Herbert v Workers Compensation Commission [2016] NSWCATAD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Herbert v Workers Compensation Commission [2016] NSWCATAD 28 Hearing dates: Decision on the papers Date of orders: 11 February 2016 Decision date: 11 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: The Tribunal does not have jurisdiction to review any of the decisions the applicant identified. Catchwords: PRACTICE AND PROCEDURE – jurisdiction – to review decisions of the Workers Compensation Commission Legislation Cited: Workers Compensation Act 1987 s 2A Workplace Injury Management and Workers Compensation Act 1998 ss 39 and 233 Civil and Administrative Tribunal Act 2013 ss 28, 54 Fair Trading Act 1987 ss 4, 79B, 79D, 79E, 79F, 79G Australian Consumer Law ss 18(1), 21(1) Consumer Claims Act 1998 ss 3, 3A, 7 Category: Procedural and other rulings Parties: Denise Faasegi Herbert (Applicant) NSW Workers Compensation Commission (Respondent) Representation: Solicitors: S Herbert (Applicant in Person) Crown Solicitor's Office (Respondent) File Number(s): 1510392

Reasons for Decision

The issue in this case 1. Denise Herbert (the applicant), claims this Tribunal has jurisdiction to review several decisions made by several officers of the NSW Workers Compensation Commission (the respondent) in respect of the applicant's claim for workers compensation arising from a stroke she suffered on 5 August 2014 at work. The respondent claims that it does not. 2. For the reasons that follow, I find that the Tribunal does not have jurisdiction in respect of any of the decisions the applicant identified.