FEDERAL COURT OF AUSTRALIA
Comcare v Bromham [2017] FCA 174
Appeal from: Re Bromham and Comcare [2016] AATA 484 File number: NSD 1259 of 2016 Judge: FLICK J Date of judgment: 1 March 2017 Catchwords: ADMINISTRATIVE LAW – inadequacy of Tribunal reasons – argument advanced which was not resolved
COMPENSATION – initial determination accepting liability – later determination that no compensation payable – jurisdiction of Tribunal on review – not confined by initial determination
Legislation: Safety, Rehabilitation and Compensation Act1988 (Cth) ss 16, 19
Administrative Appeals Tribunal Act1975 (Cth) ss 43, 44
Cases cited: Abrahams v Comcare [2006] FCA 1829
Comcare v Muir [2016] FCA 346, (2016) 150 ALD 321
Farrell v Comcare [2015] FCA 1337, (2015) 148 ALD 527
Rand v Comcare [2014] FCA 584, (2014) 140 ALD 666
Re Bromham and Comcare [2016] AATA 484
Roncevich v Repatriation Commission [2005] HCA 40, (2005) 222 CLR 115
Summers v Repatriation Commission [2015] FCAFC 36, (2015) 65 AAR 320
Date of hearing: 21 December 2016 Registry: New South Wales Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 36 Counsel for the Applicant: Mr B Dube (Solicitor) with Ms K Slack Solicitor for the Applicant: Sparke Helmore Lawyers Counsel for the Respondent: Mr C Barry QC with Mr I Bradfield Solicitor for the Respondent: LHD Lawyers ORDERS
NSD 1259 of 2016 BETWEEN: COMCARE
Applicant
AND: MARJUT BROMHAM
Respondent
JUDGE:
FLICK J
DATE OF ORDER:
1 MARCH 2017
THE COURT ORDERS THAT:
1.Leave is granted to file the Supplementary Notice of Appeal dated 5 October 2016.
2.The appeal is allowed.
3.The matter is remitted to the Tribunal for reconsideration in accordance with law.
4.There is to be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
Ms Marjut Bromham commenced employment with the Emergency Services Authority in the Australian Capital Territory in 1993. In the years immediately preceding 2006, Ms Bromham had apparently suffered a number of work related injuries. But the event which “brought matters to a head” was a decision made to relocate her from her existing place of work to a workplace in Curtin, ACT.
She lodged a claim for compensation pursuant to the Safety, Rehabilitation and Compensation Act1988 (Cth) (the “Safety, Rehabilitation and Compensation Act”) in December 2005. The claim was made in respect to a number of “injuries”. It stated in part as follows:
On 8 June 2006 Comcare accepted liability to pay compensation. Of the claims made, the delegate who made that decision accepted “adjustment reaction with depressive reaction” which occurred on 19 September 2005. The statement of reasons provided in respect to that decision included the following:
Findings
In his medical report dated 26 April 2006, Dr Saboisky offered the view that your condition was the result of being moved from one workplace…
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- AGLC
- Comcare v Bromham [2017] FCA 174
- Case
- [2017] FCA 174
- Decision Date
CaseChat Overview and Summary
The court examined the AAT's reasoning and found it lacking in detail and clarity. Specifically, the court noted that the AAT did not adequately address the evidence presented by Ms. Bromham regarding her compensable injury and its ongoing effects. The AAT's reasons did not sufficiently explain how it reached its conclusion on the key issues of entitlement to compensation for medical expenses and incapacity payments. The court held that the AAT's failure to provide adequate reasons meant that it had not properly exercised its jurisdiction. Furthermore, the court clarified that the AAT's jurisdiction on review is not confined by the initial determination of liability but requires a comprehensive examination of the evidence and a clear articulation of its reasoning.
The court allowed the appeal and remitted the matter back to the AAT for reconsideration in accordance with the law. The decision emphasized the importance of the AAT providing comprehensive and clear reasons for its decisions to ensure that its jurisdiction is properly exercised and that parties understand the basis on which their claims have been assessed. The court did not make any order regarding costs, reflecting the complexity and significance of the issues at hand.
In summary, the Federal Court found that the AAT had failed to provide sufficient reasons for its decision regarding Ms. Bromham's entitlement to compensation, leading to the allowance of the appeal and the remanding of the case for further consideration.
Orders
Orders of the court
1. Leave is granted to file the Supplementary Notice of Appeal dated 5 October 2016.
2. The appeal is allowed.
3. The matter is remitted to the Tribunal for reconsideration in accordance with law.
4. There is to be no order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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