Barthel and Australian National University (Compensation)

This matter came before the Administrative Appeals Tribunal concerning an application by Ms Barthel for compensation against the Australian National University (ANU). The dispute centred on Ms Barthel's claim for compensation for bilateral carpal tunnel syndrome, which she alleged arose from repetitive pipetting during her employment. The ANU sought to have the application dismissed.

The primary legal issue before the Tribunal was whether to grant the ANU's application for dismissal of Ms Barthel's compensation claim under section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975. This required the Tribunal to consider the evidence presented and determine if there was a sufficient basis to proceed with the substantive hearing of the compensation claim.

The Tribunal, constituted by Member Simon Webb, refused the ANU's application for dismissal. While acknowledging the ANU's submissions regarding medical evidence, the Tribunal noted that the ANU had not sought detailed medical reports from several treating practitioners, including Dr Lutze, Dr Horaczek, and Dr Mitzscherling, which could have assisted in presenting its case. The Tribunal observed that although proceedings before it are not adversarial, it is incumbent on each party to determine how best to present their case.

The Tribunal ordered that the application for dismissal under section 42B(1)(b) of the AAT Act be refused. The substantive application for compensation was scheduled to be heard on 4 and 5 April 2019.