Haywood and Comcare (Compensation)

This decision concerned an interlocutory application by Mr Haywood for confidentiality orders in relation to two previous decisions of the Administrative Appeals Tribunal (AAT): *Haywood and Comcare (Compensation)* [2016] AATA 667 and *Haywood and Comcare* [2021] AATA 504. The dispute arose from Mr Haywood's claims for compensation for an alleged injury and aggravation of injury sustained during his employment with the Commonwealth Department of Environment, which Comcare had refused. Mr Haywood alleged unfair treatment, bias, and sexual harassment by his supervisor, CAP21, and that he was falsely accused of wrongdoing. The AAT was required to determine whether to exercise its discretionary power to make confidentiality orders regarding the published decisions.

The legal issues before the Tribunal were whether the material presented by Mr Haywood established a sufficient basis for the exercise of its discretion to grant confidentiality orders. Specifically, the Tribunal considered whether the alleged harm from the publication of the decisions, including claims of abuse of power and bias, was supported by logically probative material. The Tribunal also considered the principles of procedural fairness, including whether Mr Haywood had been afforded an opportunity to be heard and whether any adverse findings were based on evidence put to him.

The Tribunal reasoned that the power to make confidentiality orders is discretionary and requires a compelling case. It found that Mr Haywood had not provided logically probative material to substantiate his claims of harm or abuse of power, nor had he demonstrated that the previous decisions were based on unfair procedures or bias. The Tribunal noted that Mr Haywood had been afforded procedural fairness in the prior proceedings and had the opportunity to present his case. The Tribunal concluded that the request for confidentiality orders had not been made out on the evidence presented.

Consequently, the Tribunal refused Mr Haywood's application for confidentiality orders.