Hewett v Comcare

Ms Hewett appealed against decisions of the Administrative Appeals Tribunal (AAT) regarding her workers' compensation claims for physical and psychiatric injuries sustained during her employment. The court found that the AAT erred in its decision concerning Ms Hewett's psychiatric condition, but not in its decision regarding her neck injury and physical impairment. The appeal was partially upheld, and the case was remitted to the AAT for further hearing and determination concerning Ms Hewett's psychiatric condition. The court found that the AAT had made findings without a proper evidential basis and failed to address certain submissions advanced by Ms Hewett. The court also found that the AAT's reasons did not adequately identify material findings of fact and supporting evidential references. The court's orders included allowing the appeal in part, requiring the parties to confer and provide proposed orders within 21 days, and making further orders, including as to costs, in chambers upon consideration of the proposed orders.