Insights
« Back to Resources
Search Publications
Continued Reasonable Medical treatment
April 10, 2025
Rope and Comcare [2023] AATA 3005. Key Points: Ms Eleanor Rope sought compensation for three claims: reimbursement for a philosophy textbook, approval of attendance at the University of the Third Age (U3A), and approval for further psychological treatment. Comcare initially rejected all three claims, leading to the appeal before the Administrative Appeals Tribunal (the […]
Affirming the threshold of reasonable administrative action
December 10, 2024
NJCX (Compensation) [2024] AATA 6640 Key Points: The Tribunal was asked to review the claim for a psychological injury sustained during a employment probation period. The Tribunal reviewed the claim under the Safety Rehabilitation and Compensation Act 1988 (SRC Act) and the key questions were: Whether NJCX’s (the applicant) employment significantly contributed to her psychological condition, […]
Psychological condition is not an injury
May 10, 2023
CCTS and Comcare (Compensation) [2023] AATA 60 Key Points The Tribunal was asked to decide whether Comcare was liable for the applicant’s claimed psychological condition. The Tribunal found that the applicant had not suffered an injury for the purposes of section 5A of the SRC Act, and the reviewable decision was affirmed. Background In October […]
Quality proficiency assessment was reasonable administrative action
May 10, 2023
Tierney and Comcare (Compensation) [2023] AATA 674 Key Points The Tribunal was asked to decide whether the applicant’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of his employment. The Tribunal found in favour of Comcare. Background On 9 October 1996, the applicant commenced employment […]
Should Comcare foot the bill for Hydrotherapy Treatment in France?
July 15, 2020
SRFR and Comcare [2020] AATA 378. Key Points: The Tribunal was asked to decide whether it was reasonable for an employee to obtain hydrotherapy treatment at the Avene Centre in Montpellier, France, to treat dermatological issues. The Tribunal found in favour of Comcare. Background: SRFR suffered from long-term eczema and atopic dermatitis, as […]
A reminder for employers to tread carefully with employees suffering pre-existing psychological conditions
July 15, 2020
Bailey and Comcare (Compensation) [2020] AATA 1244 (8 May 2020). Key points: The Tribunal was asked to decide whether Ms Bailey’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of her employment. The Tribunal found in favour of Ms Bailey. Background: Ms Bailey […]
Full or partial remittal? That is the question
April 17, 2020
Lim and Comcare (Compensation) [2018] AATA 4354. Key Points: Psychological injury sustained in the course of reasonable administrative action Decision remitted to the Administrative Appeals Tribunal from the Full Court of the Federal Court There was a question over whether the Full Court’s remittal to the Tribunal was a full or partial remittal Breach […]
Tribunal considers the meaning of “in a reasonable manner”
December 18, 2019
O’Callaghan and Comcare (Compensation) [2019] AATA 4378. Key Points: Mr O’Callaghan claimed to have suffered a psychological condition as a result of a meeting held to discuss his performance as a police officer. The Tribunal found that the meeting was not undertaken in a reasonable manner and that Mr O’Callaghan was entitled to workers’ […]
Can a meeting to discuss carer’s leave be administrative action?
August 15, 2019
Comcare v Stewart [2019] FCA 365. Key Points: The Federal Court was asked to consider the meaning of the phrase “administrative action”. The Federal Court found in favour of the employee and decided that he was entitled to compensation in respect to his adjustment disorder with anxious mood. Background: Mr Stewart was the […]