Comcare v Miles

Comcare, the body responsible for making determinations under the Safety, Rehabilitation and Compensation Act 1988, appealed against a decision of the Administrative Appeals Tribunal that affirmed an earlier decision to cease liability to pay compensation to Rhonda Miles for an incapacity for work. The Tribunal set aside the decision under review and found that Ms Miles had suffered permanent impairment of 10% and remitted the matter to Comcare to assess the amount of compensation to be paid. Comcare's appeal was based on three grounds: the Tribunal misdirected itself in finding that Ms Miles had a ten percent whole person permanent impairment; the Tribunal erred in law by finding that there was a permanent impairment of ten percent when there was no evidence upon which that finding could be based; and the Tribunal failed to determine for itself whether there was permanent impairment prior to 1992.

The court found that the Tribunal did not err in coming to a conclusion about whole person permanent impairment rather than the quantum of compensation to be determined by reference to s39 of the Compensation (Commonwealth Government Employees) Act 1971. The court held that the ten percent threshold applied whether the ultimate amount of compensation was determined in accordance with the method of calculation set out in s24 or whether it was to be determined under s39. The court also rejected the attack on the Tribunal's finding of ten percent permanent impairment, stating that the Tribunal was entitled to take into account its own observations in determining the percentage. Finally, the court found that the Tribunal did not fail to determine for itself whether there was permanent impairment prior to 1992.

The appeal was dismissed with costs, and the decision of the Tribunal was set aside so far as no order was made as to costs. It was ordered that Comcare pay Ms Miles' costs of the proceedings before the Tribunal as agreed or, if not agreed, as assessed by a Deputy Registrar of the Tribunal.