Australian Industry Development Corporation v Boyd - [1990] FCA 96

Re: AUSTRALIAN INDUSTRY DEVELOPMENT CORPORATION
And: BEVERLEY JUNE BOYD
No. ACT G47 of 1988
FED No. 96
Workers' Compensation

COURT

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
Neaves J.(1)

CATCHWORDS

Workers' Compensation - Commonwealth employees - Employee of Commonwealth authority - Employee suffering from reactive depression - Aggravation of disease due to being informed employment with Commonwealth authority no longer available - Employment subsequently terminated - Right to return to Australian Public Service - Whether employment a contributing factor to aggravation of disease.

Administrative Appeals Tribunal Act 1975 (Cth), s.44(1) Compensation (Commonwealth Government Employees) Act 1971 (Cth), ss.5(11), 7(6), 27, 29, 31(4), 46

Australian Industry Development Corporation Act 1970 (Cth), s.35

Officers' Rights Declaration Act 1928 (Cth), s.6

HEARING

CANBERRA

#DATE 21:3:1990

Counsel for the applicant : Mr H.D. Sperling, QC

and Mr D.G. Nock

Solicitors for the applicant : Mallesons Stephen Jaques

Counsel for the respondent : Mr K.J. Crispin, QC

and Mr R.L. Crowe

Solicitors for the respondent : Pamela Coward & Associates

ORDER

1. The appeal be allowed.

2. The decision of the Administrative Appeals Tribunal

be set aside.

3. The determination made on 17 September 1987 by a

delegate of the Commissioner for Employees' Compensation be affirmed.

4. The respondent pay the applicant's costs of the

appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

The applicant, Australian Industry Development Corporation ("the Corporation"), has applied to this Court by way of appeal pursuant to sub-s.44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision made on 13 September 1988 by the Administrative Appeals Tribunal ("the Tribunal") constituted by a Senior Member. The Tribunal had before it an application by Beverley June Boyd ("the respondent") to review a determination made under the Compensation (Commonwealth Government Employees) Act 1971 (Cth) on 17 September 1987 by a delegate of the Commissioner for Employees' Compensation ("the Commissioner"). By that determination the delegate rejected a claim for compensation made by the respondent against the Corporation. The Tribunal set aside the determination made on 17 September 1987 and remitted the matter to the Commissioner for reconsideration in accordance with directions to the following effect:

(a) the respondent suffered an aggravation of stress-related psychiatric illness, namely reactive depression, to which her employment was a contributing factor and is partially incapacitated thereby;

(b) the respondent is entitled to be paid compensation by the Corporation for partial incapacity in a sum to be determined in accordance with the Tribunal's reasons for decision;

(c) the respondent is entitled to be paid compensation by the Corporation for her medical expenses for treatment of her reactive depression on and from 5 January 1988.

(It may be, having regard to the reasons given by the Tribunal for its decision and the significance which it placed on the events which occurred on 5 January 1987 that that date was intended rather than 5 January 1988.) The Tribunal further decided that the respondent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1990] FCA 96
Decision Date: 21 MARCH 1990

CaseChat Overview and Summary

In the matter of Australian Industry Development Corporation versus Boyd, the Federal Court of Australia was tasked with examining the circumstances surrounding an employee's claim for workers' compensation. The respondent, Mr Boyd, was an employee of a Commonwealth authority when he developed reactive depression, a condition exacerbated by the announcement that his position would not continue. His employment subsequently ended, and he sought compensation, arguing that his employment was a contributing factor to the aggravation of his disease.

The primary legal issue before the court was whether the termination of employment was a contributing factor to the aggravation of Mr Boyd's reactive depression. This involved determining whether the stress and uncertainty caused by the announcement of the non-renewal of his contract could be classified as a work-related injury under the applicable workers' compensation legislation. Another aspect was whether Mr Boyd had a right to return to the Australian Public Service, which was argued to have implications for the determination of his claim.

The court, in its decision, found that the initial determination by the Administrative Appeals Tribunal did not adequately address the specific statutory provisions relevant to the case. It was held that the tribunal had not correctly interpreted the legislation in relation to the aggravation of the employee's condition. The court emphasised that the statutory framework required a specific finding that the employment was a contributing factor to the aggravation of the disease. Since this finding was not made by the tribunal, the court set aside the tribunal's decision and affirmed the earlier determination by the delegate of the Commissioner for Employees' Compensation. The court also ordered that the respondent pay the applicant's costs of the appeal.

Orders

Orders of the court

1. The appeal be allowed.

2. The decision of the Administrative Appeals Tribunal

be set aside.

3. The determination made on 17 September 1987 by a

delegate of the Commissioner for Employees' Compensation be affirmed.

4. The respondent pay the applicant's costs of the

appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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