Upston and Comcare (Compensation)

This matter concerned an appeal by Mr. Upston against a decision by Comcare. Mr. Upston sought compensation for an ailment, specifically left knee osteoarthritis, which he alleged arose out of or in the course of his employment with the Australian Federal Police (AFP) and the ACT Police. The Administrative Appeals Tribunal was tasked with determining whether Mr. Upston's condition constituted an "injury" for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act).

The Tribunal was required to consider whether Mr. Upston's left knee osteoarthritis met the definition of an "injury" as defined by the SRC Act. This involved assessing the nature of his employment, particularly his involvement in a Response Team Members Course and his attendance in Melbourne for the Commonwealth Heads of Government Meeting (CHOGM) in 1981, and whether these activities, or his employment generally, caused or contributed to his condition to the extent that it qualified as an injury under the Act. The Tribunal also had to determine the factual basis for Mr. Upston's claims regarding his activities and postings.

The Tribunal acknowledged its ability to inform itself of any matter in any manner it sees fit, without being strictly bound by the rules of evidence. However, it emphasised that factual matters must be decided on the basis of relevant and logically probative material. After reviewing the evidence, including Mr. Upston's own account of his training and activities, and noting that Comcare accepted his presence in Melbourne in September 1981, the Tribunal concluded that Mr. Upston's left knee osteoarthritis did not meet the threshold for an "injury" under the SRC Act.

The decision under review was affirmed.