Comcare v Burton, Pamela in her Capacity as a Senior Member of the Administrative Appeals Tribunal & Anor [1998] FCA 1144

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – s 43 Administrative Appeals Tribunal Act 1975 (Cth) - jurisdiction of the Administrative Appeals Tribunal to review of decisions and determinations of Comcare –jurisdiction of the Tribunal to decide matters not the immediate subject of a "reviewable decision" – "reviewable decision" constituted under the Safety, Rehabilitation and Compensation Act 1988 (Cth) by the process of determination and reconsideration – power of the Tribunal to award entitlements not adverted to by the primary decision-maker (Comcare) in the determination under review WORKERS COMPENSATION – Safety, Rehabilitation and Compensation Act 1988 (Cth) – compensation for work-related injury – whether the Tribunal has jurisdiction to decide an entitlement to compensation for permanent impairment which was not the question determined and reconsidered by Comcare Safety, Rehabilitation and Compensation Act 1988 (Cth), s 4, s 14(1), ss 15-22, s24, s 27, s 29, s 54(2)(b), s 54(3), s 55(4), s 56, s 60, s 62, s 64, s 69, s 72 Administrative Appeals Tribunal Act 1975 (Cth), s 3(3)(a), s 25(1), s 43(1) Administrative Decisions (Judicial Review) Act 1977 (Cth), s 6, s 16(1) Judiciary Act 1903 (Cth), s 39(1), s 39(1A) Federal Court of Australia Act 1976 (Cth), s 23 Compensation (Commonwealth Government Employees) Act 1971 (Cth) Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 (Followed) Telstra Corporation Ltd v Barrow (1994) 35 ALD 461 (Referred to) Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 (Followed) Secretary, Department of Social Security v Riley (1987) 17 FCR 99 (Applied) Owen v Repatriation Commission (1995) 59 FCR 93 (Referred to) Commonwealth of Australia v Ford (1986) 65 ALR 323 (Referred to) COMCARE (Applicant) v PAMELA BURTON, IN HER CAPACITY AS A SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL (First Respondent) WENDY LEES (Second Respondent)