Comcare v Martin [2015] FCA 4

FEDERAL COURT OF AUSTRALIA

Comcare v Martin [2015] FCA 4 Citation: Comcare v Martin [2015] FCA 4

Appeal from: Re Peta Martin and Comcare [2014] AATA 553

Parties: COMCARE v PETA MARTIN

File number: NSD 913 of 2014

Judge: GRIFFITHS J

Date of judgment: 8 January 2015

Catchwords: WORKERS' COMPENSATION – appeal from decision of Administrative Appeals Tribunal (Tribunal) – where Tribunal found Comcare was liable to pay compensation to an employee under s 14 of the Safety, Rehabilitation and Compensation Act (1988) (Cth) (SRC Act) – whether Tribunal erred in law in concluding that "administrative action" was not taken in a reasonable manner in respect of the respondent's employment for purposes of s 5A of the SRC Act – appeal allowed – notice of contention – whether Tribunal's decision should be affirmed on the basis that the exclusion in s 5A(2)(f) had no application because the injury resulted not from the decision not to promote the respondent but rather from indirect and unintended consequences of that decision, namely her anxiety at having to resume her previous position working under a supervisor whom she alleged had bullied and harassed her – notice of contention dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Federal Court of Australia Act 1976 (Cth) s 27 Federal Court Rules 2011 (Cth) r 33.29 Safety, Rehabilitation and Compensation Act (1988) (Cth) ss 5A, 14

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Baker v Canada (Minister of Citizenship and Immigration) [1999] 2 SCR 817 Brennan v Comcare [1994] FCA 1147; (1994) 50 FCR 555 Comcare v Martinez (No 2) [2013] FCA 439; (2013) 212 FCR 272 Drenth v Comcare [2012] FCAFC 86; (2012) 128 ALD 1 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 250 CLR 503 Florance v Andrew (1985) 58 ALR 377 Greater Wollongong City Council v Cowan (1955) 93 CLR 435 Hart v Comcare [2005] FCAFC 16; (2005) 145 FCR 29 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; (2002) 210 CLR 438 IW v The City of Perth (1997) 191 CLR 1 Keen v Workers Rehabilitation & Compensation Corporation (1998) 71 SASR 42 Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622 McGovern v Ku-ring-gai Council [2008] NSWCA 209; (2008) 72 NSWLR 504 National Australia Bank Ltd v KRDV [2012] FCA 543; (2012) 204 FCR 436 Preston v Carmody (1993) 44 FCR 1 Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 664 Whitaker v Comcare (1998) 86 FCR 532