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EMF Studies

06 March 2013

Legal Acknowledgement of Electrohypersensitivity in Australia

Legal acknowledgement of the condition of EHS in Australia 
Next-Up, 28 February 2013

Judgment of the Administrative Appeals Tribunal of Australia: 
Dr Alexander McDonald and Comcare

For the first time in Australia, the Administrative Appeals Tribunal of the Australian Federal Court, Melbourne, has provided legal recognition of the health effects of electromagnetic radiation (EMR) also known as electromagnetic frequencies (EMF).

In a workplace compensation case, handed down on 28 February 2013, the Tribunal found that Dr. Alexander McDonald suffered a workplace injury of a worsening of his sensitivity to EMR, as a result of him being required, by his employer, to try out the use of electronic equipment.


The judge ruled that he was '... satisfied on the balance of probabilities that Dr. McDonald has suffered either:

• an aggravation of his sensitivity to EMF; or,
• an aggravation of his symptoms by reason of his honest belief that he suffers from the condition of EMF sensitivity…’


Comcare is a statutory authority of the Australian Federal Government established under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) and covered by the Commonwealth Authorities and Companies Act 1997 (CAC Act). Comcare administers the Commonwealth's workers' compensation scheme under the SRC Act; and the Occupational Health and Safety Act 1991 (OHS Act).

The determination can be found at: http://www.austlii.edu.au/au/cases/cth/aat/2013/105.html
See in particular sections 1 - 2 - 16 – 21 – 37 – 38 – 39 – 71 – 81 – 83 – 95 – 111 - 112

http://www.next-up.org/pdf/Legal_acknowledgement_EHS_Australia_Administrative_Appel_Tribunal_Dr_Alexander_McDonald_and_Comcare_28_02_2013.pdf

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