State of Queensland (Department of Agriculture and Fisheries) v Workers' Compensation Regulator

Case [2025] QIRC 166


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

State of Queensland (Department of Agriculture and Fisheries) v Workers' Compensation Regulator [2025] QIRC 166

PARTIES:

State of Queensland (Department of Agriculture and Fisheries)
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NO:

WC/2022/32

PROCEEDING:

Appeal against a   decision of the Workers' Compensation Regulator

DELIVERED ON:

27 June 2025

HEARING DATE: 

4 – 10 April 2024

10 July 2024 (Respondent's Closing Submissions)
10 October 2024 (Appellant's Closing Submissions)

19 November 2024 (Respondent's Closing Submissions in reply)
6 December 2024 (Appellant's Closing Submissions in reply)

MEMBER:

HEARD AT:

Pidgeon IC

Brisbane

ORDERS:

1.      The Appeal is dismissed.

2.      Failing agreement between the parties, a decision on costs will be subject of a further application to the Commission.

CATCHWORDS:

WORKERS' COMPENSATION – ENTITLEMENT TO COMPENSATION – appeal against review decision of respondent – where appellant is the Department in which the injured worker previously worked – where the worker suffered a psychiatric or psychological injury – whether the worker's psychiatric or psychological injury arose out of or in the course of the worker's employment – whether employment was a significant contributing factor to the worker's psychiatric or psychological injury – whether the injury arose in or out of the course of reasonable management action taken in a reasonable way – where work-related stressors were a significant contributing factor or factors to the worker's injury – appeal dismissed

LEGISLATION:

Workers' Compensation and Rehabilitation Act 2003 s 9, 11, 32, 141

CASES:

Allen v Workers’ Compensation Regulator [2018] QIRC 41

Allwood v Workers' Compensation Regulator [2017] QIRC 088

Anglo Coal (Capcoal Management) Pty Ltd v Workers' Compensation Regulator [2017] QIRC 103

Blackwood v Toward [2015] ICQ 008

Church v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 031

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

De Alwis v Simon Blackwood (Workers' Compensation Regulator) [2016] ICQ 8

Deshong v Workers' Compensation Regulator [2021] QIRC 205

Dickenson v Workers' Compensation Regulator [2019] QIRC 68

Edmunds v Workers' Compensation Regulator [2022] QIRC 285

Gilmour v Workers' Compensation Regulator [2019] QIRC 022

Granato v Workers Compensation Regulator [2024] QIRC 162

Myer Holdings Ltd AND Q-COMP (WC/2013/118) – Decision

O'Neil v Workers' Compensation Regulator [2022] QIRC 310

Qantas Airways Limited v Q-COMP (2006) 181 QGIG 301

Q-Comp v Rowe [2009] ICQ 32

Read v Workers' Compensation Regulator [2017] QIRC 072

Robinson v Workers' Compensation Regulator [2016] ICQ

Sheridan v Q-COMP [2009] ICQ 33

SSX Services Pty Ltd v Workers’ Compensation Regulator [2016] QIRC 62

State of Queensland (acting through Department of Communities, Child Safety and Disability Services) AND Q-COMP and Mrs B (C/2013/2) – Decision

State of Queensland (Department of Agriculture and Fisheries) v Workers' Compensation Regulator [2024] QIRC 53

State of Queensland (Department of Communities Disability Services) AND Q-COMP and Mrs B (WC/2011/247) – Decision

State of Queensland (Queensland Health) v Q-COMP and Beverley Coyne (2003) 172 QGIG 1447

Toodayan and Toodayan v Metro South Hospital and Health Service & Others [2023] QIRC 036

Tuesley v Workers' Compensation Regulator [2021] QIRC 71

Verhagen…

Details
AGLC
State of Queensland (Department of Agriculture and Fisheries) v Workers' Compensation Regulator [2025] QIRC 166
Case
[2025] QIRC 166
Decision Date

CaseChat Overview and Summary

The State of Queensland (Department of Agriculture and Fisheries) filed an appeal against a decision by the Workers' Compensation Regulator, contesting the entitlement of Ms. Sharon Fullerton, a former employee, to workers' compensation. The primary issue before the court was whether Ms. Fullerton's psychiatric injury arose out of or in the course of her employment and if her employment was a significant contributing factor to her injury. The court had to determine if the injury was caused by reasonable management actions taken in a reasonable way or if work-related stressors were significant contributing factors.

The court's analysis focused on the 'two masters' issue, which highlighted the conflicting expectations between the Queensland Government and the national Steering Committee. The court found that this issue was a persistent feature of Ms. Fullerton's employment and significantly impacted her ability to perform her duties. Despite the appellant's argument that Ms. Fullerton was aware of her reporting structure, the court accepted that the 'two masters' stressor was real and not imagined, thus excluding Factor 1 under the relevant legislation. The court concluded that the injury arose out of or in the course of her employment and that the employment was a significant contributing factor to her psychiatric injury.

The appeal was dismissed, and the decision of the Workers' Compensation Regulator was upheld. The court did not make any specific orders regarding costs, stating that the matter would be subject to a further application if the parties could not agree on costs.

