Parker v Comcare [2002] FCA 727

FEDERAL COURT OF AUSTRALIA

Parker v Comcare [2002] FCA 727 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal refusing the applicant an extension of time within which to appeal – applicant injured in motor vehicle accident in the course of employment – claim for compensation for physical and psychological injuries – whether the Tribunal erred in law in refusing the application for an extension of time – appeal to the Court only lies on an error of law – Court does not determine the merits of the application – extension of time will not be granted where there is no chance of the substantive appeal succeeding

Commonwealth Employees' Compensation Act 1930 (Cth) Administrative Appeals Tribunal Act 1975 (Cth), s 42B FRANK ROBERT PARKER v COMCARE No Q 258 of 2001 SPENDER J BRISBANE 23 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 258 OF 2001

BETWEEN: FRANK ROBERT PARKER

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 23 AUGUST 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for an extension of time to appeal from the decision of the Administrative Appeals Tribunal be refused. 2. The applicant pay the respondent's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 258 OF 2001

BETWEEN: FRANK ROBERT PARKER

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: SPENDER J

DATE: 23 AUGUST 2002

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 The applicant, Mr Frank Robert Parker, served in the Australian Regular Army Supplement (National Service) during the period 20 April 1966 to 19 April 1968. On 19 June 1967, he was injured in a motor vehicle accident in Leighton Field, New South Wales. It appears that the applicant, having dropped off three colleagues at their barracks, proceeded to travel home when the motor vehicle accident occurred. The applicant was initially treated at the Fairfield District Hospital, but subsequently transferred to a military hospital known as 2 Camp Hospital, Ingleburn. He was discharged from that hospital in August 1967, but was subsequently readmitted about sixteen days later for a further nineteen days. He then returned to employment with his unit until discharge on 19 April 1968 at the expiration of his National Service. 2 On 17 April 1996, the applicant made a claim for compensation in respect of the physical injuries suffered in the motor vehicle accident, in addition to "nerves, anxiety, depression, stress, lack of confidence and concentration, substance abuse, panic attacks, sleep disturbance." In his claim for compensation, Mr Parker says that he first received medical treatment for his psychological injuries in 1967. In the period between 1967 and the lodging of his claim, he had been treated for chronic alcoholism and schizophrenia. He now attributes those conditions, as well as other particular orthopaedic conditions, to his employment with the army generally and to the motor vehicle accident specifically. Over the intervening years, he appears to have had a large number of admissions to hospital for treatment, but the details of those admissions and the records pertaining to those admissions have not been provided.