Webeck and Comcare (Compensation)

This matter concerned an application by Mr Webeck for review of Comcare's decision to refuse his claims for compensation, specifically in relation to lace-less shoes and household and/or attendant care services. Mr Webeck had sustained injuries to his lower back in 1980 and 1983, for which liability was accepted. The dispute before the Tribunal, presided over by Mr S. Webb, Member, centred on the applicable legislation and transitional provisions governing Mr Webeck's claims for compensation arising from these pre-1988 injuries.

The primary legal issue before the Tribunal was whether the transitional provisions of Part X of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) applied to Mr Webeck's claims, entitling him to have his compensation assessed under the *Compensation (Commonwealth Government Employees) Act 1971* (1971 Act). Mr Webeck argued that because his injuries occurred before the commencement day of Part X of the SRC Act, sections 123A and 128 of the SRC Act preserved his rights under the 1971 Act, and that section 124 of the SRC Act excluded the application of certain provisions of the SRC Act, such as section 39, to his claims.

The Tribunal rejected Mr Webeck's construction of the legislation. It found that his interpretation of sections 123A, 124, and 128 of the SRC Act, and the continuing applicability of the 1971 Act, was inconsistent with the statutory text and the operation and purposes of the transitional provisions within Part X of the SRC Act. The Tribunal concluded that Mr Webeck's arguments lacked legal authority and that his application for a summary decision to set aside and remit the decision under review for reconsideration under Part X could not be accepted. Consequently, the interlocutory application was refused.