Taylor and Comcare (Compensation)

This matter concerned an application by Dr Taylor to the Administrative Appeals Tribunal (AAT) for review of a decision by Comcare to deny her workers' compensation claim. Comcare had denied the claim on the basis that Dr Taylor's condition, described as depression and anxiety with suicidal ideation and an eating disorder, was the result of reasonable administrative action taken in a reasonable manner by her employer, the Department. The AAT was required to determine whether its discretion to dismiss Dr Taylor's application under section 42A(5) of the *Administrative Appeals Tribunal Act 1975* was enlivened, and if so, whether dismissal was the appropriate remedy.

The court considered whether Dr Taylor had failed to proceed with her application within a reasonable time and failed to comply with Tribunal directions. The AAT noted that Dr Taylor had only complied with one of the initial directions made in March 2019, and despite numerous variations of these directions over a period of approximately twelve months, she had failed to provide any substantive evidence to advance her application. The Tribunal also considered the objectives of the AAT Act, including providing a fair, just, economical, informal, and quick mechanism of review, and ensuring proportionality to the importance and complexity of the matter.

The Tribunal found that Dr Taylor had failed to proceed with her application in a reasonable or timely manner, having not taken any substantive step to advance it for almost a year since the initial directions were made. Despite multiple extensions and accommodations for her personal circumstances, delayed document production, and other litigation, Dr Taylor had not complied with her obligations. The Tribunal concluded that it could not be satisfied that Dr Taylor would comply with any future directions, and therefore, its discretionary power to dismiss the application had been enlivened and should be exercised.

The Tribunal dismissed Dr Taylor's application without proceeding to review Comcare's decision.