Compensation body defends $425k legal bill

Comcare, the federal workers' compensation insurer, has defended spending $425,000 on a six-year legal fight it lost against a former ABC producer.

The national workers' compensation insurer has defended splurging $425,000 of taxpayers' money on a failed six-year legal battle against an ABC staffer's bullying complaint.

Comcare top brass was grilled about the marathon court fight against Peta Martin during a Senate estimates hearing on Friday.

The insurer withdrew from the case in February and accepted liability for the claim lodged by Ms Martin, who was allegedly bullied by a producer while working for the national broadcaster in South Australia.

Comcare's acting chief executive Lynette MacLean said she believed the massive legal bills were value for money because the agency had a duty to protect the integrity of the scheme.

"I think she's been treated fairly because we've acted appropriately against the legislation," she told senators in Canberra.

Ms MacLean said Comcare pursued the matter because the complaint's success could have meant every employee getting feedback could lodge a compensation claim over the perception they were being bullied.

But she said the final court challenge, which centred on legal technicalities rather than events at the ABC, was aborted because Ms Martin gave the compensation body new information.

Labor senator Gavin Marshall clashed with Ms MacLean during the estimates hearing, grilling her over the protracted case.

"It took you six years to realise you were wrong and not to proceed," he said.

Ms MacLean said Ms Martin also lodged "many appeals" with different courts and the appeals tribunal finding in both parties' favour throughout the long battle.

"I don't actually, unfortunately, have control of the legal system and how long it takes for matters to be heard in respective courts," the acting Comcare boss said.

Senator Marshall asked Ms MacLean if Comcare had learnt anything from the six-year fight.

"You learn every day don't you, senator? So yes, we learnt from this case."


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2 min read
Published 5 April 2019 2:32pm
Source: AAP


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