Dawson and Comcare (Compensation)

[2024] AATA 1976

Dawson and Comcare (Compensation) [2024] AATA 1976 (24 June 2024)

Division:GENERAL DIVISION

File Number(s):      2024/0100

Re:Caroline Dawson

APPLICANT

AndComcare

RESPONDENT

DECISION

Tribunal:Member Lee Benjamin

Date:24 June 2024

Place:Brisbane

The Tribunal dismisses the application for failure to proceed pursuant to subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth).

.................................[SGD].......................................

Member Lee Benjamin

Catchwords

PRACTICES AND PROCEDURES – Applicant’s failure to proceed with application for review of a decision made by Comcare

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

Safety, Rehabilitation and Compensation Act 1988 (Cth)

REASONS FOR DECISION

Member Lee Benjamin

24 June 2024

1. Ms Caroline Dawson was casually employed by the Australian Electoral Commission (AEC) for two brief periods between (1) 11 September 2023 to 25 September 2023 and (2) 29 September 2023 to 3 October 2023. Ms Dawson completed mandatory training over these periods. The AEC subsequently terminated Ms Dawson’s employment. As a result, Ms Dawson did not undertake any further work for the AEC.

2. On 25 October 2023, Ms Dawson filed a workers compensation claim under the Safety, Rehabilitation and Compensation Act 1988 (Cth), in respect of “anxiety”.

3. On 20 November 2023, Comcare declined liability to pay compensation under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for Ms Dawson’s claim.

4. On 4 January 2024, Comcare affirmed its 20 November 2023 determination declining liability to pay compensation to Ms Dawson.

5. On 4 January 2024, Ms Dawson filed an application with the Tribunal seeking review of Comcare’s decision made on the same date.

6. On 24 June 2024, the Tribunal held a directions hearing by telephone to deal with Ms Dawson’s application.

7. At the hearing, Comcare contended that Ms Dawson’s application should be dismissed under section 42B of the Administrative Appeals Tribunal Act 1975 (Cth) as having “no reasonable prospect of success.”

8. The Tribunal invited Ms Dawson to make submissions in response to Comcare’s contention. Ms Dawson made a number of very general submissions about a range of employment law, Australian Public Service policy and guidelines, and other matters unresponsive to Comcare’s contention.

9. Ms Dawson disconnected the telephone during the hearing. The Tribunal attempted, unsuccessfully, to reconnect Ms Dawson to the hearing on three occasions.

10. In my view, by disconnecting the telephone during the hearing, and otherwise refusing attempts to be reconnected to the hearing, Ms Dawson has not proceeded with her application within a reasonable time. Accordingly, I dismiss Ms Dawson’s application under subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) for failing within a reasonable time to proceed with the application.

    DECISION

11. The Tribunal dismisses the application for failure to proceed pursuant to subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth).

    I certify that the preceding 11 (eleven) paragraphs are a true copy of the reasons for the decision herein of Member Lee Benjamin.

    ................[SGD]...................

    Associate

    Dated: 24 June 2024

    Date of Hearing:   24 June 2024

    Applicant:   Self-represented

    Solicitor for Respondent:                   Ms Kate Watson, HBA Legal