Voss and Comcare (Compensation)

The Administrative Appeals Tribunal reviewed a decision by Comcare to revoke a previous determination and deny compensation to the applicant for a major depressive disorder. The applicant, a regional manager for the Department of Defence, claimed his condition arose from being informed of a relocation of his position from Brisbane to Canberra, contrary to assurances he believed he had received. The applicant lodged a claim for workers' compensation, nominating 19 July 2013 as the date of injury, which was also the date he was informed of the relocation.

The central legal issue before the Tribunal was whether the applicant's major depressive disorder constituted an "injury" under section 5A(1) of the *Safety, Rehabilitation and Compensation Act 1988* (the Act). Specifically, the Tribunal had to determine if the injury arose out of, or in the course of, the applicant's employment and, crucially, whether it was suffered as a result of reasonable administrative action taken in a reasonable manner. The Act defines "injury" to exclude diseases or injuries resulting from such actions, and further clarifies that reasonable administrative actions include appraisals, counselling, suspensions, disciplinary actions, and matters related to promotions or transfers.

Deputy President McDermott P found that the applicant's major depressive disorder was an injury under section 5A(1) of the Act. The Tribunal relied on medical evidence indicating that the meeting on 19 July 2013 was the date of the applicant's first impairment. The Tribunal concluded that the administrative action of relocating the applicant's position was not taken in a reasonable manner, and therefore, the exclusion in section 5A(1) did not apply. Consequently, the applicant was entitled to compensation.

The Tribunal set aside Comcare's decision of 24 July 2014 and substituted a decision that the applicant is entitled to compensation under section 14 of the Act for his major depressive disorder. For the purposes of section 7(4) of the Act, the applicant was deemed to have sustained his injury on 19 July 2013.