Hewett v Comcare [2020] FCA 527

FEDERAL COURT OF AUSTRALIA

Hewett v Comcare [2020] FCA 527 Appeal from: Hewett and Comcare (Compensation) [2018] AATA 302

File number: VID 82 of 2018

Judge: SNADEN J

Date of judgment: 23 April 2020

Catchwords: WORKERS' COMPENSATION – administrative law – neck injury – psychological condition – appeal from a decision of the Administrative Appeals Tribunal (hereafter, the "AAT") – claim for compensation for physical injury – claim for compensation for psychiatric condition – whether the AAT made findings without a proper evidential basis – whether the AAT applied the correct test in assessing whether compensation should be paid – whether the AAT's reasons failed to make findings on material questions of fact – whether the AAT failed to address a submission advanced by the appellant – whether the AAT's reasons identified material findings of fact and supporting evidential references – whether the AAT's reasons otherwise disclosed error of law – appeal allowed in part

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 33, 43, and 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 5B, 14, 16, 24, 27, 60 and 68

Cases cited: Azaey v Minister for Immigration and Border Protection (2015) 238 FCR 341 Bashar v Comcare (2002) 69 ALD 784 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Comcare v Power (2015) 238 FCR 187 Commonwealth of Australia v (K C) Smith (1989) 18 ALD 224 Dodds v Comcare Australia (1993) 31 ALD 690 Lennell v Repatriation Commission (1982) 4 ALN N29 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39