Huynh and Australian Postal Corporation (Compensation)

This matter concerned an application by Mr Huynh seeking review of communications from Australian Postal Corporation regarding his worker's compensation claims. Mr Huynh had lodged claims for compensation following work-related accidents in 1995 and 2001. These claims had previously been determined by the Administrative Appeals Tribunal (AAT) on 15 August 2003, which affirmed decisions to disallow his claims for injuries to his left heel, left ankle, and back. Australian Postal Corporation subsequently notified Mr Huynh of his invalidity retirement on 15 April 2004, citing medical evidence of osteoarthritis and plantar fasciitis. Mr Huynh had been in receipt of a disability support pension since 2008.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the email sent by Australian Postal Corporation on 22 September 2021. Mr Huynh contended that he continued to experience medical issues, exacerbated by subsequent motor vehicle accidents in 2017 and 2018, and remained distressed by the earlier AAT decision. Australian Postal Corporation argued that Mr Huynh's claims had been finally determined by the AAT in 2003, and that the power to review a decision could generally be exercised only once.

The Tribunal found that Mr Huynh's worker's compensation claims had been finally determined by the AAT on 15 August 2003, with liability denied under sections 14, 16, 19, and 24 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The Tribunal applied the principle that the power to review a decision is typically exercisable only once. Consequently, the Tribunal concluded that it lacked jurisdiction to review the application made on 11 November 2021, as the decision was not reviewable.

The application made by Mr Huynh on 11 November 2021 was dismissed pursuant to subsection 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that the Tribunal was satisfied the decision was not reviewable.