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Latest Insights

  • July 19, 2022You don’t always have to put in a fresh claim, according to the Federal Court

    Ellison and Comcare [2022] FCA 95.   Key Points: The Federal Court was asked to decide whether the Administrative Appeals Tribunal had erred in finding that it had no jurisdiction to consider a claim for workers’ compensation for Mr Ellison’s underlying degenerative disease of the spine. The Federal Court found there had been an error […]

  • July 19, 2022AFP officer’s injury found to be a result of reasonable administrative action

    Snook and Comcare [2022].   Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been sustained in the workplace by an Australian Federal Police Officer. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a result of reasonable […]

  • July 19, 2022An identifiable physiological change is not necessary for there to be an “ailment”

    Wuth and Comcare [2022] FCAFC 42.   Key Points:   Ms Wuth appealed a decision of the Tribunal, which found than she had not suffered an injury within the meaning of the SRC Act because there had been no identifiable physiological change evident. The Full Court of the Federal Court stated that it was unnecessary […]

  • March 17, 2022Symptoms of anxiety and stress do not amount to a psychological condition

    Fittock and Comcare [2022] AATA 72.   Key Points: The Tribunal was asked to make a decision about liability on a claim for an aggravation of a psychological condition suffered by an employee of Services Australia. The employee claimed she experienced stress and anxiety as a result of the conduct of her team leader, after […]

  • March 17, 2022Objection refused! Tribunal issues summons for mental health records

    Australian Electoral Commission and Comcare [2022] AATA 138.   Key Points: A treating psychologist objected to a summons for him to produce medical records, on the grounds that it would be a breach of privacy and duty of care to his patient. The Tribunal found that privacy considerations and duty of care must give way […]

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