Johns and Telstra Corporation Limited (Compensation)

This matter concerned a workers' compensation claim brought by an 80-year-old former Telstra technician against Telstra Corporation Limited. The applicant sought compensation for hearing loss and tinnitus allegedly sustained during his employment between 1959 and 2000. Telstra accepted liability for noise-induced hearing loss and provided compensation for permanent impairment, which the applicant subsequently sought to have reviewed.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the decisions made by the respondent. Specifically, the Tribunal had to determine if the initial determination of 26 April 2022, the reconsideration decision of 7 November 2022, and a subsequent email response dated 26 March 2024 constituted "reviewable decisions" under the relevant legislation.

The Tribunal found that the initial determination of 26 April 2022 was not a reviewable decision as it was a determination of a claim for permanent impairment, not a reconsideration of a prior determination. The reconsideration decision of 7 November 2022 was a reviewable decision, however, the applicant failed to lodge an application for review with the Tribunal within the prescribed 60-day time limit, and no application for an extension of time had been made. The email dated 26 March 2024 was also not considered a reviewable decision because it did not constitute a reconsideration of a determination under section 62 of the Act, nor did it affirm, revoke, or vary a decision as required by section 62(5), and it failed to provide reasons for its conclusion as mandated by section 63(b). Consequently, the Tribunal concluded it lacked jurisdiction to review any of the decisions.