Mununggurr and Comcare (Compensation)

The Administrative Appeals Tribunal considered a dispute between Mr. Mununggurr and Comcare concerning a claim for permanent impairment compensation. The applicant sought compensation under sections 24 and 27 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) for Post Traumatic Stress Disorder (PTSD) and Major Depressive Disorder (MDD). Comcare had accepted liability for PTSD but not for MDD.

The central legal issue before the Tribunal was whether it had the jurisdiction to determine the applicant's entitlement to permanent impairment compensation for MDD, given that Comcare had not accepted liability for this condition and it had not been the subject of the required decision-making process under the SRC Act. The Tribunal also had to consider the extent to which it could reformulate or expand upon the applicant's claim, particularly in light of previous case law.

The Tribunal reasoned that while a broad and generous interpretation of an applicant's claim is generally favoured, this approach is tempered by the need for the claim to adequately inform the decision-maker and allow for proper investigation. Citing *Comcare v Muir*, the Tribunal held that a claim confined to PTSD could not be transformed into a claim encompassing MDD, especially where liability for MDD had not been accepted by Comcare and had not undergone the statutory three-tier decision-making process. Consequently, the Tribunal concluded it lacked jurisdiction to consider permanent impairment compensation for MDD.

The Tribunal ordered that it did not have jurisdiction to consider whether the applicant was entitled to compensation under sections 24 and 27 of the SRC Act for any condition other than PTSD.