S-LAW311 - Explain the AAT Tribunal Procedures - Law Assignment Help

Assignment Task

TASK
You will be required to consider a fictional problem scenario, based loosely on an amalgamation of several real cases (names and all identifying details changed) (detailed below). Prepare a legal memorandum, addressed to the partners of “People Law”* that addresses the issues detailed below.
You should prepare your memorandum with reference to the exemplar provided in the supporting material listed below and your subject's Assessment Resources folder.

Factual Context
You are a junior lawyer working for a large plaintiff-based firm, “People Law” * based in Sydney NSW. You have just sat in on an initial new client interview with Eric Mason, in a Commonwealth workers compensation matter. You are required to provide a legal memorandum to the partners of People Law in respect of next steps in this matter. Eric Mason (“Eric”) has provided you with the following information:
Eric first commenced with Australia Post (a self-insured licensee of the Commonwealth workers compensation scheme) as a motorbike delivery postman ‘postie’, in 1985 at the age of 20 years. He was born on 1 May 1964.  During all relevant times he has lived and worked in Balmain, Sydney.
Eric’s first episode of back pain occurred on 20 December 1988 due to increased deliveries/ loads around the Christmas period.
Eric was referred by his GP to a neurosurgeon after a CT scan revealing a significant disc prolapse on the left side of the S1 nerve root at the lumbosacral level. He underwent a laminectomy and removal of the prolapsed disc material from beneath the S1 nerve root on 25 May 1991.
Eric had a further injury on 15 October 1992 when loading a ladder which was faulty at work. He continued working after a short period off work following this injury. 
Australia Post made Eric’s job redundant on 15 August 2007. He has considered himself retired since that date.

Issues to address

In your memorandum you must consider and address the following questions, supported by legislation and where relevant, caselaw:

1. Who has standing to bring an action to the Commonwealth Administrative Appeals Tribunal (“the AAT”) in respect of a workers compensation matter under the SRC Act? 

2. Following on (issue 1), at what point does a party have standing to bring an action to the Commonwealth Administrative Appeals Tribunal in respect of a workers compensation matter under the SRC Act?

3. Explain the delegated authority of the self-insurer, Australia Post to legally take part as a licenced worker’s compensation insurer in the Commonwealth compensation system that gives it standing at the AAT.

4. Explain the AAT Tribunal procedures and expectations pursuant to procedural fairness, legislation and case law.

5. What legal avenues are available to appeal from the AAT if the parties are dissatisfied? Explain your answer in terms of the concept of judicial review.

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