WNBR and Comcare (Compensation)

The applicant, WNBR, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning a claim for workers' compensation against Comcare. The dispute centred on whether WNBR's pre-existing bipolar affective disorder and post-traumatic stress disorder were aggravated by their employment, specifically through a return to work process. The matter came before Deputy President B W Rayment OAM QC.

The court was required to determine whether the applicant's pre-existing mental health conditions were aggravated out of or in the course of employment, and whether such aggravation satisfied the criteria under sections 5A and 5B of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). Specifically, the court considered whether the return to work process constituted part of the applicant's employment and whether any aggravation arising from it qualified for compensation under the Act, including whether the return to work process was an administrative action.

The Deputy President found that the applicant failed to satisfy the test under section 5B of the Act. This section generally requires that an injury be suffered by an employee in the course of their employment and that the employment contributed to the injury to a significant degree. The reasoning implies that the aggravation of the applicant's pre-existing conditions, as it related to the return to work process, did not meet the statutory threshold for compensation.

Consequently, the Deputy President affirmed the reviewable decision of the AAT.