Australia

I suffered psychological injury from workplace bullying in a federal agency. Can I claim?

1988
Act year
s. 5A
Key section
3 months
Claim deadline
Comcare
Claims body
The Short Answer

Yes, you may be able to claim compensation for psychological injury from workplace bullying in a federal agency under the Safety, Rehabilitation and Compensation Act 1988 (Cth).

What the Law Says

The Safety, Rehabilitation and Compensation Act 1988 (Cth) governs workers’ compensation for employees of Australian federal government agencies and licensed corporations. It covers both physical and psychological injuries arising out of or in the course of employment.

Psychological injury — including that caused by workplace bullying — is compensable if it meets the definition of 'injury' under the Act and arises out of or in the course of employment.

Section 5A defines 'injury' to include 'a disease' and 'a physical or mental injury', and clarifies that 'mental injury' includes 'a psychiatric illness or psychological disorder'.

To be eligible, the injury must not be solely attributable to 'reasonable administrative action taken in a reasonable manner' — for example, performance management conducted fairly and lawfully.

You must lodge your claim with Comcare within 3 months of becoming aware of the injury and its connection to your employment, unless exceptional circumstances apply.

Statutory Text

injury means a disease or a physical or mental injury

Safety, Rehabilitation and Compensation Act 1988 (Cth), s. 5A — Interpretation
Statutory Text

mental injury includes a psychiatric illness or psychological disorder

Safety, Rehabilitation and Compensation Act 1988 (Cth), s. 5A — Interpretation
Statutory Text

an injury does not include a disease or injury that is wholly due to reasonable administrative action taken in a reasonable manner

Safety, Rehabilitation and Compensation Act 1988 (Cth), s. 5A(2) — Exclusion

What to Do

1

Seek medical and psychological assessment to document your condition and its link to workplace bullying.

2

Lodge a claim with Comcare using Form C1 within 3 months of realising the injury is work-related.

3

Gather evidence: emails, witness statements, incident reports, and records of complaints made internally.

4

Contact Comcare’s Early Intervention Team for support before or during the claims process.

5

Consider seeking advice from a lawyer experienced in federal workers’ compensation law.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.