Bebek and Australian Capital Territory (Compensation)

This matter concerned an application for review of a reconsideration decision made by EML, which revoked Ms Bebek's accepted workers' compensation claim. The Australian Capital Territory (ACT) contended that Ms Bebek's application to the Administrative Appeals Tribunal (AAT) was lodged outside the prescribed 60-day time limit. The central dispute revolved around when Ms Bebek was deemed to have been given notice of the reconsideration decision.

The legal issues before the Tribunal were: firstly, whether the AAT Act was relevant to determining the time for lodging an application for review; and secondly, when the reconsideration decision was legally given to Ms Bebek for the purposes of calculating the prescribed time limit under section 29 of the AAT Act, as modified by section 65(4) of the Safety Rehabilitation and Compensation Act 1988. The ACT argued that notice was given on 20 April 2022, relying on a presumption of email receipt, while Ms Bebek maintained she only became aware of the decision on 15 June 2022.

The Tribunal determined that the AAT Act was indeed relevant, as section 29 governs the time for lodging applications for review. It found that the prescribed period commenced on the day the decision was made (20 April 2022) and ended 60 days after the decision was given to the applicant. Crucially, the Tribunal found that the evidence did not establish that Ms Bebek was given the reconsideration decision on 20 April 2022. Instead, the evidence confirmed she was given the decision on 15 June 2022.

Consequently, the Tribunal concluded that Ms Bebek's application for review, lodged on 21 July 2022, was within the prescribed 60-day period. No extension of time was necessary, and the application was deemed valid, enlivening the Tribunal's jurisdiction to proceed with the matter in the usual manner.