Report 13 - Commonwealth Employees' Compensation Tribunal

Commonwealth Employees' Compensation Tribunal, 1981

Summary of the report

The report was transmitted to the Government on 8 May 1981, and was tabled in the Senate on 2 June 1981.

The report discusses subjects such as: primary decision-making by the Commissioner for Employees' Compensation; the current review process; incorporation of the Commonwealth Employees' Compensation Tribunal ('CECT') into the Administrative Appeals Tribunal ('AAT'); and, modifications to AAT procedures. However, only three recommendations were contained in the report. The Council recommended that: there be a maximum 60 day time limit for the Commissioner for Employees' Compensation to make a decision; the incorporation of the CECT into the AAT; and, abolition of the existing, alternative appeal rights to prescribed State courts.

Response to the report

Most of the Council's recommendations, including the primary one that jurisdiction of the CECT be conferred upon the AAT, were implemented by Part VI of the Commonwealth Functions (Statutes Review) Act 1981. The Council's recommendation that there should be a legislative provision requiring the Commissioner to determine a matter as soon as practicable, but in any case within 60 days of lodgement of a claim, was not implemented.

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