Parker and Comcare (Compensation)

The Administrative Appeals Tribunal considered the entitlements of Ms Parker to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act) in relation to an injury for which Comcare had accepted liability. The dispute centred on whether the Tribunal had jurisdiction to determine Ms Parker's compensation claims, particularly in light of a request for reconsideration made on 25 November 2020.

The primary legal issue before the Tribunal was whether Ms Parker's request for reconsideration on 25 November 2020 constituted a valid notice and constructive claim for an injury under section 4(3) of the SRC Act, thereby engaging the Tribunal's jurisdiction. The Tribunal also had to determine whether, if such a claim was validly made, it would amount to a primary determination requiring a reconsideration decision under section 62 of the SRC Act for the Tribunal's jurisdiction to be engaged.

The Tribunal reasoned that it possessed jurisdiction to decide Ms Parker's entitlements as of 12 February 2020 under sections 16 and 19 of the SRC Act, concerning a chronic pain syndrome injury for which Comcare had accepted liability on 13 February 2013. The Tribunal noted that a request for reconsideration might not be determinative of the jurisdictional point if it was the first time an issue was raised, potentially amounting to a primary determination.

The Tribunal directed Ms Parker to inform it within seven days if she required a further ruling regarding any alleged injury under section 4(3) of the SRC Act, providing written submissions on the basis for such notice or claim and the assertion of jurisdiction. Comcare was then to provide written submissions in reply within seven days thereafter.