Campbell v M & I Samaras P/L & 2 P/L & 3 P/L & Employers Mutual Ltd; Yaghoubi v BDS People P/L & Employers Mutual Ltd

The Full Bench of the Workers Compensation Tribunal referred questions of law to the Supreme Court of South Australia for its opinion, pursuant to section 86A of the *Workers Rehabilitation and Compensation Act 1986* (SA). The proceedings involved two separate matters, *Campbell v M & I Samaras P/L & 2 P/L & 3 P/L & Employers Mutual Ltd* and *Yaghoubi v BDS People P/L & Employers Mutual Ltd*. The Attorney-General intervened in these proceedings.

The central legal issues before the Supreme Court concerned the interpretation and validity of Part 6C of the Act, which governs Medical Panels. Specifically, the court was asked to determine whether a compensating authority could refer a medical question to a Medical Panel at any time, including after a matter had been referred to the Tribunal for judicial determination under section 92D. Further questions arose regarding whether Part 6C impermissibly conferred judicial power on a non-judicial body, rendering it invalid, and whether section 98H(4), which mandates that Medical Panel opinions be adopted and accepted as final, impermissibly impacted the Tribunal's judicial role, particularly in relation to the phrase "body or person" within that section.

The court's reasoning focused on the statutory framework of the *Workers Rehabilitation and Compensation Act 1986* (SA), particularly the interplay between the conciliation process, the referral of disputes to the Tribunal for judicial determination, and the role of Medical Panels. The court considered the timing of referrals to Medical Panels and the binding nature of their opinions. The interpretation of "body or person" in section 98H(4) was crucial to understanding whether the Tribunal was bound by the Medical Panel's opinion, and consequently, whether the Tribunal's judicial independence was compromised.

The Supreme Court provided its opinion on the questions of law referred by the Tribunal.