Goodricke and Comcare (Compensation)

This matter concerned an application by Peter Goodricke for review of Comcare's decision to reject his claim for death benefits under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). Comcare had accepted liability for an injury sustained by Mr Goodricke in 2000, which aggravated a chronic pain syndrome. Mr Goodricke subsequently claimed compensation for death benefits, which Comcare rejected. Mr Goodricke requested reconsideration, but Comcare affirmed its initial determination. Mr Goodricke then applied for review to the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Goodricke's application fell within the terms of section 42B of the *Administrative Appeals Tribunal Act 1975* (AAT Act), and if so, whether the Tribunal should exercise its discretion to dismiss the application. Mr Goodricke explained that his ongoing pain and dealings with Comcare had severely impacted his psychological state, leading him to consider making arrangements to end his life. He sought to claim death benefits prospectively to ensure his estate would not face difficulties proving his mental state in his absence.

The Tribunal considered section 17(1) of the SRC Act, which states that the section applies "where an injury to an employee results in death." The Member found that Mr Goodricke was not dead and that the common understanding of "death" did not encompass life, even if the delineation between life and death could sometimes be difficult. The Tribunal determined that Mr Goodricke's current circumstances, however difficult, were part of his experience of life and did not meet the precondition of death required by section 17 of the SRC Act. Submissions referencing criminal law and Canadian law were considered and found to lack merit, as they did not support a prospective claim for death benefits by a living employee.

Consequently, the Tribunal was satisfied that it was appropriate to dismiss Mr Goodricke's application under section 42B(1) of the AAT Act. The application was dismissed.