Wilson and Optus Administration Pty Limited (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Wilson for a review of a determination relating to an accepted compensation claim against Optus Administration Pty Limited. Optus sought dismissal of the application, arguing that Mr. Wilson had failed to proceed with his application within a reasonable time and, in the alternative, that the application had no reasonable prospect of success.

The primary legal issue before the Tribunal was whether Mr. Wilson was entitled to compensation under the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) for an injury he claimed manifested in late 2022, given that he had already received State workers' compensation for the same injury sustained in 2019 while employed by a different entity. The Tribunal also considered the principles for dismissing an application under section 42B of the AAT Act, specifically when proceedings have no reasonable prospect of success.

The Tribunal reasoned that section 118(1) of the SRC Act precludes compensation if an employee has already recovered State workers' compensation for the same injury. Mr. Wilson claimed his injury was a flare-up of a condition stemming from a 2019 incident, for which he had received State compensation. The Tribunal found that the injury for which State compensation was paid was not separate and distinct from the injury for which Mr. Wilson sought compensation under the SRC Act, concluding it was the same injury. Therefore, compensation under the SRC Act was not payable due to the operation of section 118.

The Tribunal was satisfied that the application had no reasonable prospect of success and, pursuant to s 42B(1)(b) of the AAT Act, dismissed the application.