Hill and Comcare (Compensation)

This matter concerned an application by Mr Hill regarding the calculation of his incapacity payments, specifically relating to additional death and invalidity cover and a productivity contribution. The decision was made by Deputy S E Frost P of the Tribunal.

The primary legal issues before the Tribunal were whether certain clauses of the Trust Deed created rules that should not apply outside the Deed itself, and how the provisions of the Trust Deed regarding the Additional Death and Invalidity Cover and the Productivity Contribution should be interpreted in the context of Mr Hill's superannuation amount and employer contributions.

The Tribunal considered the relevant clauses of the Trust Deed. Regarding the Additional Death and Invalidity Cover, the Tribunal found a clear connection between the definition of 'superannuation amount' and the Trust Deed's clauses 10.3.11 and 10.3.12, which identified parts of a lump sum as attributable to Commonwealth or Commonwealth authority contributions. The Tribunal concluded that Mr Hill's circumstances were captured by this definition and that CSC had not failed in its responsibilities. The Tribunal also found that clauses 10.3.11 and 10.3.12 were consistent with clause 10.4.2, which stipulated the member's contribution to the premium, and that the fact a portion was paid by the member did not negate it being an employer contribution. Similarly, the Tribunal found that clause 4.3.1 of the Trust Deed clearly established the Productivity Contribution as an employer contribution.

Due to the manner in which the case was presented and argued, the Tribunal directed Comcare to provide a proposed form of decision consistent with the reasons within 14 days of the publication of the reasons.