Tanks v WorkCover Queensland B45/2002

The High Court of Australia considered an appeal by Mr Tanks against a decision of the Queensland Court of Appeal, which had affirmed a decision of the Industrial Relations Commission of Queensland. The dispute concerned Mr Tanks' entitlement to workers' compensation benefits under the *Workers' Compensation Act 1990* (Qld) for a psychiatric injury he alleged arose out of or in the course of his employment with the Queensland Department of Transport. WorkCover Queensland had denied his claim.

The central legal issue before the High Court was whether Mr Tanks' psychiatric injury was a "personal injury" within the meaning of the *Workers' Compensation Act 1990* (Qld), given that the injury was not accompanied by any physical injury. Specifically, the Court had to determine if the Act contemplated and compensated for purely psychiatric harm arising from employment.

The High Court, by majority, held that a psychiatric disorder, even in the absence of physical injury, constituted a "personal injury" for the purposes of the *Workers' Compensation Act 1990* (Qld). The Court reasoned that the term "personal injury" in the context of workers' compensation legislation is broad and encompasses both physical and psychiatric harm. They found that the legislative intent was to provide compensation for all injuries sustained in the course of employment, regardless of their physical or psychological nature. The appeal was allowed.