Ballantyne v WorkCover Authority of New South Wales (No 2)

Ballantyne commenced proceedings in the Administrative Appeals Tribunal against WorkCover Authority of New South Wales, seeking a review of an Arbitrator's decision to deny compensation under section 352(2) of the Workplace Injury Management & Workers Compensation Act 1998. The Tribunal found in favour of the Authority and Ballantyne appealed to the Civil and Administrative Tribunal, which found in favour of Ballantyne and the matter was remitted back to the Administrative Appeals Tribunal. WorkCover Authority of New South Wales appealed to the Supreme Court of New South Wales. The court had to determine the scope of the jurisdiction of the Administrative Appeals Tribunal and the Civil and Administrative Tribunal in relation to decisions made by the Arbitrator and whether the decision of the Arbitrator was correct.

The court held that the Administrative Appeals Tribunal and the Civil and Administrative Tribunal had jurisdiction to review the decision of the Arbitrator. The court held that the decision of the Arbitrator was not made in accordance with the law as it failed to consider relevant evidence and made an error in its interpretation of section 145 of the Workers Compensation Act 1987. The court held that Ballantyne was entitled to compensation and the decision of the Arbitrator was revoked.

The court ordered that the decision of the Arbitrator dated 15 March 2005 is revoked. The matter is remitted back to the Administrative Appeals Tribunal for reconsideration in accordance with the court's decision.