Hanna v Australian Postal Corporation

Re: NICOLA ABOU HANNA
And: AUSTRALIAN POSTAL CORPORATION
No. G9 of 1990
FED No. 196
Administrative Law
12 AAR 511

COURT

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Davies J.(1)

CATCHWORDS

Administrative Law - Judicial Review - review of determination of delegate of Australian Postal Corporation made under Commonwealth Employees' Rehabilitation Compensation Act 1988 (Cth) - operation of s.62(1) and s.127(2) of the Act - whether the Australian Postal Corporation may reconsider an entitlement to compensation which had earlier been the subject of a decision by the Administrative Appeals Tribunal.

Administrative Law - Administrative Appeals Tribunal - nature of AAT decisions.

Administrative Appeals Tribunal Act 1975 (Cth) s.43

Commonwealth Employees' Rehabilitation Act (Cth) - ss.4, 60, 62, 101, 124, 127

HEARING

SYDNEY

#DATE 17:5:1990

Counsel for the applicant: Mr B. O'Sullivan

Solicitors for the applicant: Messrs Bolzan and Dimitri

Counsel for the respondent: Miss R. Henderson

Solicitor for the respondent: Australian Government Solicitor

ORDER

The application be dismissed with costs.

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

JUDGE1

This is an application for orders of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the ADJR Act") with respect to a decision of a delegate of the respondent, the Australian Postal Corporation, taken on 1 November 1989, that the Corporation was no longer liable to pay compensation to the applicant, Nicola Abou Hanna, under the Commonwealth Employees' Rehabilitation Compensation Act 1988 (Cth) ("the 1988 Act").

1. The application is brought on the ground that the delegate had no power to make that decision because an earlier decision with respect to Mr Hanna had been made by the Administrative Appeals Tribunal.

2. Counsel for the applicant did not challenge the view expressed by Evatt, Northrop and Burchett JJ. in Reitano v. Commonwealth of Australia, reported in part in (1985) 9 ALN. 201, that under s.20(4) of the Compensation (Commonwealth Government Employees) Act (1971)(Cth)("the 1971 Act") the Commissioner for Employees' Compensation had power in an appropriate case to reconsider an entitlement to compensation in respect of which the Administrative Appeals Tribunal had previously given a decision.

3. Counsel submitted, nevertheless, that, under the 1988 Act, there was no power in the Australian Postal Corporation to reconsider an entitlement to compensation which had earlier been the subject of a decision of the Administrative Appeals Tribunal.

4. On 2 July 1987, a delegate of the Commissioner for Employees' Compensation determined that "The Australian Postal Commission (now the Corporation) is not liable to pay compensation on and from 10 December 1986." On application for a review of the determination being lodged with it, the Administrative Appeals Tribunal, on 4 August 1988, made a consent decision in the following terms:-
   

"WHEREAS the parties have reached agreement after a preliminary conference held pursuant to s.34 of the Administrative Appeals Tribunal Act 1975, as to the terms of a decision of the Tribunal that would be acceptable to the parties, being a decision as…