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Understanding the Limits of Judicial Review in Workers’ Compensation Claims
April 10, 2025
Rindeklev v Comcare [2024] FCA 1023. Key Points: Ms Rindeklev made two claims for workers’ compensation in respect of workplace mental health injuries. Comcare denied liability for both claims. In October 2022, Ms Rindeklev sought review of the decisions but later withdrew her applications. In April 2023, Ms Rindeklev sought to re-litigate the previous withdrawn cases. The Tribunal […]
Statement of principles for referrals to the Guidance and Appeals Panel based on errors of fact or law
April 10, 2025
[GAP-AAA] and [GAP-AAB]; Child Support Registrar 2024/BC027893. Key Points: The Tribunal refused the applicant’s application for an oral hearing of the applicant for referral to the Guidance and Appeals Panel of the Tribunal’s decision made on 25 October 2024. The Tribunal refused the applicant’s application to refer the Tribunal’s decision made on 25 October 2024 […]
Comcare not liable to pay compensation for medical expenses where injury is not in connection with employment
February 14, 2024
Hewitt and Comcare (Compensation) [2023] AATA 991 Ms Hewitt sought review of a reviewable decision dated 6 January 2020 which affirmed the determination of 17 April 2019, which found that the respondent had no present liability to pay medical expenses under section 16 of the SRC Act. Key Points The Tribunal was required to […]
You don’t always have to put in a fresh claim, according to the Federal Court
July 19, 2022
Ellison and Comcare [2022] FCA 95. Key Points: The Federal Court was asked to decide whether the Administrative Appeals Tribunal had erred in finding that it had no jurisdiction to consider a claim for workers’ compensation for Mr Ellison’s underlying degenerative disease of the spine. The Federal Court found there had been an error […]
“But I don’t want to go” – a subjective belief of unlawfulness cannot amount to a reasonable excuse
March 17, 2022
Hanel and Comcare [2022] AATA 261. Key Points: A subjective belief alone, as to the unlawfulness of a Notice to undergo a medical examination, cannot amount to a reasonable excuse for the purpose of section 57(2) of the SRC Act. A determination made under section 57 of the SRC Act is not included within […]
Former AFP officer not entitled to compensation for psychological condition sustained in 1987
March 17, 2022
Ascic v Comcare [2021] FCA 1498. Key Points: The Federal Court was required to consider whether the Tribunal erred in finding that an Australian Federal Police Officer was not entitled to compensation for permanent impairment for a psychological condition. The Federal Court applied Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty […]
Weight loss surgery not related to psychological condition
November 29, 2021
Fittock and Comcare [2021] AATA 3628. Key Points: The Tribunal was asked to consider liability for weight loss surgery obtained by a customer service officer working at Services Australia. The employee claimed that the surgery was necessary to treat her accepted psychological condition. The Tribunal applied Howes v Comcare [2016] FCA 1521 and found […]
Tribunal flexes its jurisdictional muscle in medical treatment claim
December 10, 2018
Kumatia and Comcare [2018] AATA 1505. Key Points: Comcare argued that a claim for medical treatment, without a substantive claim for compensation, did not confer the Tribunal with jurisdiction to determine liability. The Tribunal determined that claims for medical treatment can form the basis of a claim for compensation where the decision-maker has considered […]