Goudappel v ADCO Constructions Pty Ltd

The case of *Goudappel v ADCO Constructions Pty Ltd* was heard in the Court of Appeal of New South Wales, with Bathurst CJ, Beazley P, and Basten JA presiding. The dispute concerned the application of amendments to the *Workers Compensation Act 1987* (NSW) to claims for permanent impairment compensation. Specifically, the applicant worker sought to appeal a decision of the Workers Compensation Commission regarding whether amendments introduced by Schedule 2 of the *Workers Compensation Legislation Amendment Act 2012* applied to claims for compensation under section 66 made on or after 19 June 2012, where a general claim for compensation in respect of the same injury had been made before that date.

The primary legal issues before the Court of Appeal were: first, the interpretation of "claim for compensation" within Schedule 6, Part 19H, clause 15 of the *Workers Compensation Act 1987*, and whether it referred to a general claim or a specific claim for lump sum compensation; and second, whether Schedule 6 of the Act permitted regulations to prejudice accrued rights, particularly in light of clause 1(3) of Part 20, which precluded regulations from prejudicing rights accrued before their gazettal, and clause 5 of Part 19H, which purported to limit the operation of clause 1(3). The court also considered when a worker becomes "entitled to receive" compensation for permanent impairment under section 66 of the Act.

The Court of Appeal reasoned that the term "claim for compensation" in clause 15 of Schedule 6, Part 19H, referred to a claim for compensation generally, not a specific claim for lump sum compensation. It found that there was no statutory requirement for a separate claim for lump sum compensation. Furthermore, the court determined that Schedule 6 of the Act did not create an express intention or necessary implication that regulations could prejudice accrued rights, and that clause 1(3) of Part 20 remained operative. Consequently, the amendments introduced by Schedule 2 of the *Workers Compensation Legislation Amendment Act 2012* did not apply to claims for compensation under section 66 made before 19 June 2012, irrespective of whether the claim specifically sought compensation under section 66 or 67, or whether a general claim had been lodged prior to that date.

The Court of Appeal granted the applicant leave to appeal, allowed the appeal, and set aside the decision of the Workers Compensation Commission. The court answered the question posed by the Commission in the negative, holding that the amendments did not apply to claims made before 19 June 2012 in respect of an injury resulting in permanent impairment. The respondent was ordered to pay the applicant's costs.