Gold Coast City Council v Simon Blackwood (Workers' Compensation Regulator)

[2014] QIRC 10

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: 

Gold Coast City Council v Simon Blackwood

(Workers' Compensation Regulator) [2014] QIRC
010

PARTIES: 

Gold Coast City Council

(Appellant)

v

Simon Blackwood (Workers' Compensation
Regulator)

(Respondent)

CASE NO/S: 

WC/2013/226

PROCEEDING: 

Application for adjournment of hearing

DELIVERED ON: 

20 January 2014

HEARING DATE: 

17 January 2014

MEMBER: 

Vice President Linnane

ORDERS : 

1. That the hearing dates of 20 and 21 January 2014 be vacated.

2.	That Steven Guymer notify the Commission by close of business on 7 February 2014 if he wishes to become a party to the Appeal.
3.	That if Steven Guymer intends to become a party to the Appeal, he and his Solicitor attend in person a s. 552A Conference at 3:30 pm on 12 February 2014.

CATCHWORDS: 

Application for adjournment of hearing –

Application granted - Worker given time to become party to Appeal

CASES: 

Industrial Relations Act 1999, s. 274 – General

powers of the Commission

Workers' Compensation and Rehabilitation Act

2003 s. 549(3)(a) – Who may appeal

APPEARANCES: 

Mr P.B O'Neill, Counsel instructed by Gold Coast
City Council.
Mr C.J. Clark, Counsel instructed by Simon
Blackwood (Workers' Compensation Regulator).

Mr S. Guymer in person.

[1]     The substantive application is an appeal by the Gold Coast City Council (Appellant) against a decision of the Review Unit of Q-COMP, now Simon Blackwood (Workers' Compensation Regulator) (Regulator) dated 7 June 2013. In that decision, the Regulator set aside a decision of the self-insurer and substituted a decision whereby the claim for workers' compensation by Steven Guymer (Worker) was accepted. The Appellant lodged an appeal against the Regulator's decision on 8 July 2013

[2]     The events following the lodging of that appeal is briefly outlined as follows:

 a s. 552A Conference was held on 26 September 2013 wherein the

Appellant indicated that it would provide the Regulator with a written submission in support of its position that the Worker was not entitled to workers' compensation. The Worker did not attend the s. 552A Conference;

	this written submission was received by the Regulator on 18 November 2013 whereupon the Regulator obtained an advice from Counsel on 2 December 2013; and
	on 6 December 2013 the Worker was advised of the Regulator's view that it would concede the Appeal and he was given an opportunity to become a party.

[3]     The position of the Worker is that he thought he was being represented by a firm of Solicitors, Qld Law Group. On 13 January 2014 the Queensland Industrial Relations Commission (Commission) received an e-mail from Sean McNally, Qld Law Group which advised that the firm had received instructions to make an "application for

leave … to join in the defence of the subject Q-COMP decision". It should be noted

that no such application is required, given the provisions of the Workers' Compensation and Rehabilitation Act 2003 s. 549(3)(a) simply require an advice by a Worker that they wish to become a party to such proceedings. Thus correspondence stating that the Worker wished to become a party was all that was necessary;

[4]     On 15 January 2014 the Commission received a further e-mail from Mr McNally as follows:

"We are not instructed to act for Steven Guymer on the appeal, are not on the
record and note that he is self-represented, as far as we are aware."

[5]     The Commission also received an e-mail from the Worker's father, Mark Guymer, on 15 January 2014 wherein we were advised that both the Worker and his father were "at a loss" to understand the position of Qld Law Group. That e-mail indicated that the Worker and his father attended a meeting with Solicitors from Qld Law Group on Friday 10 January 2014. At some time, either before or after this meeting, an advice was sought from a barrister. The Worker was subsequently asked to provide $25,000.00 to Qld Law Group for them to conduct a defence of the Appeal. The Worker indicated that he did not have such funds available to him. The e-mail from Qld Law Group requesting those funds was included in this e-mail from Mark Guymer.

[6]     This is not a case where the Worker, who is still not a party to the proceedings, has been lax and caused costs to be incurred. The hearing of this Appeal was scheduled for 20 and 21 January 2014. I indicated at the hearing of this matter that I would vacate the hearing dates of 20 and 21 January 2014 as there had been delay on the part of the Appellant in not having its submission to the Regulator until November 2013.

[7]     The Worker has indicated that he is to consult with another Solicitor who is on leave until 29 January 2014. The Worker has been given until close of business on Friday 7 February 2014 to notify the Commission that he wishes to become a party to the Appeal in WC/2013/226.

[8]     If the Worker indicates, prior to close of business 7 February 2014, that he intends to become a party, then a s. 552A Conference has been arranged for 3.30 pm on Wednesday 12 February 2014 at which he, and his Solicitor, must attend in person.

[9]     Failure on the part of the Worker to notify prior to close of business on 7 February 2014 that he wishes to become a party to WC/2013/226, the Appellant and the Regulator will be at liberty to settle this matter on terms agreed to between the parties.