Ascic v Comcare [2021] FCA 1498

Federal Court of Australia Ascic v Comcare [2021] FCA 1498 File number: WAD 425 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 30 November 2021

Catchwords: WORKERS' COMPENSATION - appeal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) - application of transitional provisions of Safety, Rehabilitation and Compensation Act 1988 (Cth) (1988 Act) - claim for compensation for permanent impairment arising from accepted psychological condition - where on review of reviewable decision the Tribunal found date when impairment became permanent was prior to commencement date of 1988 Act - where under transitional provisions no compensation payable in respect of permanent impairment under the 1988 Act unless claimant entitled to lump sum compensation under Compensation (Commonwealth Government Employees) Act 1971 (Cth) (1971 Act) - where no entitlement to lump sum compensation for psychological impairment under 1971 Act - where Tribunal found s 124 of 1988 Act disentitled applicant to compensation in respect of permanent impairment - whether Tribunal made error of law in interpretation of s 27 of 1971 Act - whether Tribunal justified in finding date that impairment was permanent was before commencement date - appeal dismissed PRACTICE AND PROCEDURE - application to amend notice of appeal where questions of law not disclosed - subject to exception for two questions that were re-formulated as questions of law, application dismissed - applications to adduce evidence not before Tribunal - applications dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss 26, 27, 39, 40 Federal Court of Australia Act 1976 (Cth) s 27 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 14, 24, 25, 27, 54, 61, 61A, 62, 64, 74, 124, 128, Part X Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (Cth)