McDonald and Comcare (Compensation)

This matter concerned an appeal by Mr McDonald against a decision by Comcare regarding his entitlement to compensation for household services. The dispute centred on the application of transitional provisions within the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) to a compensable injury sustained prior to the commencement of that Act. The decision was made by Deputy President K Bean.

The primary legal issue before the court was whether Mr McDonald, whose injury predated the SRC Act, was restricted to compensation of a type that would have been payable under the previous legislation, or if his entitlement to a particular type of compensation arising after 1 December 1988 was to be determined by direct reference to the SRC Act. Specifically, the court considered whether the transitional provisions, particularly section 124 of the SRC Act, created an impediment to a claim for gardening services made after 1 December 1988.

Deputy President Bean reasoned that as Mr McDonald's claim for gardening services was made in 2013 and related entirely to a period after 1 December 1988, the transitional provisions did not act as a barrier. The court determined that Mr McDonald's entitlements under section 29 of the SRC Act were to be assessed by reference to whether he satisfied the requirements of that provision for the period in question.

Accordingly, the court decided that Mr McDonald was entitled to have his claim for gardening services relating to a period after 1 December 1988 determined under section 29 of the SRC Act, and that section 124 of the SRC Act did not prevent the success of such a claim.