Comcare v Line

[2002] FCA 553

FEDERAL COURT OF AUSTRALIA
Comcare v Line [2002] FCA 553

WORKERS’ COMPENSATION – Commonwealth employees – weekly incapacity payments – calculation – amount able to be earned in “suitable employment” – construction of definition of “suitable employment” – employment terminated by Commonwealth after injury – Commonwealth did not offer re-employment – relevance of earnings from other employment.

Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4(1), 4(9), 14(1), 19

Wilson v Wilson’s Tile Works Pty Ltd (1960) 104 CLR 328 applied
Pulitano v Telstra Corporation Ltd (1998) 50 ALD 1015 considered
Comcare v Chenhall (1996) 69 FCR 201 followed in part
Telstra Corporation Ltd v Warner (1994) 20 AAR 259 referred to
Federal Commissioner of Taxation v Raptis (1989) 89 ATC 4994 referred to
Dornan v Riordan (1990) 24 FCR 564 referred to
Webb v Repatriation Commission (1998) 51 ALD 575 distinguished
Telstra Corporation Limited v Arden [1994] FCA 524 referred to
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 followed

COMCARE v TRACY LEAH LINE
W 222 OF 2001  

CARR J
2 MAY 2002 
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY	W222 OF 2001

BETWEEN:	COMCARE APPLICANT
AND:	TRACY LEAH LINE RESPONDENT
JUDGE:	CARR J
DATE OF ORDER:	2 MAY 2002
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.Paragraph 1(b)(ii) of the decision of the Administrative Appeals Tribunal, made on 10 May 2001, be set aside.

2.The matter of the amount of compensation which the respondent is liable to pay, pursuant to s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), to the applicant for each week after the end of the period referred to in paragraph 1(b)(i) of the abovementioned decision until 20 June 1997 be remitted to the Tribunal for decision in accordance with the law.

3.The appeal otherwise be dismissed.

4.The applicant may, within 10 days, file and serve written submissions on the matter of costs.  If it does so, the respondent may, within 10 days of such service, file and serve written submissions in reply on that matter.  If the applicant does not file and serve any such submissions within 10 days, it must pay the respondent’s costs of the application.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRLIA DISTRICT REGISTRY	W222 OF 2001

BETWEEN:	COMCARE Applicant
AND:	TRACY LEAH LINE Respondent

JUDGE:	CARR J
DATE:	2 MAY 2002
PLACE:	PERTH

REASONS FOR JUDGMENT

INTRODUCTION

1. This is an appeal from a decision of the Administrative Appeals Tribunal allowing the respondent’s claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”) and setting aside a decision of 9 July 1998 of a delegate of the applicant. The delegate had affirmed a decision, given on 18 June 1998, of another delegate of the applicant. The appeal involves, among other matters, the construction of certain provisions of the Act which govern the rate of weekly compensation…