Hasan and Inco Ships Pty Ltd (Compensation)

The applicant, Mr Hasan, sought judicial review of a decision by the respondent, Inco Ships Pty Ltd, to refuse an extension of time for Mr Hasan to request a reconsideration of a prior decision denying liability. The matter came before Deputy President W Constance of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether it possessed the jurisdiction to review the respondent's decision to refuse an extension of time for the applicant to seek reconsideration of the initial denial of liability. This question hinged on the interpretation of provisions within the *Seafarers Rehabilitation and Compensation Act 1992* (Cth) and their similarity to provisions found in the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The Tribunal's reasoning was guided by the principle that where Parliament adopts wording from earlier legislation, it is presumed to intend that the words carry the same meaning, absent any contrary indication. Applying this principle and the precedent set by the Full Federal Court in relation to similar provisions in the *Safety, Rehabilitation and Compensation Act 1988*, the Tribunal concluded that it did have jurisdiction to review the decision to refuse the extension of time. This conclusion was also consistent with prior decisions of the Tribunal.