Lees v Comcare [1999] FCA 753

Lees v Comcare [1999] FCA 753

The AAT does not have power on review under s 64 of the Act to determine an entitlement to compensation for permanent impairment under s 24 unless such a claim has been determined and reconsidered by the authority, resulting in a reviewable decision. The review and decision-making processes under the Act are structured and sequential, and the AAT's jurisdiction is limited to the review of identified reviewable decisions.

Jurisdiction
Australia
Judgment Date
07 June 1999
Procedural Posture
Administrative Law/workers' Compensation Appeals / Appeal From a Judge of the Federal Court and Judicial Review Order Sought in Federal Court
Outcome
Appeal in Lees v Comcare dismissed. In O'Donohue, AAT's direction as to jurisdiction set aside and declaration made against AAT's power.
Legal Topics
['jurisdiction of Administrative Appeals Tribunal' 'compensation for Permanent Impairment' 'reviewable Decisions Under Safety, Rehabilitation and Compensation Act 1988 (cth)']
['administrative Law' "workers' Compensation"] ['jurisdiction of Administrative Appeals Tribunal' 'compensation for Permanent Impairment' 'reviewable Decisions Under Safety, Rehabilitation and Compensation Act 1988 (cth)']

Case Brief

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Procedural Posture

Administrative Law/workers' Compensation Appeals / Appeal From a Judge of the Federal Court and Judicial Review Order Sought in Federal Court

Legal Issues

  1. 1 ['Does the Administrative Appeals Tribunal have jurisdiction to decide claims for permanent impairment under s 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) when such a claim has not been the subject of a reviewable decision by Comcare?' 'What is the structure and sequencing of determination and review processes under the Act?']

Ratio Decidendi

The AAT does not have power on review under s 64 of the Act to determine an entitlement to compensation for permanent impairment under s 24 unless such a claim has been determined and reconsidered by the authority, resulting in a reviewable decision. The review and decision-making processes under the Act are structured and sequential, and the AAT's jurisdiction is limited to the review of identified reviewable decisions.

Court Disposition

Appeal in Lees v Comcare dismissed. In O'Donohue, AAT's direction as to jurisdiction set aside and declaration made against AAT's power.

Orders

  • ['Appeal be dismissed (Lees v Comcare).' "Direction of the AAT dated 25 November 1998 that it had jurisdiction to determine the claim for permanent impairment under s 24 of the Act be set aside (O'Donohue)." "Declared that the AAT does not have power, in the hearing of the present appeal, to determine the second...