Iacovetta and Comcare

[2005] AATA 955

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 955

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No A2005/231

GENERAL ADMINISTRATIVE  DIVISION		)
Re		ANTONIO IACOVETTA

Applicant

And COMCARE

Respondent

DECISION

Tribunal Mr S Webb, Member

Date27 September 2005

PlaceCanberra

Decision The Tribunal decides not to extend the time in which an application can be lodged.

Mr S. Webb, Member 

CATCHWORDS

COMPENSATION – practice and procedure - extension of time in which to lodge an application – exercise of discretion – extension of time not granted

Safety, Rehabilitation and Compensation Act 1988 s 14, 16, 36, 37, 53, 54, 64, 65

Administrative Appeals Tribunal Act 1975 s 29, 33

Australian Postal Corporation v Oudyn (2003) 73 ALD 659

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541

Castellano v Inspector-General in Bankruptcy (1998) 51 ALD 254

Comcare v A’Hearn (1993) 45 FCR 441

Duong v Australian Postal Corporation [2005] FCA 991

Re Geary and Australian Postal Corporation [2001] AATA 457

Jess v Scott (1986) 70 ALR 185

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344

Maric v Comcare (1993) 17 AAR 259

Re Mulheron and Australian Telecommunications Corporation (1991) 23 ALD 309

Re Petrou and Australian Postal Corporation (1992) 25 ALD 407

Riverside Nursing Care Pty Ltd v Secretary, Department of Health and Aged Care [2003] FCA 1065

REASONS FOR DECISION

27 September 2003 Mr S Webb, Member          

1.      On 27 July 2005, Antonio Iacovetta (“the Applicant”) applied for review of a decision of Comcare, dated 27 March 2003, to reject his claim for compensation inrelation to an alleged back injury on 17 August 1999.  He also applied for an extension of time in which to lodge that application.  On 9 August 2005 the Respondent opposed the making of orders to grant the extension of time.

2.      The extension of time issue came on for hearing before me on 22 September 2005, Mr D. Richards represented the Applicant.  Mr P. Woulfe appeared on behalf of the Respondent.  The Applicant gave oral evidence.  Documents were tendered and labelled as exhibits.

facts

3.      The following information is drawn from the documents and the oral evidence of the Applicant.

4.      The Applicant is 34 years old (date of birth: 9 August 1971).

5.      On or about April 1998 he commenced employment by the Canberra Institute of Technology (“CIT”) as a Level 1 Courier.  He terminated that employment on 28 November 2000.

6.      Comcare conceded that the Applicant completed an Accident Report form in respect of an incident on 17 August 1999 in which he alleged he hurt his back while loading a station wagon, reportedly describing “sore and tenderness of lower back and hip right side” (Comcare Objection, Attachment A, p1).

7.      On 2 February 2002 Dr M. Hislop stated in a Centrelink Medical Certificate that the Applicant was suffering from “L5/S1 spondylolithesis of lower back” and was not able to work for more than 8 hours per week (Exhibit A, Item 4).