DVFW and Comcare (Compensation)

The Administrative Appeals Tribunal considered the dispute between DVFW and Comcare concerning access to summons material. The applicant, DVFW, claimed an inability to view the material due to the risk of reliving trauma.

The Tribunal was required to determine whether an independent lawyer should be appointed to review the summons material on behalf of the applicant, specifically to identify and assess claims of legal professional privilege.

Deputy President Rayment OAM QC reasoned that the applicant's stated inability to access the material due to trauma necessitated a practical solution to ensure their legal rights were protected. The appointment of an independent lawyer was deemed appropriate to review the documents, thereby safeguarding the applicant's interests while respecting the sensitive nature of the material and the potential for legal professional privilege to apply.