Reasonable administrative action – unreasonable?

Green and Comcare [2018] AATA 1266

Key Points

• The Tribunal was required to consider whether a claim from a Safety Officer employed by the Department of Defence could be denied using the reasonable administrative action defence.
• The employer relied on two incidents that it alleged fell within the reasonable administrative action exclusion.
• The Tribunal found that one incident was reasonable but the other was not and denied the claim.

Background

On 5 February 2016, Mr Green submitted a claim for workers’ compensation in respect of “anxiety”, which he alleged was caused by his employment. Liability to pay compensation was denied on the basis that the condition was contributed to, by “reasonable administrative action” and thus excluded by section 5A(1) of the Act.