Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare Australia v Rope [2004] FCA 540 COMPENSATION – s 16(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether psychoneuroimmunology treatment was reasonable for the employee to obtain in the circumstances – factors to be considered in determining this issue – cost of travel to Townsville to obtain treatment a relevant factor to be considered
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 14, 16(1), 16(6)
Re Jorgensen and Commonwealth of Australia (1991) 23 ALD 321 discussed COMCARE AUSTRALIA v ELEANOR ROPE A26 OF 2003 STONE J 7 MAY 2004 CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A26 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER WEBB
BETWEEN: COMCARE AUSTRALIA
APPLICANT
AND: ELEANOR ROPE
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 7 MAY 2004
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A26 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER WEBB
BETWEEN: COMCARE AUSTRALIA
APPLICANT
AND: ELEANOR ROPE
RESPONDENT
JUDGE: STONE J
DATE: 7 MAY 2004
PLACE: CANBERRA
REASONS FOR JUDGMENT
INTRODUCTION 1 This is an appeal from a decision of the Administrative Appeals Tribunal ('Tribunal') given on 21 August 2003. The Tribunal reviewed two decisions made by authorised review officers who affirmed decisions made by delegates of the applicant, Comcare. Those decisions concerned two claims made by the respondent, Mrs Eleanor Rope, for compensation under the Safety Rehabilitation and Compensation Act 1988 (Cth) ('SRC Act'). One claim, under s 16(1) of the SRC Act, was for compensation for the cost of psychoneuroimmunology ('PNI')treatment and the other, under s 16(6), for travel costs from Canberra to Townsville where the treatment was given.
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