Orders

Orders of the court

1. The Appeal is dismissed.

2. Failing agreement between the parties, a decision on costs will be subject of a further application to the Commission.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

The first email is from the then general manager Mr John Jordan and was sent to Ms Morgan and Dr Wendy Craik (Chair of the Steering Committee), among others, and related to the published 10-year eradication plan. Several issues were raised in that email. In the interests of brevity, I have adopted the summary of this material set out in the Respondent's submissions (including the Respondent's emphasis):[120](a) Branding and letterhead for the program: Mr Jordan wondered whether as this is a national agenda, it arguably should be branded as such, rather than the Queensland Government?Ms Morgan informed that it had been discussed in the past and the conclusion was that branding is accurate for a nationally funded program that is administered by a particular state i.e. for publications such as the 10 year plan, National Program is branded at the top, and Queensland Gov crest signified at the bottom right hand corner (as Qld is the combat state administering the effort).The branding and independence scenario has also been discussed previously for the web space as detailed in a paper that was submitted to the Steering Committee at the first meeting. The Steering Committee agreed with the recommendation to leave the web space as is, as the most practical and efficient course of action. See Paper attached for your review. (b) Protocol and pathway for the SC to release media, communique etc. – I imagine this will be via the secretariat following approval of the Chair?Ms Morgan answered that the media release scenarios is very much a new process that sits outside of the department or Ministerial media protocols. As the aim for a media release is to be an independent, impartial message and from the Steering Committee, I would suggest FYI to Mins Office (so not held up in process and also no surprises their end) and released by the Chair, rather than secretariat (who is DAF personnel) – a generic email account for the steering committee would be an effective tool for this process and possibly other communication needs. The department's media team could support with supply of media outlet contacts to send to. The media contact would also be the Chair (or other nominated committee spokesperson in this circumstance. A further email within that chain of emails shows that by 12 December 2018, the matter of media releases and the capacity of the steering committee to issue these independent of the Queensland program was still under discussion.[121] I again adopt the Respondent's summary of the content of an email where Ms Morgan provided more background on previous discussions:[122]In my experience, there are two ways to progress a media release in this new scenario:1. Via the department which would be subject to department media protocol (i.e. issued by the media team) and Ministerial comment;2. Via the Steering Committee independently – if the media release is to be an independent, impartial message from the Steering Committee, it is suggested to be issued by the Chair, rather than secretariat being DAF personnel with a DAF email address. A generic email account for the Steering Committee would be an ideal tool for this process, and for other communication needs. The department's media team could support this process with supply of media outlet contacts to send to. It is suggested the media contact would also be the Chair (or other nominated steering committee spokesperson) in this circumstance.

Ratio Decidendi

Legal Principle Established

With regard to the Appellant's submission that Ms Fullerton's injury arose out of her expectation or perception of the reasonable management action being taken against her, the Respondent says that the operation of s 32(5)(b) requires identification of management action being taken 'against' the interests of Ms Fullerton.Consideration regarding Factor 1: Low role clarity The evidence clearly demonstrates that the 'two masters' issue existed and was a persistent feature of Ms Fullerton's employment with the Appellant. There is no evidence before the Commission that the 'two masters' issue was initiated by Ms Fullerton, or that these were personal views she held. It is apparent to me that the 'two masters' issue impacted Ms Fullerton's ability to do her work. It existed before she took up her role and continued to be an issue throughout the time she worked in the position. I do not accept any submission that Ms Fullerton was unable or unwilling to work within the confines of the Department's or Government's policies and procedures. It seems that Ms Fullerton was attempting to find a way to address the issues and concerns of Dr Craik and the Steering Committee while also working within the GACC approval process. While the Appellant argues that Ms Fullerton was aware that she was employed by the Queensland Government and reported to Mr Dudgeon with the knowledge that Dr Wendy Craik had no line management of her or capacity to direct her, I readily accept that her experience in the role was more nuanced than that. Ms Fullerton's role required her to interact with many stakeholders, perhaps none more so than the Steering Committee and its chair, Dr Wendy Craik. Dr Craik's preferences, frustrations and expectations were communicated to Ms Fullerton and there were clear tensions regarding branding and communication in circumstances where the Steering Committee represented parties contributing 90% of the funding for RIFA. While it is not unusual for there to be national cooperation regarding biosecurity issues, the evidence demonstrates that the RIFA program was unprecedented in its size and scale. It is the case that a worker may find themselves in a complex context which gives rise to stress, even when the key individuals involved are not their direct line managers or ultimate decision-makers. I do not accept the Appellant's submission that the 'two masters' issue was something experienced only by Ms Fullerton or that she had created the issue where no such tension existed. The 'two masters' stressor was real and not imagined.[163] The tensions between the Steering Committee and the RIFA program existed prior to Ms Fullerton's appointment to the role. It is immaterial whether anyone else employed in the program was concerned about how to deal with the competing expectations or desires of the Steering Committee, the RIFA and the Minister's office. The test is not comparative. Ms Fullerton's role was directly impacted by these matters, and it is enough that she found dealing with the tension stressful. Factor 1 is not excluded by 'management action'