Rodriguez v Telstra Corp Ltd [1999] FCA 1400

FEDERAL COURT OF AUSTRALIA

Rodriguez v Telstra Corp Ltd [1999] FCA 1400 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal, affirming decision of delegate of Telstra Corporation Ltd, rejecting applicant's claim for compensation for major depressive disorder – Administrative Appeals Tribunal in error - matter remitted to Administrative Appeals Tribunal for further consideration.

WORKERS COMPENSATION – availability of compensation pursuant to Safety, Rehabilitation and Compensation Act 1988 for major depressive disorder – status of respondent, Telstra Corporation Ltd, as "licensed authority" under Part VIIIA of Safety, Rehabilitation and Compensation Act 1988 - whether events occurring in workplace, and conduct of officers of respondent, contributed in a material way to contraction or aggravation of applicant's major depressive disorder – whether respondent liable to pay compensation in circumstance where applicant's view of events occurring in the workplace (whether correct or erroneous) contributed to the onset or aggravation of his disorder – whether conduct constituting "reasonable disciplinary action" solely responsible for disorder.

WORDS AND PHRASES – "reasonable disciplinary action".

Safety, Rehabilitation and Compensation Act 1988 s 4(1), s 24(1), s 27, s 107M Commonwealth Employment (Miscellaneous Amendments) Act 1992 s 28 Commonwealth Employees' Rehabilitation and Compensation Amendment Act 1992 Part VIIIB Commission for Safety and Rehabilitation of Commonwealth Employees v Chenhall (1992) 109 ALR 361 referred to Telstra Corporation Ltd v Worthing (1999) 161 ALR 489 referred to Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 followed Westgate v Australian Telecommunications Commission (1987) 17 FCR 235 referred to Kirkpatrick v Commonwealth of Australia (1985) 9 FCR 36 referred to Re Welsford and Commonwealth Banking Corporation (1984) 1 AAR 42 referred to GABRIEL RODRIGUEZ v TELSTRA CORPORATION LIMITED QG 144 OF 1998