ZXCF and Comcare (Compensation)

This matter concerned an application for review of a decision by a delegate of Comcare, which affirmed a previous determination that Comcare was not liable to pay compensation for nutritional supplements and craniosacral therapy. The applicant, a Commonwealth employee suffering from Post Traumatic Stress Disorder (PTSD), sought compensation for these treatments, which she contended were obtained at the direction of her legally qualified psychiatrist and were beneficial in managing her accepted condition. The Administrative Appeals Tribunal was tasked with determining Comcare's liability under section 16(1) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The central legal issue before the Tribunal was whether the nutritional supplements and craniosacral therapy constituted "medical treatment" for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This required the Tribunal to consider whether these treatments were obtained in relation to the applicant's accepted PTSD injury and, crucially, whether they were reasonable for the applicant to obtain in the circumstances. The Tribunal was also required to consider the relevance of the Clinical Framework in assessing the reasonableness of the treatment.

The Tribunal found that the craniosacral therapy and nutritional supplements were therapeutic treatments obtained at the direction of the applicant's legally qualified psychiatrist for the purpose of treating her accepted PTSD condition. The Tribunal reasoned that these treatments were integral to managing the physical effects of her PTSD, which included depression, anxiety, panic attacks, and insomnia. By substituting a new decision, the Tribunal ordered that Comcare was liable to pay compensation for these treatments.