FEDERAL COURT OF AUSTRALIA
Comcare v Sassella [2001] FCA 1514
COMCARE v MICHAEL J SASSELLA, JOY BROPHY
A53 of 2001FINN J
CANBERRA
8 NOVEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
A53 OF 2001
BETWEEN:
COMCARE
APPLICANTAND:
MICHAEL J SASSELLA
FIRST RESPONDENTJOY BROPHY
SECOND RESPONDENTJUDGE:
FINN J
DATE OF ORDER:
8 NOVEMBER 2001
WHERE MADE:
CANBERRA
THE COURT ORDERS THAT:
1.The application be allowed.
2.The decision of the Administrative Appeals Tribunal dated 11 July 2001 be set aside.
THE COURT DECLARES:
1.The Administrative Appeals Tribunal did not have jurisdiction to review the decision found by it to have been made by Comcare.
2.The Administrative Appeals Tribunal did not have jurisdiction to hear and determine the application for review lodged by Ms Brophy on 15 March 2001.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
A53 OF 2001
BETWEEN:
COMCARE
APPLICANTAND:
MICHAEL J SASSELLA
FIRST RESPONDENTJOY BROPHY
SECOND RESPONDENT
JUDGE:
FINN J
DATE:
8 NOVEMBER 2001
PLACE:
CANBERRA
REASONS FOR JUDGMENT
An object of Comcare’s application under s 39B(1) and s 39B(1A) of the Judiciary Act 1903 for a review of a decision of the Administrative Appeals Tribunal (“the Tribunal”) is to ensure that the Tribunal had jurisdiction to hear and determine the application made to it by the second respondent, Joy Brophy, under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the SRC Act”). The application had the potential to expose difficulties of no little complexity with this less than happily draughted statute. In the event, it can be dealt with in relatively simple fashion.
At issue is whether, at the time at which Ms Brophy’s application to the Tribunal was made, a primary decision had been made by Ms Brophy’s previous employer (Qantas) under s 37 of the SRC Act which could be, and was, reviewed by Comare under s 38(4) of that Act, so providing a reviewable decision (see s 60(1)) that could enliven the Tribunal’s jurisdiction under s 64(1) of the Act.
Background
The factual background can be stated shortly.
(1) Ms Brophy sustained a back injury in a work related accident in 1993 in the course of her employment with Qantas. After a report from the Commonwealth Rehabilitation Service, a return to work plan was formulated and Ms Brophy returned to work. On 1 April 1997, Qantas terminated her employment.
(2) On 9 September 1997, Ms Brophy’s solicitors requested that Qantas make a rehabilitation assessment under s 36 of the SRC Act. Qantas declined to do so, indicating by letter of 26 September 1997 that Ms Brophy had previously been assessed for rehabilitation; had completed the rehabilitation program; and, in consequence, her s 36 request had already been undertaken and completed.
(3) On 27 October 1997, Ms Brophy sought reconsideration by Comcare of Qantas’s determination under s 38 of the SRC Act.…
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- AGLC
- Comcare v Sassella [2001] FCA 1514
- Case
- [2001] FCA 1514
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to ascertain if Qantas had made a decision under section 37 of the SRC Act, which could be reviewed by Comcare. The court needed to determine whether this decision was made and communicated to Ms Brophy before she lodged her application with the Tribunal. Specifically, the court had to interpret the statutory language of the SRC Act and the Administrative Appeals Tribunal Act 1975 to understand the requirements for a decision to be considered "made" and "communicated" under the relevant legislation. This involved examining whether Qantas's inaction constituted a refusal to make a decision, and if such inaction could be construed as a decision under the SRC Act.
The court reasoned that for a decision to be considered made and communicated, it must be manifest and final. This involves both a mental process leading to a conclusion and an overt act that gives finality to the conclusion. The court found that Qantas had indeed made a decision by its inaction, but the key issue was the timing of this decision. The court concluded that the decision was communicated on 20 March 2001, but found no express finding that the decision was made earlier than this date. Consequently, the court held that the decision was not made in time to provide the Tribunal with jurisdiction to hear Ms Brophy’s application, as the decision-making process had to be completed prior to her lodging the application with the Tribunal on 15 March 2001.
In light of the findings, the court ordered that the application be allowed, and the decision of the Administrative Appeals Tribunal dated 11 July 2001 be set aside. The court declared that the Administrative Appeals Tribunal did not have jurisdiction to review the decision found to have been made by Comcare and did not have jurisdiction to hear and determine Ms Brophy's application for review lodged on 15 March 2001.
Orders
Orders of the court
1. The application be allowed.
2. The decision of the Administrative Appeals Tribunal dated 11 July 2001 be set aside.
THE COURT DECLARES:
1. The Administrative Appeals Tribunal did not have jurisdiction to review the decision found by it to have been made by Comcare.
2. The Administrative Appeals Tribunal did not have jurisdiction to hear and determine the application for review lodged by Ms Brophy on 15 March 2001.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: MICHAEL J
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