Turner and Comcare (Compensation)

This matter concerned an application by Ms Turner for an extension of time to request reconsideration of a determination made by Comcare. Comcare had, on 26 June 2017, determined that it had no present liability to pay compensation to Ms Turner for medical expenses, incapacity payments, or household and attendant care services under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) in relation to her condition. Ms Turner sought to request reconsideration of this determination approximately two years after it was made. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant this extension of time.

The central legal issue before the Tribunal was whether to grant Ms Turner an extension of time to lodge a request for reconsideration of Comcare's determination dated 26 June 2017. This determination had declined incapacity payments for Ms Turner's time off work between September 2016 and June 2017. The Tribunal had to consider the significant delay between the determination and the request for reconsideration, and whether there were sufficient grounds to displace the prima facie rule that claims made outside the prescribed period should not be entertained.

The Tribunal reasoned that the prima facie rule that claims made outside the prescribed period should not be entertained must be followed. It was not satisfied that the presumption against deviating from the legislated timeframe should be displaced due to the significant delay of approximately two years between Comcare's determination in June 2017 and Ms Turner's request for an extension of time in August 2019. Consequently, the Tribunal was not satisfied that an extension of time should be granted. The decision under review was affirmed.