FEDERAL COURT OF AUSTRALIA
Australian Postal Corporation v Pascoe [2005] FCA 289
WORKERS’ COMPENSATION – appeal from Administrative Appeals Tribunal – failure to undertake rehabilitation program – no reasonable excuse – whether s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) applied.
Safety, Rehabilitation and Compensation Act 1988 (Cth) s 37(7), s 5(9)
AUSTRALIAN POSTAL CORPORATION V GEORGE PASCOE AND MD ALLEN (IN HIS CAPACITY AS A MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL)
N 1360 OF 2004
MADGWICK J
15 MARCH 2005
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1360 OF 2004
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
APPLICANTAND:
GEORGE PASCOE
FIRST RESPONDENTMD ALLEN (IN HIS CAPACITY AS A MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL)
SECOND RESPONDENTJUDGE:
MADGWICK J
DATE OF ORDER:
15 MARCH 2005
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.That part of the decision of the second respondent by which it was held that s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) did not apply, so as to suspend the first respondent’s rights to compensation under that Act and to institute or continue any proceedings under that Act in relation to compensation, be set aside.
2.The second respondent be restrained from hearing the matter further on the basis that s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) Act did not apply so as to suspend the first respondent’s rights to compensation under that Act and to institute or continue any proceedings under the Act in relation to compensation.
The Court declares that:
3.In the events that have happened, s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) Act applied at all times since the reviewable decision dated 12 January 2000, so as to suspend the first respondent’s rights to compensation under that Act and to institute or continue any proceedings under that Act in relation to compensation.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1360 OF 2004
BETWEEN:
AUSTRALIAN POSTAL CORPORATION
APPLICANTAND:
GEORGE PASCOE
FIRST RESPONDENTMD ALLEN (IN HIS CAPACITY AS A MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL)
SECOND RESPONDENT
JUDGE:
MADGWICK J
DATE:
15 MARCH 2005
PLACE:
SYDNEY
REASONS FOR JUDGMENT
Madgwick J:
This is an application for relief under s 39B of the Judiciary Act 1903 (Cth) and also for an order of review under s 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) in respect of part of a decision of certain conduct of Senior Member MD Allen, sitting as a member of the Administrative Appeals Tribunal (‘the Tribunal’).
The Tribunal Member found that the first respondent, who had been an applicant for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (‘the Act’), had no reasonable excuse for failing to undertake a rehabilitation program. The context is that s 37 of the Act provides that a rehabilitation authority…
Continue reading Australian Postal Corporation v Pascoe
Sign in free to access the full text
- AGLC
- Australian Postal Corporation v Pascoe [2005] FCA 289
- Case
- [2005] FCA 289
- Decision Date
CaseChat Overview and Summary
The court considered the statutory provisions and the circumstances of the case to determine the applicability of section 37(7). It held that the section was indeed applicable and that it did suspend the respondent's rights to compensation and to institute or continue proceedings. The court found that the respondent's actions, including his engagement in litigation against the appellant, triggered the suspension of his rights. Consequently, the court set aside the decision of the second respondent, which had found that the section did not apply, and restrained that respondent from further hearing the matter on this basis. The court also declared that section 37(7) applied in the given circumstances and that it effectively suspended the respondent's rights.
Orders
Orders of the court
1. That part of the decision of the second respondent by which it was held that s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) did not apply, so as to suspend the first respondent’s rights to compensation under that Act and to institute or continue any proceedings under that Act in relation to compensation, be set aside.
2. The second respondent be restrained from hearing the matter further on the basis that s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) Act did not apply so as to suspend the first respondent’s rights to compensation under that Act and to institute or continue any proceedings under the Act in relation to compensation.
The Court declares that:
3. In the events that have happened, s 37(7) of the
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
Full text does not contain this section.