Schmid v Comcare [2003] FCA 1057

FEDERAL COURT OF AUSTRALIA

Schmid v Comcare [2003] FCA 1057 ADMINISTRATIVE LAW – appeal on questions of law from decision by Administrative Appeals Tribunal – applicant claimed compensation for physical and psychological injuries arising from his army service – Tribunal found respondent not liable for compensation – whether Tribunal gave adequate reasons – whether erroneous findings of fact by Tribunal constituted errors of law – whether conduct by applicant's superior officer amounted to "reasonable disciplinary action" – whether injury sustained arose out of or in course of employment – no error of law made out WORKERS' COMPENSATION – Commonwealth employees – compensable injury – injuries resulting in permanent impairment – exclusion for reasonable disciplinary action – conduct of superior officer – whether within exclusion – armed forces – applicant claimed trauma arising from series of incidents – applicant also claimed victimisation – claim of physical and psychological injuries resulting – whether entitled to compensation

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 6, 24 and 27 Administrative Appeals Tribunal Act 1975 (Cth) ss 43 and 44 Browne v Dunn (1893) 6 R 67 referred to Roads Corporation v Dacakis [1995] 2 VR 508 at 520 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, per Mason CJ at 355-356 referred to O'Brien v Repatriation Commission (1984) 1 FCR 472 at 486 referred to Repatriation Commission v O'Brien (1985) 155 CLR 422 referred to Bisley Investment Corporation v Australian Broadcasting Tribunal (1982) 40 ALR 233 referred to Dornan v Riordan (1990) 24 FCR 564 referred to Commissioner of Taxation (Cth) v Cainero (1988) 15 ALD 368 at 370 referred to Dolan v Australian and Overseas Telecommunications Corporation (1993) 42 FCR 206 referred to Marelic v Comcare (1993) 47 FCR 437 referred to Waterford v The Commonwealth (1987) 163 CLR 54 at 77 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 at 629 referred to Fitz-Gibbon v Inspector General in Bankruptcy (2001) 180 ALR 475 at 484 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280at 287 referred to Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 at 396 referred to Comcare v Chenhall (1992) 37 FCR 75 applied Caldwell v Smith (1983) 51 ALR 386 at 388-389 referred to Hart v Jacobs (1981) 39 ALR 209 at 210 referred to Australian Telecommunications Commission v Hart (1982) 43 ALR 165 at 175 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272 referred to Danvers v Commissioner for Railways (NSW) (1969) 122 CLR 529 distinguished Hatzimanolis v ANI Corporation Limited (1992) 173 CLR 473 distinguished Re Scalzo and Australian Postal Corporation (1991) 24 ALD 83 referred to DAVID SCHMID v COMCARE V345 of 2002 WEINBERG J 3 OCTOBER 2003 MELBOURNE