O'Neill, T.M. v Commonwealth Banking Corporation [1987] FCA 363

CATCHWORODS

ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal ~ Commonwealth Employees Compensation - determination as to

whether employment contributed to aggravation or acceleration

of disease - statutory test to be applied - Tribunal applying different test - error of law.

WORKERS COMPENSATION -

Commonwealth Employees Compensation Act determination as to

whether employment contributed to aggravation or acceleration of disease - appellant

suffering from cardiac neurosis - test to be applied.

Compensation (Commonwealth Government Employees) Act 1971

Terrence Michael O'Neill

v. Commonwealth Banking Corporation Qld G199 of 1986

PINCUS J. BRISBANE 9 JULY 1987

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G199 of 1986 GENERAL DIVISION )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISON OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: TERRENCE MICHAEL O'NEILL

Applicant

AND: COMMONWEALTH BANKING CORPORATION

Respondent

PINCUS J. 9 JULY 1987

REASONS FOR JUDGMENT

The idea of compensating employees for neuroses and the like said to be work-related may be thought by some people not to be a sound one; not only is it difficult to determine with any confidence why people have become neurotic or depressed, but there is the thought that the very fact of compensation's being

available may make it more likely that such conditions will be complained of. Yet ain this country there are statutes which entitle employees to compensation for these nervous disabilities, and to these courts must of course faithfully give effect. The appellant says in this appeal under s.44 of the Administrative Appeals Tribunal Act 1975 that he is so entitled and that the

Tribunal has applied wrong tests in holding him not to be. I have

come to the conclusion. for reasons I shall explain, that the