Appeals, variations and claims

Question

1. In relation to department/agency: a. In the current financial year to date, how many matters have been referred to Comcare? b. Of those claims referred to Comcare, redacting confidential information, advise in which division the claimant works or worked and the circumstances surrounding the claim. c. What has the Department/agency learned from past Comcare claims? d. Of those employees who submitted a Comcare claim, how many returned to work after a period of absence? 2. In relation to the department/agency: a. In the current financial year to date, how many matters have been referred to the Fair Work Commission? b. Of those matters referred to either, please provide a comprehensive account of the circumstances, redacting confidential information, including in which division the employee is or was employed, the nature of the complaint and the nature of the determination of the Fair Work Commission, Fair Work Ombudsman and/or conciliator. 3. Since 1 January 2026, has the department/agency appeared in any proceeding before the Fair Work Commission? a. If so, on what date(s)? 4. Since 1 January 2026, has the department/agency sought any variation to a determination issued by the Remuneration Tribunal? If so, on what date(s) were variations sought? 5. Since 1 January 2026, has any portfolio Minister sought any variation to a determination issues by the Remuneration Tribunal? If so, on what date(s) were variations sought? 6. Since 1 January 2026, has the Remuneration Tribunal altered any determination in respect of an officer or employee of the department/agency? If so, on what date(s)? 7. Since 1 January 2026, has the department/agency been the subject of any claim under the Scheme for Compensation for Detriment caused by Defective Administration? If so, how many claims has the department/agency been the subject of? 8. Under the Legal Services Directions, how does the department/agency consider reasonable prospects of success for an appeal? 9. Would the department/agency use a third party lawyer, that is separate to the first case, to do a sense check prior to launching an appeal?

Answer

Please see attached PDF.

Documents

• Question with answer (PDF) (opens in a new tab)
• SQ26-000771.pdf (opens in a new tab)