Fairhall and Comcare (Compensation)

This matter concerned a dispute between Ms Fairhall and Comcare regarding the amount of compensation payable for household services, specifically window cleaning. The Administrative Appeals Tribunal (AAT) was required to determine the number of hours of assistance reasonably required for window cleaning and the appropriate amount of compensation.

The legal issues before the Tribunal were whether Comcare was liable to pay for 6 hours of window cleaning every three or six months, and what amount of compensation was reasonable in the circumstances. This involved considering the applicant's evidence regarding past service provision, quotes obtained, and the assessment of an occupational therapist.

The Tribunal reasoned that Ms Fairhall was entitled to compensation for up to three window cleaning services per year, to be determined by her as required. The maximum payment for each service was to be calculated based on six hours of work at the prevailing maximum hourly cleaning rate. This decision was made after considering the applicant's evidence of ongoing quarterly services, the quotes provided which indicated a need for 6-8 hours of work, and the occupational therapist's initial recommendation, while noting Comcare's request to reduce the estimated hours.

The Tribunal set aside the reviewable decision and substituted a new decision. Comcare was ordered to pay compensation for window cleaning, allowing for up to three services annually, with each service calculated on the basis of six hours at the prevailing maximum hourly rate.