O'Hara and Comcare (Compensation)

This matter concerned an application for review by Mr O’Hara against a decision made by Comcare. The dispute arose from Mr O’Hara's claim for medical expenses, where Comcare had accepted some but not all of the claimed amounts. The application was heard by Mr S. Webb, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr O’Hara's application for review constituted a reviewable decision under section 60 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). This required the Tribunal to determine if a formal reconsideration of Comcare's determination had been sought and refused, thereby creating a reviewable decision.

The Tribunal reasoned that Comcare had issued a determination on 11 April 2024, accepting some of Mr O’Hara's medical expense claims. While there may have been a dispute regarding redacted documentation, the Tribunal found no evidence that Mr O’Hara had requested a reconsideration of this determination. Crucially, Mr O’Hara's email dated 10 April 2024 could not be considered a request for reconsideration of a determination that had not yet been made. Consequently, the application lodged on 7 May 2023 was not in respect of a reviewable decision.

The Tribunal concluded that it lacked jurisdiction to hear the application, as it was not founded on a reviewable decision. Furthermore, the Tribunal noted it has no jurisdiction over administrative arrangements for payment of compensation or related matters such as interest claims. Accordingly, the Tribunal found there was no jurisdiction and dismissed the decision under review pursuant to section 42A(4) of the *Administrative Appeals Tribunal Act 1975*.