Record the time to ask for reconsideration of a compensation determination
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the date the lawyer says the determination was received, calculate 30 days. List the items the page says a written request must include for it to be accepted: the date of the determination, the reason for disagreement, and any additional statement or new evidence. Note the two kinds of decision the page says cannot be the subject of a reconsideration request. Do not write the request.
- What the lawyer must review
- The lawyer decides whether the decision is a determination that can be reconsidered and whether to ask for more time. The Comcare page says the injured employee or the employer may request reconsideration of a primary determination under the Safety, Rehabilitation and Compensation Act 1988. A reconsideration is an internal review by an officer who was not involved in the primary determination. It is not a court process. A request cannot be made of a notification of an intention to make a determination, or of an administrative decision including the deemed date of injury or illness and the label of an accepted condition. The request is made within 30 days of receiving the determination, or an extension is sought. A medical practitioner or other health provider cannot request reconsideration unless the employee has given written consent. For an employee of an Australian Government agency or statutory authority, Comcare recommends a written request, although a verbal request is allowed, on the reconsideration request form or by calling 1300 366 979, sent by email to general.enquiries@comcare.gov.au or by mail to Comcare, GPO Box 9905, Canberra ACT 2601. The employer receives a copy. For a self-insured licensee, the page says the organisation or its third-party provider manages the request and the employee speaks to the case manager. An extension request explains why the 30 days cannot be met, what information will be provided, when, and its purpose. A decision on an extension cannot itself be reconsidered.
Open a jurisdiction version of this task to see which instruments apply: NSWQLDVIC
Who does what
| Role | What they do |
|---|---|
| Assistance | From the date the lawyer says the determination was received, calculate 30 days. List the items the page says a written request must include for it to be accepted: the date of the determination, the reason for disagreement, and any additional statement or new evidence. Note the two kinds of decision the page says cannot be the subject of a reconsideration request. Do not write the request. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Count 30 days from receipt, not from the date printed on the determination, unless the lawyer says those are the same day.
- Do not include a notification of intention, a deemed date of injury, or the label of an accepted condition, as the subject of the request.
- Do not draft the reasons. List the date, the need for reasons, and any new evidence the lawyer has identified.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Covering letter for NIISQ internal review of eligibility or treatment, care and support | Letter | AI use Yellow | Covering letter for the NIISQ internal review form, with eligibility and treatment, care and support kept apart. |
| Lifetime Care eligibility dispute, and request to review an assessment panel decision | Letter | AI use Yellow | Letter disputing a Lifetime Care eligibility decision, with a separate written request to review an assessment panel decision on the four grounds the icare page lists. |
| Review form (SIRA): ask the insurer to review a work capacity or liability decision | Form | AI use Yellow | Link to SIRA's review form. |
| Request to a scheme insurer for written reasons and the documents relied on | Letter | AI use Yellow | A letter asking a statutory insurer for the reasons for a decision and the documents relied on, using the request that exists for that scheme, with a cover for the Transport Accident Commission informal review form. |
| Response to an insurer's denial of liability | Letter | AI use Yellow | A letter identifying an insurer's denial, stating the facts the client disputes, asking for reconsideration, and listing documents still missing. |
| Request for a review of a New South Wales motor accident or workers compensation decision | Letter | AI use Yellow | A New South Wales letter asking a motor accident insurer for an internal review, or a workers compensation insurer for a review under section 287A. |
| Covering letter for an application to review a Queensland workers' compensation decision | Letter | AI use Yellow | A covering letter for the approved application to the Workers' Compensation Regulator, with draft grounds, the documents to be considered, and a request for reasons where the notice gave none. |
| Covering letter for a Workplace Injury Commission conciliation application | Letter | AI use Yellow | Covering letter sent with a Workplace Injury Commission Application for Conciliation. |
| Application for claim review (Workers' Compensation Regulator Form 542.3) | Form | AI use Yellow | Link to Form 542.3, version 6, the approved application for review under section 542, on which the applicant states the grounds and signs. |
| Workplace Injury Commission application for conciliation: completion guide | Form | AI use Yellow | Guide to the Workplace Injury Commission application for conciliation, including the 60-day period, the documents to attach, and the signature and authorisation in section 5. |
| VCAT review of a TAC decision: application completion guide | Form | AI use Red | Guide to asking VCAT to review a TAC decision, using the TAC page's 12-month period and VCAT's Application for Review of a Decision in the Review and Regulation List. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.