Singh and Australian Postal Corporation

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2011] AATA 370

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2010/2516 &

GENERAL ADMINISTRATIVE DIVISION		)                2010/3341
Re		Kushma Singh

Applicant

And Australian Postal Corporation

Respondent

DECISION

Tribunal

M D Allen, Senior Member

Dr T K Austin AM, Member

Date31 May 2011

PlaceSydney

Decision The decisions under review are AFFIRMED.

.................[sgd]..................

Presiding Member

Note:  A rehabilitation program that is being provided to a person under this section might cease if the person is also provided with rehabilitation under the MRCA (see section 18 of the CTPA).

(2A)  A determination under subsection (1) is not a legislative instrument.

(3)  In making a determination under subsection (1), a rehabilitation authority shall have regard to:

(a)  any written assessment given under subsection 36(8);

(b)  any reduction in the future liability to pay compensation if the program is undertaken;

(c)  the cost of the program;

(d)  any improvement in the employee's opportunity to be employed after completing the program;

(e)  the likely psychological effect on the employee of not providing the program;

(f)  the employee's attitude to the program;

(g)  the relative merits of any alternative and appropriate rehabilitation program; and

(h)  any other relevant matter.

(4)  The cost of any rehabilitation program provided for an employee under this section shall be paid by the relevant authority in relation to that employee.

(5)  Where an employee is undertaking a rehabilitation program under this section, compensation is not payable to the employee under section 19 or 31 but:

(a)  if the employee is undertaking a full-time program--compensation is payable to the person of an amount per week equal to the amount per week of the compensation that would, but for this subsection, have been payable under section 19 if the incapacity referred to in that section had continued throughout the period of the program; or

(b)  if the employee is undertaking a part-time program--compensation is payable to the employee of such amount per week as the relevant authority determines, being an amount not less than the amount per week of the compensation that, but for this subsection, would have been payable to the employee under this Act and not greater than the amount per week of the compensation that would have been payable under paragraph (a) if the employee had been undertaking a full-time program.

(7)  Where an employee refuses or fails, without reasonable excuse, to undertake a rehabilitation program provided for the employee under this section, the employee's rights to compensation under this Act, and to institute or continue any proceedings under this Act in relation to compensation, are suspended until the employee begins to undertake the program.”

6.Whereas the Applicant has sought review of the decision that she was capable of physically undertaking the rehabilitation program, namely the Application lodged on 21 June and given number 2010/2516, the matter before us proceeded predominantly on the basis that she had a reasonable excuse for not undertaking the said rehabilitation program…