Kowal and Comcare (Compensation)

The Administrative Appeals Tribunal considered the matter of Kowal and Comcare. The dispute concerned an application for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the SRC Act). The applicant sought compensation, and the Tribunal was asked to determine the appropriate orders regarding costs.

The primary legal issue before the Tribunal was whether the applicant was entitled to an order for costs pursuant to section 67 of the SRC Act, following a decision to set aside a previous determination and order that compensation be paid under section 19 of the Act.

Member Richard West reasoned that the applicant had been successful in having the previous determination set aside and securing an order for compensation. Section 67 of the SRC Act provides that if a decision is set aside and a new decision is substituted, the applicant is generally entitled to costs unless the Tribunal determines otherwise. In this instance, there was no basis to depart from the general rule, and the applicant had demonstrated success in the proceedings.

Accordingly, the Tribunal ordered that Comcare pay the applicant's costs of and incidental to the application.