Forrest and Comcare (Compensation)

This matter concerned an application by the applicant, Ms Forrest, for an extension of time to lodge a claim for compensation against the respondent, Comcare. The dispute centred on whether the applicant's claim was excluded under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) due to the injury arising from reasonable administrative action. The decision was made by Senior Member D O'Donovan of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant the applicant an extension of time to pursue her compensation claim. This required the Tribunal to consider whether the applicant's lack of capacity to properly consider the matter would impede proper consideration of the claim, and whether there was a potential for merit and substantial entitlement to compensation that warranted granting the extension.

The Tribunal was not satisfied that the applicant's lack of capacity would so impede proper consideration of the claim that it should not proceed. Furthermore, the Tribunal noted that the applicant might be represented by the time the matter proceeded to a hearing. Given that the applicant's case might have merit and her entitlement to compensation could be substantial, the Tribunal concluded that it was reasonable in all the circumstances to grant an extension of time.

The Tribunal ordered that an extension of time be granted to the applicant to lodge her claim, with the new deadline set for February 2024.