribunal found those actions also constituted reasonable administrative action taken in a reasonable manner. Therefore, the exclusion of liability under section 5A(1) of the SRC Act was applied.

Consequently, the AAT affirmed the decision of 23 April 2020, which affirmed an earlier determination of 14 February 2020, denying Comcare's liability to pay compensation under section 14 of the SRC Act.