Cook and Comcare (Compensation)

This matter concerned two applications for review brought by Mr Cook against Comcare, relating to the rehabilitation provisions of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The first application, 2016/1492, concerned whether Mr Cook's rehabilitation program should be extended and its contents altered. The second application, 2016/4632, related to whether Mr Cook was entitled to certain compensation payments. Mr Cook, a former project manager for the Department of Defence, sustained a major depressive disorder in 2012, for which compensation liability was accepted. He subsequently accepted a voluntary redundancy package in November 2013.

The primary legal issues before the Tribunal were whether Mr Cook, as a former employee, was still considered an "employee" for the purposes of the rehabilitation provisions of the SRC Act, and whether the Tribunal had the power to extend or alter a rehabilitation program that had already expired. Additionally, the Tribunal considered whether compensation payments under s 37(5) of the SRC Act could be paid concurrently with payments made under s 20 of the Act.

The Tribunal reasoned that the definition of "employee" under s 5(1) of the SRC Act was extended by s 5(9) to include former employees in certain circumstances, including where Comcare had incurred a liability in relation to them. The Tribunal noted that there was no dispute that Mr Cook was capable of undertaking a rehabilitation program. However, it found that the rehabilitation program under consideration had expired, and therefore, reviewing its contents retrospectively would have no utility. The Tribunal also considered Mr Cook's desire for further rehabilitation assistance to obtain employment closer to his previous role, but concluded that the expired nature of the program precluded such an extension or alteration.

Consequently, the Tribunal affirmed the decisions under review. In relation to Application 2016/1492, the decision dated 8 February 2016 was affirmed. In relation to Application 2016/4632, the decision dated 1 July 2016 was also affirmed.