Bradley and TNT Australia (Compensation)

This matter concerned an application by Mr. Bradley to the Administrative Appeals Tribunal (AAT) for review of a decision by TNT Australia. The dispute arose from TNT's failure to issue a determination in respect of Mr. Bradley's workers' compensation claim under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act).

The primary legal issue before the AAT was whether it had jurisdiction to hear Mr. Bradley's application. This required the Tribunal to determine whether TNT's failure to issue a determination, and the subsequent correspondence disputing this absence, constituted a "reviewable decision" as defined by the SRC Act, thereby enlivening the Tribunal's jurisdiction under section 64 of the SRC Act and section 43(1) of the *Administrative Appeals Tribunal Act 1975*.

The Tribunal reasoned that its jurisdiction is not general but is specifically conferred by statute. It held that, under the SRC Act, a "reviewable decision" only arises after an initial determination has been made and subsequently reconsidered under section 62. The Tribunal referred to *Comcare v Burton and Lees* and *Lees v Comcare* to establish that a three-tiered process is required: an initial determination, a reconsideration of that determination, and then an application to the AAT to review the reconsidered determination. As Mr. Bradley's claim had not progressed through this process to the point of a reconsidered determination, the Tribunal concluded that no reviewable decision was before it.

Consequently, the Tribunal found that its jurisdiction to hear Mr. Bradley's application was not enlivened. The Tribunal affirmed the decision under review, which was effectively the absence of a reviewable decision.