I’m seeking a worker’s compensation decision review. I know this issue has come up in the past and will likely affect people in the future, so I’m wondering whether if I’m successful my review will become a precedent and force the government to apply this to everyone else?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Alison Christou, Brisbane 4000 QLD
- The decision that you seek to have reviewed will be looked at only in relation to your particular issues and circumstances. This is understandable. The last thing that most citizens want when seeking review or appeal of a decision is a ‘one size fits all’ whitewash. In fact this might be perceived as the essential problem in the first place!
- What is valuable about public law in general however is that it tends to shine a light on the actions and inaction of government bodies. If enough people utilise administrative law mechanisms to overturn injustice within a department then eventually things tend to change. A repeated problem will be scrutinised and where necessary decision-making processes will be fixed. In some cases whole segments of legislation (written law) have had to be changed to stop government injustice from occurring again. While change might not be immediate there are well-documented benefits that flow to citizens when justice is pursued through administrative law.
- Even if your individual matter is not decided in your favour don’t forget that there are complaints and ombudsman mechanisms that you can pursue to air your grievances. These will generally not lead to a change of decision but give important information to impartial parties about the government’s flaws.