McDermott and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application for reinstatement by Mr. McDermott, following the dismissal of his application for review of a decision by Comcare. The dismissal occurred due to Mr. McDermott's non-compliance with a Tribunal Direction.

The primary legal issue before the Tribunal was whether it should grant Mr. McDermott's application for reinstatement of his application for review. This required the Tribunal to consider the circumstances surrounding the non-compliance with the Direction and whether there were sufficient grounds to set aside the earlier dismissal.

Deputy President B W Rayment Oam Kc P applied the principles governing applications for reinstatement, which generally require demonstrating a valid reason for the non-compliance and that it is in the interests of justice to reinstate the matter. The Tribunal considered the reasons provided by Mr. McDermott for his failure to comply with the Direction and weighed these against the prejudice to Comcare and the efficient administration of justice.

The Tribunal refused the application for reinstatement.