Watson and Comcare (Compensation)

This matter concerned an application by Mr Watson for compensation for permanent impairment and non-economic loss under the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the Act). The dispute centred on whether Mr Watson's impairment had become permanent prior to the commencement of the Act on 1 December 1988, which would render him ineligible for compensation under the Act. The decision was made by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to determine when Mr Watson's condition became permanent and whether he had developed a new impairment arising from the same injury. These determinations were crucial for assessing his entitlement to compensation under sections 24 and 27 of the Act, particularly in light of the transitional provisions governing injuries sustained before the Act's commencement.

The Tribunal considered whether section 24(2) of the Act, which outlines factors to be considered in determining permanency, applied to impairments that became permanent before 1 December 1988. While Comcare argued that section 24(2) was not in force at that time and therefore inapplicable, the Tribunal disagreed, citing binding decisions such as *Brennan* and *Department of Defence v West*. These authorities established that section 24(2) is relevant for assessing permanency even for pre-commencement impairments, as the Act's transitional provisions create new rights in respect of past events. The Tribunal also considered the Full Federal Court's interpretation of section 124(3) of the Act in *Brennan* and *Comcare v Levett*, which clarified that an employee is disentitled to compensation if they were not entitled to a lump sum under the previous 1971 Act for an impairment that became permanent before 1 December 1988.

The Tribunal affirmed the reviewable decision, finding that Mr Watson's compensable condition was permanent prior to the commencement of the Act. Consequently, the 1971 Act applied, and Mr Watson was not entitled to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (Cth).