Gadzikwa and Comcare (Compensation)

This matter concerned an application by Mr Gadzikwa to the Administrative Appeals Tribunal (AAT) for the issuing of summonses for identified individuals to give evidence and for the production of specified documents. Comcare opposed this request. The principal application before the AAT involved a review of Comcare's decision to refuse Mr Gadzikwa an extension of time to request reconsideration of its earlier decision to deny liability under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) for a claimed injury.

The AAT was required to determine whether the evidence sought by Mr Gadzikwa through the proposed summonses would assist in the review of Comcare's decision to refuse the extension of time and in the determination of the principal application. The court also considered the scope of its discretion under section 40A of the *Administrative Appeals Tribunal Act 1975* (Cth) to refuse such a request.

The Tribunal reasoned that its power to issue summonses under section 40A of the AAT Act was discretionary, and it could refuse a request if the evidence sought would not assist in the review of the decision or the determination of the principal application. The Tribunal must be satisfied that the evidence could reasonably be expected to illuminate issues in the substantive proceeding, and mere speculation as to relevance was insufficient. In this instance, the Tribunal considered that the principal application concerned the "gateway" issue of whether Mr Gadzikwa should be permitted to make a late request for reconsideration, not a full examination of the original liability decision. The Tribunal concluded that it could form a general impression of Mr Gadzikwa's prospects of success in a reconsideration by examining the existing documentation, including the original determination, Comcare's submissions, and Mr Gadzikwa's extensive submissions, without requiring the additional evidence sought by the summonses. The Tribunal also noted the need to balance the administration of justice with the objectives of conducting proceedings in a manner that is fair, just, economical, informal, quick, and proportionate.

The Tribunal refused Mr Gadzikwa's request for the issuing of summonses.