Tomich and Comcare (Compensation)

This matter concerned an appeal by Ms Tomich against a decision by Comcare to deny compensation for a psychological condition. The dispute centred on whether the condition was caused by reasonable administrative action taken in a reasonable manner in respect of her employment, as defined by section 5A of the relevant legislation. The case was heard by Deputy Gary Humphries P.

The primary legal issues before the Tribunal were whether Ms Tomich's psychological condition was caused by administrative action taken in respect of her employment, and if so, whether that administrative action was reasonable and taken in a reasonable manner. The Tribunal was required to consider the objective reasonableness of the employer's actions, rather than Ms Tomich's subjective perception of them, and to determine if the events constituted a "new condition" or an "aggravation" of an underlying condition.

The Tribunal reasoned that the events of August 2015, specifically an email sent by Ms Woolley regarding leave application procedures, constituted administrative action in respect of Ms Tomich's employment. While acknowledging that Ms Tomich may have technically followed procedures regarding leave, the Tribunal focused on the reasonableness of Ms Woolley's actions. Preferring Ms Woolley's evidence where it diverged from Ms Tomich's, the Tribunal found that the administrative action taken was reasonable and was taken in a reasonable manner. The Tribunal also determined that evidence relating to the return-to-work process, which occurred after the date of injury and focused on Ms Woolley's alleged personal hostility, had low probative value as it did not relate to the reasonableness of the administrative action at the time of the injury.

Consequently, the Tribunal affirmed Comcare's decision, finding that Ms Tomich's work-related psychological injury was caused by reasonable administrative action taken in a reasonable way in respect of her employment, and therefore her claim for compensation could not succeed.