Blackwood v Hinder

Blackwood, the appellant, lodged an appeal against the decision of the Brisbane Industrial Magistrates Court, where the Court found Hinder, the respondent, had contravened the Workers’ Compensation and Rehabilitation Act 2003. The appellant argued that the Industrial Magistrate erred in determining the relevant knowledge of WorkCover, which extended to the knowledge of any employee under s579(b)(ii) of the Act. The Industrial Magistrate had also erred in determining a WorkCover employee had the requisite knowledge of the facts sufficient to establish the respondent’s contravention. Finally, the appellant argued that the Industrial Magistrate erred in awarding discretionary costs at a higher amount under s 158B(2) of the Justices Act 1886.

The legal issues in this appeal were whether the relevant knowledge of the Regulator or WorkCover bringing the proceeding is the correct construction to be applied under s579(b)(ii) of the Workers’ Compensation and Rehabilitation Act 2003, and whether the Industrial Magistrate erred in determining a WorkCover employee had the requisite knowledge of the facts sufficient to establish the respondent’s contravention. The Court also considered whether the Industrial Magistrate erred in awarding discretionary costs at a higher amount under s 158B(2) of the Justices Act 1886.

The Court held that the relevant knowledge of WorkCover bringing the proceeding was not the correct construction to be applied under s579(b)(ii) of the Workers’ Compensation and Rehabilitation Act 2003. The law to be applied was that which was in force at first instance. The Court found that the Industrial Magistrate erred in determining that the relevant knowledge of WorkCover extended to knowledge of any employee under s579(b)(ii) of the Act. The Court also held that the Industrial Magistrate erred in determining a WorkCover employee had the requisite knowledge of the facts sufficient to establish the respondent’s contravention. Finally, the Court held that the Industrial Magistrate erred in awarding discretionary costs at a higher amount under s 158B(2) of the Justices Act 1886. The appeal was allowed, and the orders of the Brisbane Industrial Magistrates Court were set aside. The matter was remitted to the Brisbane Industrial Magistrates Court to be heard and determined according to law.