Riepon and Australian Capital Territory

This matter concerned an application by Ms Riepon against the Australian Capital Territory regarding a workers' compensation claim. The dispute centred on the decision-maker's handling of Ms Riepon's claimed conditions, particularly the exclusion of a claim for "left sciatic lumbar pain" and the consideration of other hip-related conditions. The decision was made by Mr S. Webb, a Member of the Tribunal.

The legal issues before the Tribunal were whether the decision-maker had adequately considered the entirety of Ms Riepon's claim, including the condition of "left sciatic lumbar pain," and whether the reconsideration decision properly addressed the claimed injuries. Specifically, the Tribunal needed to determine if the reconsideration decision maker was confined to the conditions identified in the original claim form or if they could consider fresh diagnoses and conditions presented in subsequent medical materials.

The Tribunal reasoned that the decision-maker had a responsibility to consider all available materials and make the correct or preferable decision. It was noted that the *Safety, Rehabilitation and Compensation Act* allows for progressive decision-making, meaning that a previous decision-maker's findings do not necessarily bind a future decision-maker. Therefore, a reconsideration decision maker could consider fresh diagnoses evident in the materials before them, even if they differed from the original diagnosis, as these could illuminate the nature or contributory causes of the claimed injury. The Tribunal found that the decision maker had, in fact, considered the entirety of Ms Riepon's claim, including the "left sciatic lumbar pain," and made a determination.

While acknowledging potential criticisms of the decisions made at both the primary and reconsideration levels, the Tribunal concluded that these criticisms were not sufficient to warrant referral of the matter to the Safety, Rehabilitation and Compensation Commission or the ACT Attorney General. The Tribunal affirmed its jurisdiction to address the entirety of Ms Riepon's claim, including the claim for left sciatic lumbar pain.