Golds v Comcare

[1999] FCA 1481

FEDERAL COURT OF AUSTRALIA
Golds v Comcare [1999] FCA 1481

ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal to affirm the disallowance of a claim for compensation for work-related stress - discussion and consideration of “failure to obtain a promotion” as excluded in the definition of “injury” in s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

Administrative Appeals Tribunal Act 1975 (Cth) s 44
Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4, 14

Trewin v Comcare (1998) 84 FCR 171 Foll
Comcare v Mooi (1996) 69 FCR 439 Ex

KERRY ANN GOLDS v COMCARE
QG143 OF 1997

COOPER J
BRISBANE
28 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG143 OF 1997

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY
MISS WJF PURCELL, SENIOR MEMBER, DR JB MORLEY, MEMBER,
AND CAPTAIN E T KEANE, MEMBER

BETWEEN:	KERRY ANN GOLDS Applicant
AND:	COMCARE Respondent
JUDGE:	COOPER J
DATE OF ORDER:	28 OCTOBER 1999
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application to extend time to appeal from the decision of the Administrative Appeals Tribunal is dismissed.

2.The substantive application is dismissed.

3.The applicant pay the respondent’s costs of and incidental to the applications, including reserved costs, if any, to be taxed if not agreed.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QG143 OF 1997

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY
MISS WJF PURCELL, SENIOR MEMBER, DR JB MORLEY, MEMBER,
AND CAPTAIN ET KEANE, MEMBER

BETWEEN:	KERRY ANN GOLDS Applicant
AND:	COMCARE Respondent

JUDGE:	COOPER J
DATE:	28 OCTOBER 1999
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant made a claim for compensation under the Safety Rehabilitation and Compensation Act 1988 (Cth) (“the Act”).  The claim was for work-related stress which she claimed was suffered by her during the course of her employment with the Department of Employment, Education, Training and Youth Affairs.  The claim was disallowed by an independent review officer.  The applicant sought review of the disallowance by the Administrative Appeals Tribunal (“the AAT”).  On 12 June 1997 the AAT affirmed the decision to disallow the claim.

2. On 5 August 1997 the applicant applied for an extension of time within which to appeal from the decision of the AAT under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). On 8 October 1997 it was ordered that the applicant file and serve a notice of appeal by 4.00 pm 24 October 1997 and that the question of extension should be stood over to be heard with the substantive arguments on appeal. The notice of appeal was not filed until 12 November 1997.

3. The respondent, while not consenting to the extension, advised that it could not point to any prejudice to it if the extension was granted and did not wish to be heard further on the matter.  In my view,…