Alan Thomson Case Study - Australian Federal Police - Administrative Appeals Tribunal of Comcare Decision - Judicial Review - Law Assignment Help

Assignment Task:

Alan Thomson Case Study Law Assignment Help

Scenario

Alan Thomson started employment in February 2012 with the Australian Federal Police (AFP). In March 2017, Alan, while assigned to the Anti-Drugs unit of the AFP, was involved in a police operation to arrest suspected members of a drugs syndicate that was responsible for large-scale drug importations and distribution in Australia. That police operation turned violent with the police and drug members engaged in a shoot-out. During the police operation, Alan and four police officers were seriously injured. 
On 13 November 2017, Alan filed a claim with Comcare for workers' compensation due to 'depression and anxiety'. 

Comcare is a Commonwealth authority established under the Safety, Rehabilitation and Act 1988 (SRC Act) and administers the Commonwealth's workers' compensation scheme under the SRC Act and the Work Health and Safety Act 2011 (OHS Act). The Comcare scheme covers employees of Commonwealth Government agencies and statutory authorities and is characterised by a 'no-fault' scheme, an integrated and cost-effective approach to injury prevention, and occupational rehabilitation and workers' compensation.

Depression and anxiety are compensable under Comcare's Guidelines using the International Classification of Diseases and Injuries. 

On 20 November 2017, Comcare informed Alan that it needed further evidence to support his claim of 'depression and anxiety'. In particular, Comcare asked for his medical records prior to May 2012 in order to determine if he had suffered 'depression and anxiety' prior to his employment with the AFP. On 3 December 2017, Alan complied with this request. Alan's medical records showed that he had been diagnosed in 2005 as suffering from depression. 

On 6 February 2018, Comcare issued a decision denying Alan's claim for workers' compensation. According to Comcare, Alan had, at the time of seeking employment with the AFP, made a false and wilful representation that he did not suffer from depression and anxiety. Under Comcare's Guidelines: 

Compensation is not payable if an employee made a wilful and false representation, connected with their employment, that they did not suffer from a disease for which they later claim compensation. 

To be wilful there must be an intention to mislead. A false statement that arises from carelessness or mistake is not sufficient for the purpose of applying this exclusion. 
Alan asked for a reconsideration of Comcare's decision on 20 February 2018. However, two weeks later, Comcare informed Alan that it was affirming its decision having been satisfied that its decision was correct under the law and facts. 

Alan has come to you, a Solicitor, for legal advice. 

Question 1

Advise Alan whether he can apply for a merit review by the Administrative Appeals Tribunal of Comcare's decision. 

Question 2 

Assuming the AAT had jurisdiction to review the Comcare decision, advise Alan whether he could raise for the first time with the AAT a claim that he had not engaged in willful and false representation. According to Alan, he had forgotten that he had suffered from depression in 2005 as a result of a marital breakup and the loss of custody over his two young children. 

Question 3 

Assuming that the AAT has no jurisdiction to review the Comcare decision, advise Alan as to whether he can apply for judicial review. 

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