LMFP and Comcare [2017] AATA 1512 (15 September 2017)
Key Points
- In appropriate cases, the Tribunal will release Licensees from
implied undertakings preventing them from using summonsed documents
for claims management purposes.
Background
The applicant had accepted claims for psychological and physical
injuries sustained as a result of workplace bullying. The
substantive matters before the Tribunal concerned the
reasonableness of medical treatment sought for the accepted
conditions. As part of those proceedings, Comcare summonsed the
records of the applicant's treating practitioners.
Documents which are produced as part of Tribunal proceedings are
subject to an implied undertaking, meaning that they can generally
only be used for the purpose of those proceedings and not for any
"collateral or ulterior purpose". The respondent sought
to be released from the implied undertaking over the summonsed
documents and two medical reports, so that they could be
