Pursuant to s 81A(3)(c) and (d) of the Workers Rehabilitation and Compensation Act 1988, compensation by way of weekly payments and the cost of benefits payable under Division 2 of Part 6 of the Act are not to be paid by the employer to the worker.

Tasmanian Civil and Administrative Tribunal Act 2020 - s 125;

Workers Rehabilitation and Compensation Act 1988 - ss 69, 81A.

The decision has been anonymised for the purpose of publication.

1. On 16 July 2025 the employer filed a s 81A referral with the Tribunal disputing its liability to pay compensation to the worker in relation to an injury he had suffered at work in June of 2023. This claim had been accepted by the employer.
2. The employer's s 81A referral was based on s 69(13) of the Workers Rehabilitation and Compensation Act 1988 (the WRC Act). The employer's assertion was that it could treat a workers compensation medical certificate dated 25 June 2025, received on that day, as a claim for compensation to which s 81A applied as there was a gap of greater than 14 days between the date of the worker's last certified period of incapacity (to 22 May 2025) and the employer's receipt of the certificate dated 25 June 2025.
3. The worker has asserted that the Tribunal has no jurisdiction to hear and determine the employer's s 81A referral based on s 69(13) of the WRC Act. The worker asserts that his service of a certificate dated 22 May 2025 on that day which had been emailed by his medical service provider to the employer, removes the basis of the employer's access to s 81A by virtue of s 69(13).
4. The worker has conceded that if I find the Tribunal does have jurisdiction to hear the s 81A referral based on s 69(13), on the evidence of the employer, a reasonably arguable case can be found.
5. This decision deals only with the s 69(13) jurisdictional issue.

1. Section 69(13) of the WRC Act relevantly provides:

If the period specified in a medical certificate provided by a worker under this section expires and the worker provides a further certificate more than 14 days after the expiration of that specified period, the employer, on receipt of the subsequent certificate, may treat that certificate as a claim for compensation to which section 81A applies.

2. Section 81A of the WRC Act relevantly provides:

81A. Disputes of liability for weekly payments and other benefits > > (1) An employer who disputes liability to pay compensation by way of weekly payments for an injury referred to in section 81 (1) or benefits under Division 2 of Part VI must, within 84 days of receiving the claim for compensation in respect of the injury to the worker - > > (a) serve the worker with written notice that the employer disputes liability - > > (i) to pay compensation by way of weekly payments; or > > (ii) to pay any benefits payable under Division 2 of Part VI in respect of the injury; and > > (b) inform the worker of the reasons for disputing liability; and > > (c) refer the matter to the Tribunal. > > (2) The referral of a matter to the Tribunal is to be accompanied by - > > (a) the prescribed fee; and > > (b) all evidentiary material on which the employer intends to rely at the hearing of the matter. > > (2AA) If an employer fails to lodge evidentiary material under subsection (2)(b), the employer may not rely on that material unless the Tribunal otherwise allows. > > (3) The Tribunal must - > > (c) if the Tribunal considers that a reasonably arguable case exists concerning the liability of the employer to pay compensation by way of weekly payments, determine that compensation is not to be paid by the employer; or > > (d) if the Tribunal considers that a reasonably arguable case exists concerning the liability of the employer to pay the cost of any benefits payable under Division 2 of Part VI in respect of the injury to the worker, determine that the cost of the benefits is not to be paid by the employer.

1. The employer's s 81A referral came on before me for hearing on the morning of 7 August 2025.
2. After indicating that I was satisfied that the employer's s 81A referral had been served on the worker in accordance with the service requirements of s 125 of the Tasmanian Civil & Administrative Tribunal Act 2020 (the TASCAT Act), and had been served on the worker and filed with the Tribunal within the 84 day period prescribed in s 81A(1), the employer then put into evidence the documentary material it wished to rely in support of the s 81A referral, and made oral submissions.
3. The worker then tendered, with the consent of the employer, the documentary material he intended to rely upon and made oral submissions.
4. Given that one of the documents tendered by the employer upon which it intended to rely had been provided to the Tribunal only shortly prior to the commencement of the hearing, I reserved my decision.

