Comcare v DSLB [2025] FCAFC 13

FEDERAL COURT OF AUSTRALIA Comcare v DSLB [2025] FCAFC 13 Appeal from: DSLB v Comcare [2023] FCA 1222

File number:

Judgment of: LOGAN, PERRY AND HORAN JJ

Date of judgment: 14 February 2025

Catchwords: WORKERS COMPENSATION – appeal from decision of primary judge – construction of s 62 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Comcare had power on its own motion to reconsider determination that was previously revoked on an earlier reconsideration – whether Comcare had power to reconsider previous decision made under s 62 to revoke original determination disallowing claim for compensation and to accept liability to pay compensation ADMINISTRATIVE LAW – denial of procedural fairness – whether primary judge erred in exercising discretion not to refuse relief – availability of merits review and pending review proceedings in Administrative Appeals Tribunal

Administrative Appeals Tribunal Act 1975 (Cth) ss 26(1), 42A(5), (10), 43(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 10 Administrative Review Tribunal (Consequential and Transitional Provisions No 2) Act 2024 (Cth) Administrative Review Tribunal Act 2024 (Cth) s 31 Legislation: Commonwealth Employees' Compensation Act 1930 (Cth) Customs Tariff (Anti-Dumping) Act 1975 (Cth) Federal Court of Australia Act 1977 (Cth) ss 37AF, 37AG Judiciary Act 1903 (Cth) s 39B Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(12), 5A, 5B, 7(7), 11, 14, 16, 19, 24, 25, 27, 44, 45(4), 50, 54, 57, 60, 61, 62, 64, 67, 114B(5)(a)