O'Hara and Comcare (Compensation)

[2024] AATA 3266

O'Hara and Comcare (Compensation) [2024] AATA 3266 (30 August 2024)

Division:GENERAL DIVISION

File Number(s):     2024/2813

Re:Damon O’Hara  

APPLICANT

AndComcare  

RESPONDENT

INTERLOCUTORY DECISION

Tribunal:                Mr S. Webb, Member

Date:30 August 2024

Place:Canberra

No jurisdiction. The application is dismissed under s 42A(4) of the Administrative Appeals Tribunal Act 1975.

………[SGD]…………
Mr S. Webb, Member

Catchwords

PRACTICE AND PROCEDURE – accepted injury – claim for payment – determination – no reviewable decision – no jurisdiction

Legislation

Administrative Appeals Tribunal Act 1975 s 25, 42A

Safety, Rehabilitation and Compensation Act 1988 s 60, 64

REASONS FOR DECISION

Mr S. Webb, Member

30 August 2024

1. Comcare is liable to pay Mr O’Hara compensation in respect of an accepted injury.

2. On 3 April 2024, Mr O’Hara lodged a ‘Medical Services Claim Form’ specifying medical treatment and related expenses totalling $1,484.87.

3. On 11 April 2024, Comcare:

   (a)issued a ‘Remittance Advice’ and ‘Notice of Determination’ approving payment of medical treatment and related expenses totalling $1,175.58; and

   (b)a letter replying to an email from Mr O’Hara on 10 April 2024 (which has not been given to the Tribunal) in which he requested “reconsideration of Comcare’s letter dated 8 April 2024, which returned two accounts to you and asked you to remove redactions on these accounts prior to consideration and determination”. The letter states “This letter is not a determination, but is advice to you that Comcare is unable to process the receipts as they are currently submitted. On this basis, I am unable to undertake a reconsideration of this letter”.

4. On 7 May 2024, Mr O’Hara lodged an application for review by the Tribunal of the 10 April 2024 which he asserts is a reviewable decision.

5. On 9 May 2024, the Tribunal directed each party to make written submissions addressing the Tribunal’s jurisdiction. Time was extended. Each party provided written submissions.

6. On 13 May 2024, Comcare issued a ‘Remittance Advice’ and ‘Notice of Determination’ approving payment of medical treatment and related expenses totalling $255.30.

7. On 20 May 2024, Mr O’Hara withdrew part of his medical treatment expenses claim, namely the amount of $41 for a meal.

8. On 23 May 2024, Comcare issued a ‘Remittance Advice’ and ‘Notice of Determination’ approving payment of medical treatment and related expenses totalling $12.99.

   Consideration

9. Having considered the submissions of the parties, I am satisfied Comcare issued a determination on 11 April 2024 in respect of Mr O’Hara’s 3 April 2024 medical expenses claim. The determination accepted some, but not all, of Mr O’Hara’s medical expense claims.

10. I accept it is likely there was some disputation about redactions in receipts or accounts Mr O’Hara lodged as part of his claim. Comcare’s 8 April 2024 letter is not before the Tribunal. It is conceivable that refusing to process, consider or determine a claim on the ground that part of the relevant documentation had been redacted might be construed as an actual or implied rejection of the claim. This does not assist Mr O’Hara’s case.

11. On the available materials, there has been no request for reconsideration of the 11 April 2024 determination. Mr O’Hara’s 10 April 2024 email is not before the Tribunal, but it cannot be accepted as a request for reconsideration of the 11 April 2024 determination, which had not then been made.

12. Consequently, the application for review Mr O’Hara lodged on 7 May 2023 is not in respect of a ‘reviewable decision’ as defined in s 60 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

13. It follows, under s 64 of the SRC Act and s 25 of the Administrative Appeals Tribunal Act 1975 (AAT Act), the Tribunal’s jurisdiction is not enlivened by Mr O’Hara’s application.

14. Furthermore, on the documents provided to the Tribunal, the medical treatment and related expenses Mr O’Hara claimed on 3 April 2024 have been accepted by Comcare. If this is correct, there is a real question about the utility of the application.

15. I note the Tribunal has no jurisdiction or power in respect of administrative arrangements for the payment of compensation or related matters involving claims for payment of interest for example.

    Decision

16. The Tribunal finds there is no jurisdiction and dismisses the decision under review pursuant to s 42A(4) of the AAT Act.

I certify that the preceding 16 (sixteen) paragraphs are a true copy of the reasons for the decision herein of Member S. Webb.

...[SGD].....

Associate

Dated: 30 August 2024

Date(s) of hearing:	On the Papers
Date final submissions received:	22 July 2024
Applicant:	Self Represented
Solicitors for the Respondent:	Jamie Watts, Australian Government Solictors