Wills and Comcare (Compensation)

This matter concerned a review by the Administrative Appeals Tribunal of a decision made by Comcare. The dispute arose from Comcare's acceptance of liability for an injury under section 14 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act), but only for a closed period. The applicant sought to challenge the validity of this "closed period acceptance" decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to review a decision under section 14 of the SRC Act that purported to limit Comcare's liability to a specific, closed period. This involved determining the scope of a section 14 determination and whether it could encompass the duration of Comcare's liability or only the initial acceptance of liability for an injury.

The Tribunal, referencing established case law including *Lees*, *Oudyn*, and *Liu*, reasoned that a section 14 determination under the SRC Act is limited to establishing Comcare's liability to pay compensation for a particular injury. The specific amount of compensation, the recipients, and the times at which liability gives rise to a present obligation are matters to be determined under other provisions of the Act. The Tribunal held that Comcare cannot, through a section 14 determination or a reconsideration thereof, bind itself in advance to reject future claims or determine that a correctly established liability has ceased and thereafter excluded all future entitlement. Such an attempt to exonerate itself from future liability by purporting to limit the acceptance to a closed period was an error as to Comcare's power.

Consequently, the Tribunal found that it lacked jurisdiction to review the decision concerning the period for which compensation was payable, as this was not a matter that could be determined under section 14. The application was therefore dismissed as lacking in substance.