List member Cate Hartigan appeared for the respondent in the above case. The respondent had refused the applicant’s application under s542(3) of the WCRA for an extension of time to review WorkCover’s decision to reject an application for compensation for a psychiatric or psychological disorder. The Court rejected arguments advanced by the applicant that the respondent’s decision was affected by error as to the test for “special circumstances” and otherwise took into account irrelevant circumstances or failed to take into account relevant ones, and improperly applied a policy.
See the decision here: http://archive.sclqld.org.au/qjudgment/2016/QSC16-311.pdf