¹ú²úAV

Jurisdiction of the Tribunal: The Tribunal held that in matters relating to Appendix D of the Staff Rules it has jurisdiction to determine: (i) whether the ABCC correctly followed the procedure applicable to medical claims; (ii) whether it properly directed its mind to the relevant issues; and (iii) whether the evidence on which it based its determination was adequate or flawed. The Tribunal held that it has no jurisdiction to make any such assessment and to substitute its own evaluation for the one reached by an expert body like the ABCC. Request for reconsideration: The Tribunal found that article 17(a) of Appendix D does not require a staff member seeking reconsideration of his claim to request that a medical board be convened. The Tribunal held that it is clear from the wording of articles 17(a) and 17(b) that once a request for reconsideration is received by the Administration, a medical board should be convened to reconsider the claim of a staff member. The duty of the ABCC: The Tribunal concluded that the ABCC is obliged to act on reasonable grounds and that this concept includes acting with procedural fairness. Acting fairly and with procedural propriety means providing the staff member with relevant documents like medical reports that the ABCC has relied on or would rely on for the purposes of its determination. It is also the duty of the ABCC to inform the staff member of the case he/she has to meet so that the staff member has an opportunity to provide his/her side of the case.