George Dowton v The Salvation Army

George Dowton brought an application to appeal the decision of an Arbitrator who ruled that he was not a worker within the meaning of section 4 of the Workplace Injury Management and Workers Compensation Act 1998 (the Act). The Salvation Army, the Respondent, argued that it was not liable for the claim for weekly compensation pursuant to section 40 of the Workers Compensation Act 1987. The appeal was heard by the Commission constituted by a Presidential member. The Commission had to determine whether the application for leave to appeal met the criteria set out in section 352 of the 1998 Act. The Commission needed to consider if the amount of compensation in issue was at least $5,000 and at least 20% of the amount awarded in the decision appealed against. The Commission also had to decide if the appeal was made within 28 days of the Arbitrator's decision and whether it should be heard orally or on the papers.

The Arbitrator's decision was made on 5 March 2003, and the appeal was lodged within the 28-day period as required by section 352(4) of the 1998 Act. The compensation in issue was at least $5,000, and the Appellant was not precluded by section 352(2)(b) of the 1998 Act because the Arbitrator made no monetary award. Therefore, leave to appeal against the Arbitrator's decision was granted. The Appellant requested an oral hearing, but the Respondent suggested that the matter could be determined on the papers. The Commission directed the Appellant to provide final submissions by a specified date and asked the Respondent to respond if desired. After considering the submissions, the Commission confirmed the Arbitrator's decision.

ORDERS:
The Appeal is not allowed. The decision appealed against is confirmed. No order is made as to costs.