Woodroofe and Comcare (Compensation) [2024] AATA 3611 (9 October 2024)
Division:GENERAL DIVISION
File Number(s): 2022/8188 & 2023/0164
Re:Randall Woodroofe
APPLICANT
AndComcare
RESPONDENT
DECISION
Tribunal:Member W Frost
Date:9 October 2024
Place:Canberra
The Tribunal affirms the decisions under review pursuant to subsection 43(1)(a) of the Administrative Appeals Tribunal Act 1975.
..................[SGD]........................................
Member W Frost
Catchwords
WORKERS’ COMPENSATION – section 14 of the Safety, Rehabilitation and Compensation Act 1988 – definition of ‘injury’ under subsection 5A(1) SRC Act – definition of ‘disease’ under subsection 5B(1) – disease suffered by an employee – disease suffered as a result of ‘reasonable administrative action taken in a reasonable matter’ – no liability to pay compensation under section 14 of SRC Act
Legislation
Administrative Appeals Tribunal Act 1975, ss 37, 43
Safety, Rehabilitation and Compensation Act 1988, ss 4, 5A, 5B, 14Cases
Beasley and Comcare [2012] AATA 411
Comcare v Drinkwater [2018] FCAFC 62
Comcare v Martinez (No 2) (2013) 212 FCR 272Comcare v Power (2015) 238 FCR 187
Commonwealth Bank of Australia v Reeve [2012] FCAFC 21
Radulovic and Comcare (2010) AATA 777
Martin and Comcare [2024] AATA 3113
Moradi v Comcare [2024] FCA 812
Thappa and Comcare [2013] AATA 629Wilson and Comcare [2010] AATA 396.
REASONS FOR DECISION
Member W Frost
9 October 2024
INTRODUCTION
The Applicant, Mr Randall Woodroofe, applied to the Administrative Appeals Tribunal (Tribunal) for review of two decisions made by the Respondent, Comcare, declining liability to pay him compensation under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) in respect of mental health conditions.[1]
[1] Exhibit 1, pages 1-5 and Exhibit 2, pages 1-5.
The Tribunal has considered all documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (AAT Act) and the additional documents taken into evidence in these proceedings, together with the parties’ submissions.[2] For the following reasons, the Tribunal affirms the decisions under review. This means that Mr Woodroofe’s applications to the Tribunal are unsuccessful and Comcare is not liable to pay him compensation under the SRC Act.
[2] Exhibits 1 to 10.
ISSUES
The Tribunal had to determine the following issues in these proceedings:
(a)whether Mr Woodroofe suffered from an ‘ailment’ or an ‘aggravation of such an ailment’, as defined by subsection 5B(1) of the SRC Act;
(b)if so, whether Mr Woodroofe’s ‘ailment’ was ‘contributed to, to a significant degree’, by his employment with the AFP, as required by subsection 5B(1) of the SRC Act in order to constitute a ‘disease’;
(c)if so, whether Mr Woodroofe’s ‘disease’ was suffered as a result of ‘reasonable administrative action taken in a reasonable manner’ in respect of his employment and therefore not an ‘injury’ under subsection 5A(1) of the SRC Act; and
(d)whether Comcare is liable to pay compensation to Mr Woodroofe for an ‘injury’ pursuant to section 14 of the SRC Act.
BACKGROUND
Mr Woodroofe is 56 years old.[3]
[3] Exhibit 1, page 2.
Since 2012, Mr Woodroofe…
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CaseChat Overview and Summary
The Tribunal was required to determine several issues: first, whether Mr Woodroofe suffered from an "ailment" or an aggravation of an ailment; second, if so, whether his employment with the AFP contributed to this ailment to a significant degree, thereby constituting a "disease"; third, whether this disease was suffered as a result of reasonable administrative action taken in a reasonable manner, which would exclude it from being an "injury" under the SRC Act; and finally, whether Comcare was liable to pay compensation under section 14 of the SRC Act.
The Tribunal found that Mr Woodroofe's condition, an adjustment disorder, was indeed an ailment. However, it then considered whether this ailment was suffered as a result of reasonable administrative action taken in a reasonable manner. The evidence indicated that following a meeting on 11 September 2021, Mr Woodroofe received aggressive communication from a colleague and was subsequently required to return to his substantive rank. The Tribunal concluded that these events constituted reasonable administrative action taken in a reasonable manner.
Consequently, the Tribunal determined that Mr Woodroofe had not suffered an "injury" as defined by the SRC Act, due to the exclusion for reasonable administrative action. Therefore, Comcare was not liable to pay compensation to Mr Woodroofe under section 14 of the SRC Act. The Tribunal affirmed the decisions under review.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
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Ratio Decidendi
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