Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Heise v Employers Mutual Limited [2022] NSWCA 283 Hearing dates: 21 November 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Before: Mitchelmore JA at [1]
Kirk JA at [2]
Griffiths AJA at [80]Decision: (1) Leave to appeal is granted.
(2) The appellant is to file a notice of appeal within 28 days in terms consistent with the draft amended notice of appeal.
(3) The appeal is dismissed with costs.
Catchwords: WORKERS COMPENSATION — Claim for compensation — Claim made by former police officer — Claim made on company engaged by Self Insurance Corporation as claims manager to assess claims under Government managed fund schemes — Claim not determined within relevant period — Private prosecution of company by claimant — Whether criminal liability extends to parties engaged to manage and assess claims under Government managed fund schemes
Legislation Cited: Interpretation Act 1987 (NSW), s 21(1)
NSW Self Insurance Corporation Act 2004 (NSW), ss 7(2), 8(1)
Workers Compensation Act 1987 (NSW), ss 2A, 3, 140, 155, 211B
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4(1), 7(1), 60, 61(2)(a), 61(2)(c), 108(2)(c), 154G-M, 234, 235D(6), 250, 254, 260, 264, 274, 279, 281, 283, 288, 311, 376
Cases Cited: Ballas v Dept of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86
Bropho v Western Australia (1990) 171 CLR 1; [1990] HCA 24
CFMEU v Mammoet Australia Pty Ltd (2013) 248 CLR 619; [2013] HCA 36
Commissioner of Police (NSW) v Cottle (2022) 96 ALJR 304; [2022] HCA 7
Employers Mutual Limited v Heise [2018] NSWSC 1842
Employers Mutual Limited v Heise [2022] NSWSC 465
Fletcher International Exports Pty Ltd v Barrow [2007] NSWCA 244
Kempe v Complete Community Services Pty Ltd [2022] NSWSC 1095
Northern Land Council v Quall (2020) 271 CLR 394; [2020] HCA 33
Tan v National Australia Bank Ltd (2008) 6 DDCR 363; [2008] NSWCA 198
Texts Cited: NSW Legislative Council, Parliamentary Debates, 29 March 2001 at 12881
Workers Compensation Guidelines
Category: Principal judgment Parties: Julie Heise (Applicant)
Employers Mutual Limited (Respondent)Representation: Counsel:
B Walker SC and M Weightman (Applicant)
G Watson SC and D Tang (Respondent)Solicitors:
Cardillo Gray Partners (Applicant)
HWL Ebsworth (Respondent)
File Number(s): 2022/140658 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Common Law
- Citation:
- Date of Decision:
- 19 April 2022
- Before:
- Adamson J
- File Number(s):
- 2021/273126
HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant was a former police officer injured in connection with her duties. She made a claim for lump sum compensation for permanent impairment. The claim was sent to the respondent, a company retained to act on…
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- Case
- [2022] NSWCA 283
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Full Court was whether a company engaged as a claims manager for government-managed fund schemes could be held criminally liable for failing to determine a claim within the prescribed timeframe, as stipulated by relevant legislation. This required the court to consider the scope of criminal responsibility for entities acting in such a capacity and the interpretation of the statutory provisions governing the determination of workers' compensation claims.
The Full Court granted leave to appeal. In its decision, the Court dismissed the appeal with costs. The specific reasoning for the dismissal is not detailed in the provided text, but the outcome indicates that the Court did not find sufficient grounds to overturn the lower court's decision or to establish the criminal liability of Employers Mutual Limited in this instance.
Orders
Orders of the court
(1) Leave to appeal is granted.
(2) The appellant is to file a notice of appeal within 28 days in terms consistent with the draft amended notice of appeal.
(3) The appeal is dismissed with costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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