Pito and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Pito concerning a claim for compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the SRC Act). Comcare had opposed Mr Pito's claim. The AAT ultimately set aside a previous decision and ordered that compensation be paid to Mr Pito pursuant to section 14 of the SRC Act.

The primary legal issue before the AAT was whether Mr Pito was entitled to compensation under section 14 of the SRC Act. Following the determination that compensation was payable, the AAT was required to consider the appropriate order for costs, specifically whether costs should be awarded in favour of Mr Pito pursuant to section 67 of the SRC Act.

In reaching its decision, the AAT applied the provisions of the SRC Act, including section 14 which governs the payment of compensation for an injury. The Tribunal found that Mr Pito had established his entitlement to compensation. Consequently, the AAT exercised its discretion under section 67 of the SRC Act, which permits the Tribunal to make orders for costs in favour of an applicant where it is satisfied that the applicant has been successful in their application. The AAT ordered that Comcare pay Mr Pito's costs.