FEDERAL COURT OF AUSTRALIA
Australian Postal Corporation v Oudyn [2003] FCA 318
ADMINISTRATIVE LAW – jurisdiction of the Administrative Appeals Tribunal – compensation of Commonwealth government employees – Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether a decision to cease compensation under s 14 precludes a claim for permanent impairment under s 24 – whether a reviewable decision made under s 60
Administrative Appeals Tribunal Act 1975 (Cth) ss 3(2)(a), 44
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14, 15, 24, 60, 62, 64, 69Lees v Comcare [1999] FCA 753; (1999) 56 ALD 84 considered
Plumb v Comcare (1992) 39 FCR 236 (FC) citedAUSTRALIAN POSTAL CORPORATION v HENDRIKUS JOSEPHUS OUDYN
Q30 OF 2002AUSTRALIAN POSTAL CORPORATION v D W MULLER IN HIS CAPACITY AS A SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL AND HENDRIKUS JOSEPHUS OUDYN
Q120 OF 2002COOPER J
BRISBANE
10 APRIL 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q30 OF 2002
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
APPLICANTAND:
HENDRIKUS JOSEPHUS OUDYN
RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q120 OF 2002
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
APPLICANTAND:
D W MULLER IN HIS CAPACITY AS A SENIOR MEMBER
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
FIRST RESPONDENTHENDRIKUS JOSEPHUS OUDYN
SECOND RESPONDENTJUDGE:
COOPER J
DATE OF ORDER:
10 APRIL 2003
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1. The application in proceedings Q30 of 2002 is dismissed.
2.The applicant pay the respondent’s costs of and incidental to the proceedings in Q30 of 2002, including reserved costs, if any, to be taxed if not agreed.
3.The application in proceedings Q120 of 2002 is dismissed.
4.The applicant pay the respondents’ costs of and incidental to the proceedings in Q120 of 2002, including reserved costs, if any, to be taxed if not agreed.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q30 OF 2002
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
APPLICANTAND:
HENDRIKUS JOSEPHUS OUDYN
RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
Q120 OF 2002
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
APPLICANTAND:
D W MULLER IN HIS CAPACITY AS A SENIOR MEMBER
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
FIRST RESPONDENTHENDRIKUS JOSEPHUS OUDYN
SECOND RESPONDENT
JUDGE:
COOPER J
DATE:
10 APRIL 2003
PLACE:
BRISBANE
REASONS FOR JUDGMENT
BACKGROUND
At all relevant times Hendrikus Oudyn (“Mr Oudyn”) was an employee of the Australian Postal Commission (“APC”). On 2 August 1999, Mr Oudyn was injured in the course of his employment. As required by ss 53 and 54 of the Safety Rehabilitation and Compensation Act 1988 (Cth) (“the Act”), he gave the requisite notice and lodged a written “Claim for Rehabilitation and Compensation” in the approved form. Attached to the claim form were details of the medical expenses incurred by him to the date of the claim (5 August 1999). Mr Oudyn was off work for a short period of time and then returned to work on…
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- Case
- [2003] FCA 318
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the AAT had jurisdiction to review Mr Oudyn's claim for compensation under Section 24 of the Act and whether such a claim could be made in the absence of a prior determination of liability under Section 14. APC argued that the decision of the claims manager that no further entitlement to compensation existed under Section 14 necessarily included a determination that there was no permanent impairment. Therefore, they contended that the AAT did not have jurisdiction to review Mr Oudyn's subsequent claim for lump sum compensation under Section 24, as no liability to pay compensation under Section 14 had been established. APC further argued that the claim for compensation under Section 24 was not a reviewable decision as it had not been assessed at the primary or reconsideration levels.
The Federal Court held that the AAT did indeed have jurisdiction to review Mr Oudyn's claim for compensation under Section 24. The Court found that the AAT's conclusion that Mr Oudyn was entitled to make a claim for permanent impairment and that the AAT had jurisdiction to review this matter was correct. The Court disagreed with APC's interpretation of the decision in Lees v Comcare, which it found did not support the proposition that a determination by a Claims Manager that the effects of the claimant's injuries had ceased barred the employee from claiming other compensation benefits. The Court also noted that the claim for compensation under Section 24 involved a re-evaluation of the earlier decision, thereby providing a basis for the AAT's review. As a result, the Court dismissed APC's application and ordered them to pay the respondents' costs.
Orders
Orders of the court
1. The application in proceedings Q30 of 2002 is dismissed.
2. The applicant pay the respondent’s costs of and incidental to the proceedings in Q30 of 2002, including reserved costs, if any, to be taxed if not agreed.
3. The application in proceedings Q120 of 2002 is dismissed.
4. The applicant pay the respondents’ costs of and incidental to the proceedings in Q120 of 2002, including reserved costs, if any, to be taxed if not agreed.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: COOPER J
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