1. The employer tendered into evidence, with no objection from the worker, the following documents:
   • Workers compensation claim form dated 10 August 2023 (injury June 2023);
   • Initial workers compensation medical certificate dated 20 July 2023;
   • Notice pursuant to s 81A(1)(a) and (b) dated 15 July 2025;
   • Continuing medical certificate dated 22 April 2025;
   • Covering email from Prospect Medical Complex dated 25 June 2025 with continuing workers compensation medical certificate, dated 25 June 2025;
   • Report of Dr David Ruttenberg dated 12 May 2025; and
   • Email dated 7 August 2025 at 9:58am attaching email from Prospect Medical Complex to Claire Jackson of the employer dated 29 July 2025 at 1:05pm attaching certificates dated 22 May 2025.
2. The employer's submissions were that I could be satisfied that there had been a gap of greater than 14 days between the expiration of the period of the worker's incapacity on 25 May 2025 as detailed in the certificates of 22 April 2025, and 25 June 2025, the later date being when the employer received a prescribed medical certificates bearing that date and certifying the worker as incapacitated from 25 June 2025 to 29 September 2025.
3. The employer's evidence was that it had not received an email coversheet from the Prospect Medical Complex on 22 May 2025, nor any prescribed medical certificates bearing that date on that date. The employer submitted that the first time it had received the certificates, dated 22 May 2025, was when they were provided by the worker on 29 July 2025.
4. In the employer's submission, on this basis s 69(13) had been satisfied and I was thus able to exercise jurisdiction to hear and determine the s 81A referral.

1. By consent the following documents were tendered by the worker:
   • Statutory declaration from the worker dated 6 August 2025;
   • Statutory declaration of XD dated 6 August 2025;
   • Prospect Medical Complex cover sheet dated 22 May 2025; and
   • Workers compensation continuing medical certificates dated 22 May 2025 (x 2).
2. The worker's submissions were that it was open on the evidence for me to find that the worker had, following his appointment with Dr Brunacci at the Prospect Medical Complex on the morning of 22 May 2025, received prescribed medical certificates bearing that date, and that at his request, these certificates had been emailed to the employer by the Prospect Medical Complex on that day.
3. In his statutory declaration dated 6 August 2025 which was tendered by consent, the worker declared:

9. At 9.30am on 22 May I attended Dr Brunacci for a further consultation and further medical certificate was issued > > 10. To avoid any problems, and with Dr Brunacci's permission, I asked the Prospect Medical Complex administrative staff to email the medical certificate directly to Ms Jackson. > > 11. I wrote Ms Jackson's email address on the copy of the medical certificate and gave this back to Dr Brunacci's administrative assistant. > > 12. I was told by the administrative assistant that the certificate would be emailed to Claire Jackson's email address that day.

4. The worker submitted that based on this evidence I could be satisfied that the certification of his incapacity from 25 May 2025 to 25 June 2025 had been received by the employer on 22 May 2025, being less than 14 days after the end of the previous period of prescribed incapacity (to 25 May 2025), thus removing the employer's access to the disputation provisions of s 81A by virtue of the path from s 69(13).

1. Having considered the evidence before me and the submissions put by both the employer and the worker, I am satisfied that the certificates of 22 May 2025 were not provided to the employer on that day as has been asserted by the worker. The employer's evidence is that they have no record of receipt of an email attaching medical certificates from the Prospect Medical Complex on 22 May 2025, and that the first time such certificates were received by the employer was by email on 29 July 2025 at 1:05pm.
2. I am emboldened in so finding, as the evidence demonstrates, that the worker is mistaken in his assertion that he wrote Ms Jackson's email address on the copy of the medical certificate of 22 May 2025 and gave this to his doctor's administrative assistant for emailing to Ms Jackson's email address later that day.
3. The evidence clearly shows handwriting of the email address of Ms Jackson at the employer on the top of the medical certificate dated 25 June 2025 which, with another certificate (not related to the current referral), was emailed to and received by the employer, by the Prospect Medical Complex on 25 June 2025. This was the certificate certifying the worker as incapacitated from 25 June 2025 to 25 September 2025.
4. On the evidence, this clearly establishes a 14 day gap between the certificate certifying the worker as incapacitated to 25 May 2025 and the employer's receipt of the certificates dated 25 June 2025 on that date certifying him as incapacitated on 25 June 2025 to 25 September 2025.

1. Based on my factual findings, I am satisfied that there is a gap of greater than 14 days between the employer's receipt of a certificate of incapacity for the worker dated 24 April 2025 which certified him as incapacitated for work to 25 May 2025 and the employer's receipt of a certificate dated 25 June 2025 on that day, which certified him as incapacitated between 25 June 2025 and 25 September 2025.
2. Being so satisfied, I am satisfied that I have jurisdiction to hear this s 81A referral via the pathway from s 69(13) as the employer is entitled to treat the certificate of 25 June 2025 as a claim for compensation to which s 81A relates.
3. Having made this finding, and noting the worker's concession that if such a finding was made, there was no dispute that the evidence provided by the employer in the s 81A amounted to evidence capable of satisfying me that reasonably arguable case exists, I so find.

1. Pursuant to s 81A(3)(c) and (d) of the Workers Rehabilitation and Compensation Act 1988, compensation by way of weekly payments and the cost of benefits payable under Division 2 of Part 6 of the Act are not to be paid by the employer to the worker.