ARTICLE · 23 APRIL 2009

Decision Explains Meaning Of ‘Mistake’ And ‘Reasonable Cause’

DLA Piper Australia

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Re "Ronald Maxwell Heneker and Comcare" [2008] AATA 1088 was an application for review of a decision made by Comcare rejecting a claim for compensation.

AustraliaEmployment and HR

Caroline Knight

Re Ronald Maxwell Heneker and Comcare [2008] AATA 1088 was an application for review of a decision made by Comcare rejecting a claim for compensation. The Tribunal's decision is specifically in relation to the threshold issue as to whether Mr Heneker's claim can be considered in circumstances where it is out of time.

Background

Mr Heneker was an employee of the Commonwealth Railways (the Railways), where he worked as a fitter between 1951 and 1959. Mr Heneker was subsequently employed by the Railways between 1975 and 1980. After an increased difficulty with his hearing over a number of years, Mr Heneker first had his hearing formally tested in 1993, which demonstrated a hearing loss of 40.2%.

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