Australian Postal Corporation v Barbara Bywater 1997 FCA 747

FEDERAL COURT OF AUSTRALIA

WORKERS' COMPENSATION - former employee of Australian Postal Corporation (a licensed corporation under s 68 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)) - observation and reporting of theft at work - no effective action taken by superiors - hostile treatment by other employees - causation of state of anxiety and depression - cessation of work at Post Office in June 1993 - compensation paid for a time - whether entitlement to compensation under ss 14, 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) in respect of an "injury" resulting in "incapacity for work" after 21 March 1994 - AAT found applicant suffered an "incapacity" for work after 21 March 1994, which extended to work other than at the Post Office - AAT found a material "contribution" of the employment to the anxiety and depression - whether AAT failed to distinguish between contribution by "employment", and operation of extraneous factors, for the purpose of the definition of "disease" in s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether the AAT failed to consider whether the incapacity after 21 March 1994 resulted from an "injury" as defined in s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether the AAT failed to comply with the obligation to give reasons for its decision, in s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4 ("injury", "disease", "ailment"), 14, 19 Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 AUSTRALIAN POSTAL CORPORATION v BARBARA BYWATER NG 477 of 1996 LINDGREN J SYDNEY 11 AUGUST 1997