Long v Comcare [2016] FCA 737

FEDERAL COURT OF AUSTRALIA

Long v Comcare [2016] FCA 737 File number: TAD 8 of 2015

Judge: TRACEY J

Date of judgment: 22 June 2016

Catchwords: WORKERS' COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal affirming a decision to reject the employee's claim for compensation for psychiatric injury – where quality assurance procedure imposed on employee found to be significant contributing factor to onset of psychiatric injury – whether quality assurance procedure constituted "administrative action…in respect of the employee's employment" within the meaning of s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth)

Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5B, 14 Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 43(2B)

Cases cited: Commonwealth Bank of Australia v Reeve (2012) 199 FCR 463 – applied Repatriation Commission v O'Brien (1985) 155 CLR 422 –cited

Date of hearing: 6 June 2016

Registry: Tasmania

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 38

Counsel for the Appellant: Mr B McTaggart SC

Solicitor for the Appellant: Ogilvie Jennings

Counsel for the Respondent: Mr C Hobbs

Solicitor for the Respondent: Australian Government Solicitor

ORDERS TAD 8 of 2015

BETWEEN: CHRISTINE LONG Appellant

AND: COMCARE Respondent

JUDGE: TRACEY J DATE OF ORDER: 22 June 2016

THE COURT ORDERS THAT:

1. The appeal be dimissed. 2. The appellant pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.