Tindall and Telstra Corporation Limited (Compensation)

The dispute in *Tindall and Telstra Corporation Limited (Compensation)* concerned a notice issued by Telstra Corporation Limited (the Respondent) to the Applicant under section 57(1) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act), requiring the Applicant to attend a medical appointment. The matter came before the Administrative Appeals Tribunal (AAT).

The primary legal issues before the Tribunal were whether the section 57 notice was issued in breach of section 57(1) of the SRC Act, and whether section 57 limits attendance to only one medical practitioner.

The Tribunal found that the notice issued under section 57(1) of the SRC Act, requiring the Applicant to attend a medical appointment with Associate Professor Minister, was not in breach of the Act. Consequently, the Applicant was required to attend the medical appointment as stipulated by section 57 of the SRC Act. The Tribunal noted that it would have considered exercising its powers under section 33 of the AAT Act to direct the Applicant to attend the examination if it had found the section 57 notice to be invalid, referencing a previous AAT decision on the exercise of such powers to allow a respondent to call evidence. However, given the finding regarding the validity of the section 57 notice, this alternative direction was unnecessary.