Comcare - Australian Goverment
Comcare - Australian Goverment
Putting you first at the centre of what we do. Keeping you healthy and safe at work. Supporting you when you are harmed at work. Ensuring your scheme works and is sustainable.
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Reconsiderations & reviews

Reviews

Comcare’s Review Team independently reviews certain claim determinations for workers and employers. It is not a court process or a re-investigation of the claim. Some determinations that can be reviewed are:

  • decisions about the time allowed for a worker to apply for compensation
  • decisions to accept or reject a claim for compensation
  • decisions to stop payment of compensation
  • decisions to increase or decrease weekly payment of compensation
  • an employer’s decisions in relation to rehabilitation of a worker.

If you are not sure whether your determination can be reviewed, call the Reviews Team on 1300 366 979.

Comcare’s review service is free. However, you will need to cover the cost if you choose to ask a solicitor or another person to assist you in preparing your Request for reconsideration or Administrative Appeals Tribunal (AAT) review application. For information about a solicitor who may be able to help you, contact the Law Society in your state or territory.

Apply for a reconsideration of Comcare’s determination within 30 days of receiving the determination

The reasons for the determination made by a Claims Services Officer (CSO) help you to understand Comcare’s decision. If you do not agree with a claim determination made by Comcare, you can request a reconsideration. A Request for reconsideration can be made by either a worker or an employer.

A Request for reconsideration must be made within 30 days of receiving the determination. If you need an extension of time to lodge your Request for reconsideration, you can write to us, email us at reviews.team@comcare.gov.au or call us on 1300 366 979.

You can lodge a reconsideration request by completing a Request for reconsideration or by sending an email or letter to the Review Team at Comcare, GPO Box 9905, Canberra ACT 2601. You will need to include the following details:

  • date of the determination
  • why you don't agree with that determination
  • any new information that you may have (for example, statements, medical reports or x-rays).

Alternatively, you can lodge a review over the telephone by calling the Review Team on 1300 366 979.

What happens after I request a reconsideration?

Comcare will allocate your request to an independent Review Officer to review the claim determination. Comcare will also write to you to confirm we have received your Request for reconsideration and advise you of how long Comcare will take to review the claim determination.

Will I have an opportunity to discuss my concerns with Comcare?

The Review Officer will contact you to discuss your request and ask whether you'd like to talk with them further over the phone. In some circumstances, the Review Officer will offer you an opportunity to meet with them in person to discuss your concerns.

Whether you talk through your request on the phone or in person, this is an opportunity for you to give Comcare any additional information you think is relevant to your Request for reconsideration , or to point out particular issues or knowledge you have about the claim.

Will my employer be involved?

Your employer will receive a copy of your request and any additional information you provide during the reconsideration process. Your employer may provide comments regarding your request.

Your employer has the same rights to request a reconsideration of a claim decision. Comcare will notify you if your employer requests a reconsideration of a claim determination and will provide you with a copy of the request and any information provided by the employer.

Will the Review Officer re-investigate my claim?

A reconsideration is conducted ‘on the papers’. This means that your Review Officer will review all the documents on the claim file and any additional information you or another party have provided during the reconsideration process.

Comcare will not re-investigate your claim on review. However, if the Review Officer considers that further evidence is needed to clarify an issue before a reconsideration can be completed, the Review Officer will request additional information, and will inform you of this request. Comcare will provide you with a copy of any information it receives in the reconsideration process.

What if I need more time to provide information to Comcare?

If you would like to provide more information, but need more time to do so, you can ask your Review Officer for additional time. The Review Officer will need to know what information you intend to provide, when you will provide it by and the purpose of the information. The Review Officer will assess your request and advise you if your request is approved or not. If your request is not approved, the Review Officer will advise you of the reason.

How long will it take to complete a reconsideration?

The reviewable decision will be completed within 30 calendar days from the date we receive all information from you.

However, if circumstances arise where this timeframe will be extended, your Review Officer will inform you of the delay and reasons for it. The timeframe will be extended where you apply for an extension of time to supply more information in relation to your request, or when you tell us that you will provide more information.

The reconsideration decision

When all relevant information has been received by Comcare, the Review Officer will complete the reconsideration and issue a decision, which is known as a reviewable decision.

Your reviewable decision will be communicated by telephone and in writing.

A reviewable decision can do the following in relation to a claim determination under review:

  • affirm - the determination under review does not change
  • vary - the determination under review is changed in some way
  • revoke - the determination under review is overturned and replaced with the reviewable decision.

Email

Comcare provides the reviewable decision in writing and sends it via post. If you wish to have your reviewable decision emailed to you for quicker receipt, please provide your Review Officer with your email address either during the reconsideration process or when they advise you that your reconsideration has been completed.

What if I am not happy with the outcome of the reconsideration?

If either a worker or the employer disagrees with Comcare’s reviewable decision, then either party may apply to the AAT for a merits review of the reconsideration by lodging an Application for review.

An Application for review must be lodged with the AAT within 60 days from the day the reviewable decision is received. The details for the AAT registry closest to you will be provided in the reviewable decision.

Privacy, confidentiality and natural justice - the fine print

Comcare needs to collect and store personal information in order to review a claim determination. When you sign your claim form, you give us permission to collect, store and use your information to make decisions in relation to your claim. Comcare is obliged by Federal law to share certain information with a worker and their employer on request. Comcare can also obtain information from a worker or their employer by request under Federal law.

As part of deciding the review, the rules of natural justice means if any person potentially affected by a reconsideration who provides information to Comcare - and that information affects another person’s interests - we may need to release this information, including personal information, to them and provide them with an opportunity to respond.

If you believe that the information you provide to Comcare is covered by a genuine legal obligation of confidence, please tell us in writing. You should be aware that there may be circumstances when we still need to reveal the substance of the confidential information to another party.

Contacting the Review Team

You can call Comcare’s Reviews team on 1300 366 979, email us at reviews.team@comcare.gov.au, or visit our website at www.comcare.gov.au.

Make a complaint

If you are not happy with how we have handled your claim or Request for reconsideration , please refer to:

Further information