Marky Boy
A former staffer to Victorian Senator John Madigan has lost his bid to be paid compensation for mental injuries he suffered while working in the Senator's office.
Mark Banwell, a former federal Liberal candidate for Ballarat turned Democratic Labor Party staffer, worked as an electorate officer for Victorian DLP Senator John Madigan for nearly two years from July 2011.
Administrative actions in Senator John Madigan's office have been described as 'reasonable'. CREDIT: ALEX ELLINGHAUSEN
He joined Senator Madigan's office after becoming friendly with him during the 2010 election campaign, in which both men were based in Ballarat.
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But in May 2013 Mr Banwell launched a compensation claim against the Commonwealth, claiming he had been bullied by Senator Madigan's former chief of staff, Stephen Campbell.
This, he said, included one incident in which Mr Campbell "became enraged, calling me and [sic] idiot three times in front of the Senator and other staff members".
Another staff member testified he had seen Mr Campbell tell Mr Banwell, loudly, "you're an idiot", twice. Mr Campbell denied this, saying he recalled saying, "don't be an idiot" rather than "you are an idiot" when Mr Banwell had suggested Mr Campbell was harassing him.
Mr Campbell also denied bullying Mr Banwell.
Mr Banwell was unhappy that his work role had changed, and he would no longer accompany Senator Madigan to Canberra during sitting weeks.
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He claimed that Mr Campbell had promised him a promotion and pay rise and then failed to give him the promotion. Further, he claimed, other staff had been promoted ahead of him, in an act of "wilful discrimination" by Mr Campbell.
Mr Banwell sought medical treatment for his condition, and a GP diagnosed him with worsening depression, anxiety disorder and adjustment disorder. A consultant psychiatrist also prepared a report characterising Mr Banwell's condition as being an adjustment disorder.
Mr Banwell lodged his compensation claim with the federal workplace insurer Comcare on May 14, 2013 – 12 days after the "idiot" incident.
Comcare accepted that Mr Banwell suffered from a work-related condition linked to a range of incidents, including the "idiot" incident and his performance appraisals, but said he was not eligible for compensation because he suffered his injury "as a result of reasonable administrative action taken in a reasonable manner in respect of Mr Banwell's employment".
Mr Banwell appealed this decision to a senior review officer, and then to the Administrative Appeals Tribunal.
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Both agencies accepted that the staffer suffered a psychiatric injury "to which his employment made a significant contribution", developing an adjustment disorder and depressive symptoms.
But last week the AAT affirmed Comcare's decision to reject Mr Banwell's bid for a payout, finding the incidents he claimed caused his mental illness were reasonable administrative actions, taken in a reasonable manner, in a workplace. Take from The Age, Melbourne Vic.
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Entity name:BANWELL, MARK
status:Active from 29 May 2000Entity type:Individual/Sole TraderGoods & Services Tax (GST):Registered from 01 Jul 2000Main business location:
VIC 3350
The Federal Labor Member for Ballarat, Catherine King, has blamed her Liberal opponent's lack of experience for a holocaust gaffe.
Mark Banwell said in a television interview yesterday that Labor's schools building program was a waste of money and would 'be a holocaust' in a year's time.
He has since apologised.
Ms King says the comment was inexcusable.
"Look, I understand that inexperienced and new candidates do make slips, I accept that he has apologised to the community and really it's a matter for Tony Abbott how he wishes to deal with his candidate here in Ballarat," she said.
"I certainly do think the comments he made yesterday were an extraordinary lack of judgement."
The former president of the Jewish Community Council of Victoria, Michael Lipshutz, says using the term to push a political point is reprehensible.
"I think it's very offenssive to dredge up the idea of a holocaust against Jewish people for party political purposes,"he said.
"The holocaust was a very unique experience which sought to destroy the Jewish people and to use that for campaign purposes I think is reprehensible."
But Deputy Opposition Leader, Julie Bishop, says the Federal Opposition will not disendorse its Ballarat candidate.
"It was an inappropriate comment. It should not have been said," she said.
"He has apologised and I'm sure he's deeply concerned that people were offended by his comment."
