Comcare v Drinkwater [2018] FCAFC 62

Comcare v Drinkwater [2018] FCAFC 62

Administrative action to transfer Mr Drinkwater from his post constituted reasonable administrative action taken in respect of his employment, engaging the statutory exclusion in s 5A(1) of the SRC Act; accordingly, Comcare is not liable to pay compensation for the adjustment disorder with anxiety suffered by Mr Drinkwater.

Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed; Tribunal decision set aside; Comcare's reviewable decision affirmed.
Legal Topics
['reasonable Administrative Action' "interpretation of 'injury' Under SRC Act S 5 A" 'australian Public Service Employment Mobility' 'compensation for Psychological Injury' 'statutory Exclusion Provisions']
['administrative Law' "workers' Compensation" 'human Rights'] ['reasonable Administrative Action' "interpretation of 'injury' Under SRC Act S 5 A" 'australian Public Service Employment Mobility' 'compensation for Psychological Injury' 'statutory Exclusion Provisions']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the exclusion in s 5A(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) was properly construed and applied by the Tribunal' "Whether administrative action to transfer an employee under a mobility policy constitutes 'administrative action taken in respect of the employee's employment'" 'Whether Comcare is liable to pay compensation for psychological injury under s 14 of the SRC Act']

Ratio Decidendi

Administrative action to transfer Mr Drinkwater from his post constituted reasonable administrative action taken in respect of his employment, engaging the statutory exclusion in s 5A(1) of the SRC Act; accordingly, Comcare is not liable to pay compensation for the adjustment disorder with anxiety suffered by Mr Drinkwater.

Court Disposition

Appeal allowed; Tribunal decision set aside; Comcare's reviewable decision affirmed.

Orders

  • ['The appeal is allowed.' 'The decision of the Administrative Appeals Tribunal made on 8 August 2017 is set aside.' 'In place of the decision of the AAT, the reviewable decision made by Comcare dated 22 March 2016 is affirmed.' "By consent, the applicant is to pay the respondent's costs of the appeal as agreed or...