Mununggurr v Comcare [2020] FCA 1786

FEDERAL COURT OF AUSTRALIA

Mununggurr v Comcare [2020] FCA 1786 File number(s): QUD 432 of 2019

Judge(s): COLLIER J

Date of judgment: 11 December 2020

Catchwords: WORKERS' COMPENSATION – claim for compensation for injuries resulting in permanent impairment – ss 24 and 27 Safety, Rehabilitation and Compensation Act 1988 (Cth) – nature of the injury – whether claim extended to major depressive disorder (MDD) – relevance of previous acceptance by Comcare of injury by way of post-traumatic stress disorder (PTSD) – relevance of manner in which claimant described injury and agitated claim before decision-maker – medical evidence – evidence that MDD and PTSD separate and distinct ailments ADMINISTRATIVE LAW – jurisdiction of Administrative Appeals Tribunal – whether Tribunal failed to exercise its jurisdiction – powers of Tribunal not "at large" – s 43(1) Administrative Appeals Tribunal Act 1975 (Cth)

Legislation: Administrative Appeals Tribunal Act 1976 (Cth) s 43 Administrative Decision (Judicial Review) Act 1977 (Cth) s 5, 10 Judiciary Act 1903 (Cth) s 39B Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 19, 24, 27, 53, 54, 64

Cases cited: Abrahams v Comcare (2006) 93 ALD 147; [2006] FCA 1829 Canute v Comcare (2006) 226 CLR 535; [2006] HCA 47 Comcare v Lilley (2013) 216 FCR 214; [2013] FCAFC 121 Comcare v Muir (2016) 150 ALD 321; [2016] FCA 346 Fuad and Telstra Corporation (2004) 39 AAR 496; [2004] AATA 1182 Kennedy v Comcare (2014) AAR 100; [2014] FCA 82 Lees v Comcare (1999) 56 ALD 84; [1999] FCA 753 Robson v Military Rehabilitation and Compensation Commission (2013) 214 FCR 1; [2013] FCAFC 101 Szabo v Comcare (2012) 58 AAR 152; [2012] FCAFC 129