JMLW and Comcare (Compensation)

This matter concerned an application by JMLW (the Applicant) against Comcare (the Respondent). The Applicant sought review of a decision made by the Respondent concerning his entitlement to compensation. The proceedings were heard by Ms S Taglieri SC, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the Respondent, by affirming a reviewable decision that the Applicant no longer suffered the effects of a compensable injury, could retrospectively negate earlier determinations that had entitled the Applicant to receive payments for household services expenses. Specifically, the Tribunal had to determine if such an affirmation could operate in contradiction to past determinations that had not been subject to review.

The Tribunal considered the authority of *Hannaford v Comcare*, cited by the Respondent. While *Hannaford* affirmed the Australian Administrative Tribunal's (AAT) power to make subsequent findings of fact and allow for progressive, evolving decision-making under the *Safety, Rehabilitation and Compensation Act 1988* (Cth), the Tribunal found that *Hannaford* did not address the specific contention raised by the Respondent. The Tribunal distinguished the present case by noting that *Hannaford* did not involve a situation where affirming a reviewable decision to cease liability for compensation could operate retrospectively and contradict prior, unreviewed determinations. The Tribunal highlighted that the *Hannaford* decision itself noted that a departure in findings of fact did not necessarily affect previously accepted liability.

The Tribunal concluded that the Respondent's contention would create an impermissible contradiction between earlier determinations entitling the Applicant to household services expenses and a subsequent affirmation of a reviewable decision. The Tribunal found that the reasoning in *Hannaford* did not support the Respondent's argument that an affirmation could operate retrospectively to contradict past determinations.