Hesami v Hong Australia Corporation Pty Ltd

In the case of Hesami v Hong Australia Corporation Pty Ltd, the appellant, Mr Hesami, sought compensation for domestic assistance provided by his wife, Ms Niroumand, prior to the establishment of a care plan. The dispute centred on the interpretation of section 60AA of the Workers Compensation Act 1987 and whether compensation was payable for care provided before such a plan was in place. The matter was heard in the Industrial Relations Commission of New South Wales, and the decision was subsequently appealed to the Dustney Court.

The central legal issue was whether compensation could be claimed for care given before the formal establishment of a care plan, and if so, what the requirements were for such compensation under section 60AA of the Workers Compensation Act 1987. The court also had to determine the meaning of “in accordance with” in this context, and whether previously unnotified matters could be heard under sections 289A and 74 of the Workplace Injury Management and Workers Compensation Act 1998.

The Dustney Court found that the previous determination was incorrect in denying compensation for the care provided before the establishment of the care plan. The court held that compensation could be payable for such care if certain conditions were met. Regarding the meaning of “in accordance with”, the court found that the care provided must align with the worker’s needs and the plan's intent. The court also ruled that the Commission had the authority to consider previously unnotified matters under the specific conditions outlined in the relevant statutes.

The court revoked part of the Arbitrator’s determination and remitted the matter for re-determination of the issue regarding whether Ms Niroumand had lost income or foregone employment due to her domestic assistance. The other parts of the Arbitrator’s determination were confirmed, and the respondent employer was ordered to pay the appellant’s costs of the appeal.