Shulten and Comcare (Compensation)

This matter concerned an appeal by Mr. Shulten against a decision of the Administrative Appeals Tribunal (AAT) concerning a claim for workers' compensation made against Comcare. Mr. Shulten alleged that he suffered from depression, generalised anxiety disorder, and schizophrenia, with the onset of these conditions dating back to the mid-1980s. The AAT had affirmed a decision that Comcare was not liable for Mr. Shulten's claimed conditions.

The central legal issues before the court were whether the AAT had erred in affirming Comcare's decision, particularly in light of the significant delay between the alleged onset of the psychiatric conditions and the hearing of the matter. The court also considered the implications of the applicant being self-represented and the challenges presented by applicants and witnesses with diagnosed psychiatric illnesses, including the application of section 42B of the *Administrative Appeals Tribunal Act 1975* regarding applications with no reasonable prospects of success.

The court found that the issues raised by Mr. Shulten were essentially a re-litigation of matters previously determined. It acknowledged the significant difficulties and prejudice faced by Comcare due to the prolonged period of time that had elapsed since the alleged onset of the conditions. Consequently, the court affirmed the reviewable decision.