O'Donnell and K & S Freighters Pty Limited (Compensation)

This matter concerned an application by Mr O'Donnell against K & S Freighters Pty Limited for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) for a right shoulder condition. The case was remitted from the Federal Court of Australia to the Administrative Appeals Tribunal (AAT) for redetermination. The core dispute revolved around the extent of the Tribunal's review powers and whether it was confined by previous findings or limited to the date of an earlier decision.

The Tribunal was required to determine whether it was limited to the findings made at the date of the first tier decision, or if it could make its own findings as to the applicant's entitlement to compensation at the date of its own decision. A further issue was whether the decision of the Federal Court confined the Tribunal's consideration of the causation issue. The Tribunal considered whether it was appropriate to confine its review of the proceedings, particularly in light of new evidence and the fact that the previous decision had been set aside.

The Tribunal reasoned that it was not confined by the previous decision or the Federal Court's directions. It noted that the Federal Court had not made any specific directions limiting the AAT's hearing, and there was no agreement between the parties regarding the acceptance of prior findings. The Tribunal emphasised that it was exercising its jurisdiction under the SRC Act and had received new medical evidence not previously considered. It also highlighted that arrangements had been made for three medical practitioners to give concurrent evidence, indicating a comprehensive review of the evidence was intended.

The Tribunal set aside the reviewable decision of 25 June 2012. It substituted a decision that, as at 20 March 2012 and as at the date of the Tribunal's decision, the respondent was liable to pay the applicant compensation under sections 16 and 19 of the SRC Act in respect of the accepted right shoulder injury. The Tribunal also ordered the respondent to pay the cost of a specific medical procedure and granted the parties liberty to apply within seven days regarding the question of costs, otherwise ordering the respondent to pay the applicant's costs.