Lockett v Military Rehabilitation & Compensation Commission [2006] FCA 946

FEDERAL COURT OF AUSTRALIA

Lockett v Military Rehabilitation & Compensation Commission [2006] FCA 946 ADMINISTRATIVE LAW – application for extension of time to appeal decision of Administrative Appeals Tribunal – where Tribunal dismissed applicant's application for review of decision made by respondent refusing claim for compensation under Safety, Rehabilitation and Compensation Act 1988 (Cth) on grounds that application had no prospects of success. COMPENSATION – where applicant suffered hearing loss arising out of military service in 1970 and was compensated in 1982 by way of lump sum under Compensation (Commonwealth Government Employee) Act 1971 (Cth) – where applicant made further claims for compensation in 2004 for hearing loss and other conditions under Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether applicant's hearing loss had deteriorated to degree that it constituted new impairment – whether other conditions compensable under Act in force when such conditions occurred. Held: deterioration in applicant's hearing loss effect of ageing and did not constitute new impairment in relevant sense – claim for compensation precluded by Safety, Rehabilitation and Compensation Act 1988 (Cth) s 124(3)(a) – other conditions not compensable under Act in force when such conditions occurred – claims for compensation precluded by Safety, Rehabilitation and Compensation Act 1988 (Cth) s 124(3)(b) – proposed appeal futile and doomed to fail – application for extension of time refused. Administrative Appeals Tribunal Act 1975 (Cth) s 42B, s 44 Commonwealth Employees' Compensation Act 1930 (Cth) s 10, s 12 Commonwealth Workmen's Compensation Act 1912 (Cth) Compensation (Commonwealth Government Employee) Act 1971 (Cth) s 39, s 104 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 24, 62, 104 Comcare Australia (Department of Defence) v Maida (2002) 36 AAR 69 referred to Comcare v Mooi (1996) 69 FCR 439 referred to Department of Defence as Delegate of Comcare v West (1998) 156 ALR 651 referred to Lees v Comcare (1999) 56 ALD 84 referred to