Commonwealth v Anderson

The High Court heard an appeal from a decision of the County Court of Victoria, which had allowed an appeal against a determination by the Commissioner for Employees' Compensation. The dispute concerned a claim for compensation by Mary Josephine Anderson, the widow of James Alexander Horne Anderson, who died from a heart attack after leaving his Commonwealth employment. The initial claim was disallowed on the grounds that his death did not arise out of or in the course of his employment, nor while travelling to or from his employment.

The legal issues before the High Court were whether the County Court, on an appeal by way of rehearing under section 20 of the Commonwealth Employees' Compensation Act 1930-1954, could review the Commissioner's discretion under the proviso to section 9A(2) of the Act, and whether an appeal lay to the High Court from the County Court's decision. Section 9A(1) provides for compensation for injuries sustained while travelling to or from employment, subject to section 9A(2) which defines "travelling" and includes a proviso allowing the Commissioner to accept liability if an interruption or deviation did not materially change or increase the risk of accident. Section 20 permits an appeal to the County Court against any determination or action of the Commissioner.

The High Court held that the discretion granted to the Commissioner under the proviso to section 9A(2) was personal to the Commissioner and could not be reviewed by the County Court on an appeal under section 20. The Court reasoned that the proviso conferred a discretionary power on the Commissioner to accept liability in specific circumstances, and this discretion was not intended to be transferred to the court. The Court also determined that a proceeding under section 20 constituted a "matter" within the meaning of section 74 of the County Court Act 1928 (Vict.), thus allowing for an appeal to the High Court by virtue of section 39(2)(b) of the Judiciary Act 1903-1955.

Consequently, the High Court allowed the appeal, set aside the order of the County Court, and declared that the deceased's death occurred while travelling from his employment but after a substantial interruption to the journey. The matter was remitted to the Commissioner for Employees' Compensation to consider the exercise of his discretion under the proviso to section 9A(2).