We would once again like to encourage members to reach out to us as soon as reasonably possible for any assistance they may require for industrial/legal advice and assistance. This places us in the best position to assist you in relation to your matter.
We especially encourage members to be aware of certain timeframes for specific matters. With this in mind, we provide the following information regarding common deadlines:
While they are no time limits to lodge a Comcare claim for psychological or physical injury, we strongly advise members, as a rule of thumb, to do so sooner rather than later.
As the lodgement of a Comcare claim requires documentation in support of the claim, it is generally best to lodge a claim after you have met the checklist requirements. For more information regarding the evidence required for lodgement of a claim, please visit: https://www.comcare.gov.au/claims/making-a-claim/workers-compensation
Request for Reconsideration
If you are not satisfied with the outcome of your Comcare claim, or you would like to make a variation to your claim, a request for reconsideration of the decision can be made. A request for reconsideration should be submitted within 30 days of receipt of an outcome determination, however a request for extension of time can be made at any point after the original determination, including after the 30-day period has lapsed.
We again strongly encourage members to lodge their request sooner rather than later.
Administrative Appeals Tribunal
If after the Reconsideration Request, you receive a response (referred to as a ‘Determination’) that you are not satisfied with, you may apply to the AAT to have the decision reviewed.
The time limit to apply for a review by the AAT is 60 days after you are given notice of the decision. An extension of time can be made after notice of the Determination and should be done as soon as possible.
In matters where an employee has been terminated and wishes to make an application to the Fair Work Commission for adverse action, the lodgement time limit is 21 days after dismissal. If the application is not lodged within that timeframe, the Fair Work Commission very rarely extends the time to allow an application to be accepted.
In matters where an employee has been subjected to adverse action because they have a workplace right, or have exercised a workplace right which caused dismissal, and wishes to make an application to the Fair Work Commission, the lodgement time limit is 21 days after dismissal. If the application is not lodged within that timeframe, the Fair Work Commission very rarely extends the time to allow an application to be accepted.
In matters where an employee has been subjected to adverse action but has not been terminated the application must be made within 6 years after the date the adverse action was taken.
For PRS matters, a member will be required to produce the following:
- Directed Interview / Minute Response;
- Interview / Witness Response;
- Natural Justice Response;
- Show Cause Response;
- Any document or record, and/or
- Any other response with a due date as stipulated by PRS
Generally, members will be afforded at least two weeks to provide the required information and/or documentation. We strongly encourage members to request an extension of time to PRS if they believe that they will not be able to meet the proposed deadline. For members being assisted by an AFPA representative, we are more than happy to make the extension request on behalf of the member, if they require.
For any queries relating to the above, please do not hesitate to contact the AFPA Legal and Industrial team at email@example.com or phone us on (02) 6285 1677.