Dunstan v Comcare [2011] FCAFC 108

Dunstan v Comcare [2011] FCAFC 108

The Tribunal erred in law on the first claim by treating the applicant's employment as merely the setting for his relationship with Ms X and by failing to assess whether workplace proximity, workplace harassment, the employer's handling of the relationship and medical evidence made the employment an operative factor materially contributing to the onset or aggravation of his depression. The Tribunal did not err in rejecting the claim for 16 May to 1 June 1994 because its finding that the aggravation resulted from failure to obtain a transfer was a finding of fact engaging the statutory exclusion. The Tribunal also erred in law by failing to deal with the ongoing aspect of the second claim...

Jurisdiction
Australia
Judgment Date
24 August 2011
Procedural Posture
Appeal From the Administrative Appeals Tribunal Concerning Workers' Compensation Claims Under the Safety, Rehabilitation and Compensation Act 1988 (cth) / Full Court Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) on Questions of Law
Outcome
Appeal allowed in part; Tribunal decision set aside in part; relevant parts remitted to the Administrative Appeals Tribunal; otherwise appeal dismissed; respondent ordered to pay applicant's costs of the appeal.
Legal Topics
['depressive Illness' 'material Contribution by Employment' 'sexual Relationship With Co Employee' 'administrative Appeals Tribunal Error of Law' 'failure to Obtain Transfer Exclusion' 'ongoing Incapacity' 'remittal']
["workers' Compensation" 'administrative Law'] ['depressive Illness' 'material Contribution by Employment' 'sexual Relationship With Co Employee' 'administrative Appeals Tribunal Error of Law' 'failure to Obtain Transfer Exclusion' 'ongoing Incapacity' 'remittal']

Case Brief

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Procedural Posture

Appeal From the Administrative Appeals Tribunal Concerning Workers' Compensation Claims Under the Safety, Rehabilitation and Compensation Act 1988 (cth) / Full Court Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) on Questions of Law

Legal Issues

  1. 1 ["Whether the Tribunal erred in law in determining that the applicant's employment made no material contribution to his depressive disorder during the periods 11 to 16 July 1991 and 3 to 10 April 1992." 'Whether the exclusionary provision in the definition of "injury" in s 4(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) applied to the period 16 May to 1 June 1994 when the applicant was seeking a transfer.' "Whether the Tribunal erred by failing to determine Comcare's liability for the period 1 November 1998 to 2 December 1999 and from 3 January 2008 onwards."]

Ratio Decidendi

The Tribunal erred in law on the first claim by treating the applicant's employment as merely the setting for his relationship with Ms X and by failing to assess whether workplace proximity, workplace harassment, the employer's handling of the relationship and medical evidence made the employment an operative factor materially contributing to the onset or aggravation of his depression. The Tribunal did not err in rejecting the claim for 16 May to 1 June 1994 because its finding that the aggravation resulted from failure to obtain a transfer was a finding of fact engaging the statutory exclusion. The Tribunal also erred in law by failing to deal with the ongoing aspect of the second claim...

Court Disposition

Appeal allowed in part; Tribunal decision set aside in part; relevant parts remitted to the Administrative Appeals Tribunal; otherwise appeal dismissed; respondent ordered to pay applicant's costs of the appeal.

Orders

  • ['The appeal be allowed in part.' "The decision of the Administrative Appeals Tribunal, made on 17 June 2010, be set aside, to the extent that the Administrative Appeals Tribunal affirmed the decision of Comcare to reject the Applicant's claim for compensation, pursuant to the Safety, Rehabilitation and Compensation...