Hardin, S.T. v Comcare Australia [1995] FCA 332

CATCHWORDS ADMINISTRATIVE LAW - appeal from the AAT - entitlement to payments for course of rehabilitation - failure of Comcare to comply with legislative scheme resulting in ineligibility - whether HECS payments are a cost of a rehabilitation course - consideration of ex gratia payment Compensation (Commonwealth Government Employees) Act 1971 Social Security Act 1991 Safety Rehabilitation and Compensation Act 1988 Shaddock v Parramatta City Council [1983] 151 CLR 590 Formosa v Secretary, Department of Social Security [1988] 15 ALD 657 Howell v Falmouth Boat Construction Co Ltd [1951] AC 837 SAMUEL THOMAS HARDIN v COMCARE AUSTRALIA No. QG8 of 1994 EINFELD J SYDNEY (heard in Brisbane) 17 MAY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. G 8 of 1994 GENERAL DIVISION ) Between: SAMUEL THOMAS HARDIN Applicant And: COMCARE AUSTRALIA Respondent MINUTE OF ORDERS The Court orders that: 1. the application be dismissed. 2. there be no order as to costs. Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY (heard in Brisbane) 17 MAY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. G 8 of 1994 GENERAL DIVISION ) Between: SAMUEL THOMAS HARDIN Applicant And: COMCARE AUSTRALIA Respondent REASONS FOR JUDGMENT EINFELD J SYDNEY 17 MAY 1995 (Heard in Brisbane) This applicant appeals from a decision of the Administrative Appeals Tribunal (the Tribunal) of 22 December 1993 in which the Tribunal affirmed two decisions of the respondent (Comcare). Background In 1982, while employed by the Department of Defence as a clerk, the applicant suffered a disease for which he became entitled to compensation under the now repealed Compensation (Commonwealth Government Employees) Act 1971. He retired from the Commonwealth Public Service on the basis of his illness in June 1983 but continued to be paid compensation under the 1971 Act until 1 December 1988, when the Safety Rehabilitation and Compensation Act (the Act) came into force and the administration of his compensation payments was taken over by Comcare. The Department of Defence took no further part in his compensation or rehabilitation until 1992.