O'Sullivan and P & O Maritime Services Pty Ltd (Compensation)

This decision concerns a request by Mr O’Sullivan for the referral of questions of law to the Federal Court of Australia, arising from proceedings before the Administrative Appeals Tribunal (AAT). Mr O’Sullivan had lodged a claim for compensation in respect of a back injury sustained on 16 December 1993 while working as a Greaser on a vessel. The dispute has a lengthy and complex procedural history, involving previous decisions by the District Court of Western Australia, the AAT, the Federal Court, and the High Court. The immediate issue before the AAT Member was Mr O’Sullivan's request for referral, not the substantive compensation claim itself.

The primary legal issue before the Tribunal was whether to exercise its discretion to refer questions of law to the Federal Court. Mr O’Sullivan sought to test whether, for the purposes of his compensation claim, he could be compelled under the *Seafarers Rehabilitation and Compensation Act 1992* (SRC Act) to provide information relating to his medical history and employment outside the maritime industry. He asserted that the SRC Act, and specifically section 67 concerning the employer's power to request information, was confined to the maritime industry and that any attempt to obtain other information was in excess of power. This was linked to a broader assertion regarding the Tribunal's powers under section 33 of the *Administrative Appeals Tribunal Act 1993* (AAT Act).

The Tribunal Member determined that the question Mr O’Sullivan sought to refer was too broad, hypothetical, and imprecise to constitute a properly formulated question of law for referral. While acknowledging the existence of jurisdiction for the substantive application, the Member found that the specific request for referral did not meet the necessary criteria. The Member analysed section 67 of the SRC Act, which permits an employer to request information or documents relevant to a claim, or an authority to obtain them, if the claimant has such information or can obtain it without unreasonable expense or inconvenience. The Member also considered section 33 of the AAT Act, which grants the Tribunal discretion over its procedure and allows it to require parties to provide further information. Ultimately, the Member concluded that the request for referral was not justified and declined to exercise the discretion to refer the matter to the Federal Court.