The words in a Comcare letter

The Commonwealth scheme runs on the Safety, Rehabilitation and Compensation Act 1988. Its letters use a small, precise vocabulary, and the difference between two of the words decides whether anything can be disputed at all.

Each phrase below gives three things: what it means in plain English, where it is defined so you can read the source yourself, and what it does not decide. That last line is the one that matters most, because most of the damage these letters do comes from reading a decision about one thing as a decision about everything.

This page describes published rules. It does not say anything about your claim. Nothing here means you have, or do not have, an entitlement. Only the scheme, an insurer or a court decides that, and a lawyer can tell you how the rules apply to your situation.

8 phrases, decoded

"determination"

In plain EnglishAny decision Comcare or a licensee makes on your claim that the Act lists as a determination. It is the thing you can ask to have reconsidered.

Where it is definedSafety, Rehabilitation and Compensation Act 1988 (Cth) s 60(1), which lists the provisions a determination can be made under. s 61(1) requires a written notice setting out the terms of the determination, the reasons for it, and a statement that the claimant may request a reconsideration under s 62(2).

What this does not decideIt is not final, and it is not every letter. Comcare's own page lists things that cannot be reconsidered, including a notification of an intention to make a determination and administrative decisions such as the deemed date of injury or the label given to an accepted condition.

"notification of an intention to make a determination"

In plain EnglishA warning letter, not a decision. It says what Comcare is proposing to do and invites a response first.

Where it is definedComcare, Applying for a reconsideration of a determination: this "is an opportunity for you to respond to the intention or provide additional supporting evidence", and it cannot be the subject of a request for reconsideration.

What this does not decideNothing yet. Because it is not a decision, it is not reviewable, and because it is not reviewable people often file it away. It is the point at which a response still changes the outcome without a formal dispute.

If a letter like this has arrivedOpen What happens next with this letter already ticked, and the scheme filled in.

"request for reconsideration"

In plain EnglishThe internal review step. You ask the determining authority to look at the determination again.

Where it is definedSRC Act 1988 (Cth) s 62. The request must be given to the determining authority "within 30 days after the day on which the determination first came to the notice of the person making the request, or within such further period (if any) as the determining authority ... allows" (s 62(3)(b)). The reconsideration must be done by a person other than the person who made or was involved in making the determination (s 62(4)), and the reviewer may affirm, revoke or vary (s 62(5)). Under s 62(6) and the Safety, Rehabilitation and Compensation Regulations 2019 s 11A, the decision must be made within 30 calendar days of receipt, in force from 1 April 2024 (Comcare, statutory timeframes, which also gives 20 calendar days for an initial injury claim and 60 for a disease claim, and notes the Regulations do not prescribe a deemed decision if a timeframe is missed).

What this does not decideThe 30 day figure is a time to request, not a bar: the section itself allows a further period. A decision on whether to allow an extension of time cannot itself be reconsidered.

"reviewable decision"

In plain EnglishThe outcome of a reconsideration, and the gateway to the tribunal.

Where it is definedSRC Act 1988 (Cth) s 60(1): "reviewable decision means a decision made under subsection 38(4) or section 62". s 63 requires written notice setting out the terms, the reasons, and a statement that application may be made to the Administrative Review Tribunal. s 65(4): an application to the Tribunal must be made within 60 days after service of the notice, with extension available under s 19 of the Administrative Review Tribunal Act 2024. Comcare describes the three outcomes as revoke, vary or affirm.

What this does not decideIt is not the last word, and it is not optional. Section 64(3) means that without a reviewable decision there is nothing for the Tribunal to review, so a dispute that skips this step has nowhere to go.

"reasonable administrative action taken in a reasonable manner"

In plain EnglishThis phrase comes out of the definition of injury itself. The Act says an injury does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment. Where a decision maker finds the phrase applies, there is no injury under the Act, so no liability to pay compensation arises from it. The Act gives examples: a reasonable appraisal of performance, a reasonable counselling action, a reasonable suspension action, a reasonable disciplinary action, anything reasonable done in connection with one of those, and anything reasonable done in connection with a failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit. The Act says the list is not closed.

Where it is definedSafety, Rehabilitation and Compensation Act 1988 (Cth), compilation in force 1 July 2026, s 5A. The exclusion is the closing words of the definition of injury in s 5A(1): "but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment". s 5A(2) opens "For the purposes of subsection (1) and without limiting that subsection, reasonable administrative action is taken to include the following" and then lists six paragraphs, (a) to (f). Because the words sit in the definition of injury, a condition the exclusion catches never becomes an injury for the purposes of the liability provision at s 14(1). Comcare publishes two guidance documents on the phrase, both written for decision makers rather than for claimants: considerations when applying the exclusion, which states that each limb of the phrase must be met and that the list in s 5A(2) is non-exhaustive, and injury suffered as a result of reasonable administrative action, which covers the causal test and states that the action does not need to be the sole cause. The exclusion was inserted into the Act on 13 April 2007.

What this does not decideIt is not a finding that nothing happened, and it is not a finding about anyone's conduct. There are two tests inside the phrase and the Act joins them: the action has to be reasonable, and it has to have been taken in a reasonable manner. Comcare's own guidance for decision makers says each limb has to be considered. It decides nothing under any other scheme, and nothing about cover held inside superannuation, which is judged by an insurer under a policy or by a trustee under the fund's own rules and not under this Act.

"the amount you are able to earn in suitable employment" (AE)

In plain EnglishA notional weekly figure used in the incapacity payment calculation. Compensation is worked out from normal weekly earnings less AE.

Where it is definedSRC Act 1988 (Cth) s 19. AE is the greater of "the amount per week (if any) that the employee is able to earn in suitable employment" and the amount actually earned.

What this does not decideIt is not money the employee receives, and it is not a finding that the work is available. It is the same notional device used in NSW. A reduction to nil under s 19 is not a decision that the employee is uninjured, and it does not end liability for medical treatment under s 16 or permanent impairment under s 24.

"suitable employment" (Comcare)

In plain EnglishWork the employee is suited to. The definition is different depending on whether the employee is a continuing permanent employee.

Where it is definedSRC Act 1988 (Cth) s 4(1). For a continuing permanent employee it means employment by the Commonwealth or licensee "in work for which the employee is suited having regard to" age, experience, training, language and other skills, suitability for rehabilitation or vocational retraining, whether it is reasonable to expect a change of residence, and any other relevant matter. In any other case it means "any employment (including self-employment)" having regard to the same matters.

What this does not decideIt is not the same test as suitable employment in NSW or in the Victorian scheme, even though the words are identical. Three schemes use this phrase and each defines it separately, with different consequences.

"maximum rate compensation week"

In plain EnglishThe higher rate period at the start of an incapacity claim, measured in hours rather than calendar time.

Where it is definedSRC Act 1988 (Cth) s 19(2A): the higher rate applies only while the total hours the employee has been prevented from working does not exceed 45 times the employee's normal weekly hours, after which a reduced percentage applies. Separately, s 23(1) says incapacity compensation is not payable to an employee who has reached pension age, with a 104 week carve-out under s 23(1A) for an injury suffered within 2 years of pension age, and s 23(2) excludes any period of imprisonment.

What this does not decideThe change of rate is a schedule, not an assessment. A step down at this point is not a finding that the injury has improved, and it is not a decision about liability.

Where this fits

• Comcare payments are changing: what the schedule says, and what it does not decide
• Claim pathways: each scheme's schedule, and what its end does not decide
• The Letter Decoder: all five senders

Every phrase, section number and quotation on this page was checked against the sources linked above on 14 August 2026. If something has changed since, tell us and we will fix it: contact.