Woodward and Comcare (Compensation) [2018] AATA 1835 (14 June 2018)
Division:GENERAL DIVISION
File Number: 2016/5834
Re:Melissa Woodward
APPLICANT
AndComcare
RESPONDENT
DECISION
Tribunal:Member D K Grigg
Date:14 June 2018
Place:Brisbane
The Tribunal affirms the reviewable decision made by Comcare on 27 October 2016.
.........................[Sgd]...............................................
Member D K Grigg
Catchwords
COMPENSATION — Commonwealth employees - whether applicant entitled to compensation – whether injury contributed to by employee’s employment – whether injury suffered as a result of reasonable administrative action undertaken in a reasonable manner - decision under review affirmed.
Legislation
Safety, Rehabilitation and Compensation Act 1988 (Cth)
Cases
Comcare v Drinkwater [2018] FCAFC 62
Comcare v Martin [2016] HCA 43; 339 ALR 1; 91 ALJR 29
Comcare and Martinez (No 2) [2013] FCA 439
Commonwealth Bank of Australia v Reeve [2012] FCAFC 21; (2012) 199 FCR 463
Ferguson v Commonwealth Bank of Australia [2012] AATA 718
Keen v Workers Rehabilitation and Compensation Corporation [1998] SASC 7056; (1998) 71 SASR 42
Radulovic and Comcare [2010] AATA 777
Wiegand v Comcare Australia [2002] FCA 1464
REASONS FOR DECISION
Member D K Grigg
14 June 2018
INTRODUCTION & CLAIMS HISTORY
Ms Woodward has been an employee of the Department of Human Services (“DHS”) since 2010. In June 2015, at Ms Woodward’s request, Ms Woodward was transferred from a Coffs Harbour Service Centre to a Gold Coast Centre and commenced as a Customer Service Officer (“CSO”) at the Beenleigh Customer Service Centre (“BCSC”).[1]
[1] Exhibit 2, T Documents, T5, page 19, Ms Woodward’s Workers’ Compensation Claim Form dated 20 June 2016.
Ms Woodward commenced at BCSC on 29 June 2015 and between 21 September 2015 and 22 December 2015, worked in the South Queensland Virtual Team.[2] Ms Woodward’s role involves:
“…undertaking face-to-face customer interaction / service tasks for the majority of her work day including both: 1:1 interviews with customers and front-of-house functions. The role also combines phone contact with customers and relevant administrative / processing duties”.[3]
[2] Exhibit 2, T Documents, T12.2, pages 53-59, Statement of Mrs Luccitti dated 12 July 2016, para 4.
[3] Exhibit 2, T Documents, T4, page 10, Initial Assessment Report dated 16 June 2016.
Prior to transferring to BCSC, Ms Woodward was employed as an APS 4 customer service officer (“CSO”) in the Coffs Harbour Service Centre and assisted customers over the telephone, as opposed to face-to-face, with disabilities and carer’s enquiries.[4]
[4] Oral evidence of Ms Woodward produced at hearing (4 October 2017; 11 April 2018).
On 20 June 2016, Ms Woodward applied for compensation under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”) for “Adjustment Disorder (Anxiety + Depression)” which she claims resulted from a “[l]ack of training + increase in work rolls” (sic).[5] Ms Woodward claims that the lack of training and increased work duties resulted in her experiencing “high anxiety, panic attacks [and] tears” and that she first noticed these…
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- AGLC
- Woodward and Comcare (Compensation) [2018] AATA 1835
- Case
- [2018] AATA 1835
- Decision Date
CaseChat Overview and Summary
The Tribunal was required to determine whether Ms Woodward's ailment constituted an "injury" for the purposes of the Act. Specifically, it needed to consider whether the ailment was contributed to by her employment and, crucially, whether it was suffered as a result of reasonable administrative action taken in a reasonable manner in respect of her employment.
The Tribunal found that a direction given to Ms Woodward not to "cherry pick" her duties constituted administrative action taken in a reasonable manner. This action was considered a form of counselling regarding her performance of duties under section 5A(2)(b) of the Act. Consequently, the exclusionary provision in section 5A(1) of the Act was engaged, meaning Ms Woodward's ailment was not considered an "injury" for the purposes of the Act.
As a result of this determination, Ms Woodward was not entitled to compensation under section 14 of the Act. The Tribunal affirmed the reviewable decision dated 27 October 2016.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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