Leach and Comcare (Compensation)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a claim for mental injury arising out of the applicant's employment. The central dispute revolved around the application of section 53 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth), specifically whether the applicant had provided notice of his injury as soon as practicable after becoming aware of it, and if not, whether any exceptions to this requirement applied.

The Tribunal was required to determine three key legal issues: first, whether the applicant had failed to give notice of his injury as soon as practicable after he became aware of it; second, whether the respondent, Comcare, would be prejudiced if the notice provided were treated as sufficient; and third, whether the applicant's failure to give notice resulted from ignorance, mistake, or any other reasonable cause.

The Tribunal considered the applicant's assertion that it took him 19 years to accept he had suffered mental damage and that it was a compensable injury. However, this was found to be inconsistent with the applicant's own claim form, which stated he first noticed symptoms or injury in 1996. The applicant also conceded at the hearing that he first noticed the symptoms or injury in 1996 and likely discussed his stress condition with doctors in 1997. The Tribunal found no evidence of waiver by Comcare and noted that the applicant had adequate notice that Comcare would rely on section 53. Consequently, the Tribunal concluded that the applicant had not given notice as soon as practicable and that the respondent would be prejudiced by this failure, with no cogent evidence satisfying the exceptions under section 53(c) of the Act.

The Tribunal affirmed the decision under review.