Bundle v Simon Blackwood (Workers' Compensation Regulator)

[2014] QIRC 47

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

Bundle v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 047

PARTIES:

Bundle, David
(Applicant)

v

Simon Blackwood (Workers' Compensation Regulator)
Respondent

CASE NO:

WC/2014/47

PROCEEDING:

Application to waive time limitation period in s 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003

DELIVERED ON:

4 March 2014

HEARING

Matter dealt with on the papers

MEMBER:

Vice President Linnane

ORDERS  :

The time limit at s. 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 be waived.

CATCHWORDS:

Application to waive time limit in s 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 - Application granted.

CASES:

Workers' Compensation and Rehabilitation Act 2003, s 550(1)(a).

APPEARANCES:

Nil

1. This is an application by David Riley Bundle (Applicant) seeking an extension of time within which to file a Notice of Appeal (WC/2014/48).  This application and the Notice of Appeal were filed on 19 February 2014.  The Reasons for Decision of Q-COMP, now Simon Blackwood (Workers' Compensation Regulator) (Regulator), was issued on 6 November 2013.

1. Section 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 (Act) provides that any such Appeal must be brought within twenty business days after a person receives notice of the Regulator's Review Decision.  The Applicant is thus 50 business days out of time.

1. In Steven Pearce v Q-COMP[1] Hall P stated that it was "appropriate to abandon the language of 'extension of time' and to assert no more that [sic], the time limit at s 550(1)(a) of the Act may be waived on the grounds of substantial compliance or special circumstances". The Applicant thus seeks to have the time period in s 550(1)(a) of the Act waived.

   [1] Steven Pearce v Q-COMP (C/2010/64) – Decision < type="1">

2. The special circumstance grounds relied upon in this application are as follows:

   ·        on 14 February 2014 Shine Lawyers agreed to Act for the Applicant;

   ·        prior to this, the Applicant was under the mistaken view that he would require legal representation if he was to appeal the Regulator's Review Decision;

   ·        the Applicant at no time understood that he could file a Notice of Appeal independently and/or appear at a Callover without legal representation; and

   ·        the Applicant could not afford legal representation at the time.

3. In her Affidavit in support of the Application, Catherine Helena King of Shine Lawyers expresses her belief that the Applicant's claim for workers' compensation has merits on appeal.

1. Correspondence received on, and dated, 3 March 2014 advises that the Regulator does not oppose the Applicant's application and seeks that it be dealt with on the papers.

1. In all of the circumstances, I find that there are special circumstances warranting the waiver of the time period specified in s 550(1)(a) of the Act for the filing of WC/2014/48 i.e. the Applicant's Notice of Appeal.