Hamblin and Comcare (Compensation)

This matter concerned an application by Mrs Hamblin for compensation for household services from Comcare, following an accepted lower back injury. The dispute centred on whether Mrs Hamblin was entitled to cleaning services, given that her partner, Mr Hamblin, also had an accepted condition that impacted his ability to perform household tasks. The decision was made by Ms Anna Burke, Member, of the Tribunal.

The Tribunal was required to determine whether Mrs Hamblin was entitled to compensation for household services, specifically cleaning, under section 29 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). This involved considering the extent to which her accepted injury reduced her capacity to perform household services, and whether the services she sought were reasonably required in the circumstances, having regard to the factors outlined in section 29(2) of the Act. A key consideration was the impact of Mr Hamblin's own accepted condition on the provision of household services.

The Tribunal reasoned that while Mrs Hamblin's injury had reduced her capacity to perform household services, the provision of such services was also affected by Mr Hamblin's own accepted condition. The Tribunal noted that the intention of section 29 was to compensate for services that an employee reasonably required as a result of their injury, and that the capacity of other household members to provide those services was a relevant consideration. The Tribunal also considered the need to avoid substantial disruption to the activities of other household members.

In conclusion, the Tribunal set aside the previous decision and determined that Mrs Hamblin was entitled to one-and-a-half hours of cleaning services once a fortnight. This entitlement was to be reviewed in one year, and the Tribunal encouraged Comcare to provide the Hamblins with an occupational therapy home visit to educate them on strategies and assistive equipment.