Kaukau and Cleanaway Operations Pty Ltd (Compensation)

The applicant, Mr Kaukau, sought compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) for an injury to his right ankle, described as "right ankle inflammation and loose bodies." The respondent, Cleanaway Operations Pty Ltd, raised a defence under section 7(7) of the SRC Act, alleging the applicant had made wilful and false representations regarding a previous injury to his right ankle. The matter came before Deputy President Boyle of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had suffered an "injury" as defined by the SRC Act, specifically whether his condition constituted an aggravation of a pre-existing injury that arose out of or in the course of his employment. Furthermore, the Tribunal had to consider whether the respondent had successfully established the defence under section 7(7) of the SRC Act, meaning the applicant had made wilful and false representations about his previous ankle condition. Finally, the Tribunal needed to ascertain if the injury resulted in an incapacity for work.

Deputy President Boyle found that the applicant did roll his ankle as claimed on 29 October 2019, resulting in an aggravation of a pre-existing condition that arose out of or in the course of his employment. This satisfied the definition of an injury under section 5A(1)(c) of the SRC Act. The Tribunal preferred the medical evidence supporting the applicant's claim over that of the respondent, finding that the applicant had not made wilful and false representations regarding his previous injury, thus the defence under section 7(7) was not made out. The Tribunal also found, based on medical certificates, that the injury resulted in an incapacity for work.

Consequently, the Tribunal set aside the respondent's decision and substituted a new decision finding the respondent liable to pay compensation under section 14 of the SRC Act in respect of the applicant's right ankle injury.