Mitchell and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Mitchell concerning a previous decision that affirmed an earlier determination. Mr Mitchell asserted that an irregularity had affected the prior proceedings before the Tribunal. Comcare opposed the application.

The central legal issue before the Tribunal was whether an irregularity had occurred in the earlier proceedings, as alleged by Mr Mitchell, and if so, what the consequences of such an irregularity would be for the previous decision. The Tribunal was required to determine the scope and application of section 42B of the *Administrative Appeals Tribunal Act 1975* (Cth) in the context of Mr Mitchell's claim.

Deputy President Rayment Oam Kc P reasoned that section 42B of the *Administrative Appeals Tribunal Act 1975* (Cth) provides a mechanism for the Tribunal to set aside a decision if it is satisfied that an irregularity has occurred that has caused or may cause substantial injustice. However, the Tribunal found that Mr Mitchell had not established that any irregularity had occurred in the earlier proceedings. Consequently, the application for dismissal of the previous decision was refused.