Australia

My injury claim was rejected by Comcare because they say it's not work-related. Can I appeal?

60 days
Appeal deadline
AAT
Appeal body
Section 61
Relevant section
Comcare
Scheme administrator
The Short Answer

Yes, you can appeal a Comcare rejection to the Administrative Appeals Tribunal (AAT) within 60 days of receiving the decision.

What the Law Says

The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) gives injured Commonwealth employees the right to challenge Comcare’s decisions about liability for injuries.

If Comcare rejects your claim — for example, by deciding your injury is not work-related — you have a legal right to seek review of that decision.

Section 61 of the SRC Act specifically allows a person affected by a Comcare decision to apply to the Administrative Appeals Tribunal (AAT) for review.

The AAT has the power to affirm, vary, set aside or substitute Comcare’s decision after considering all relevant evidence, including medical reports and workplace records.

Statutory Text

A person who is aggrieved by a decision made under this Act may apply to the Administrative Appeals Tribunal for review of the decision.

Safety, Rehabilitation and Compensation Act 1988, s. 61 — Review of decisions

What to Do

1

Get written notice from Comcare confirming the rejection and the date it was issued.

2

Lodge an application with the AAT within 60 days of that date.

3

Include supporting documents — e.g., medical certificates, witness statements, incident reports.

4

Attend the AAT hearing (or participate remotely) and present your evidence that the injury is work-related.

5

If dissatisfied with the AAT’s decision, you may apply to the Federal Court on a question of law only.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.