Johnson v Anglo Coal (Callide Management) Pty Ltd - [2005] QSC 255

SUPREME COURT OF QUEENSLAND

CITATION:

Johnson v Anglo Coal (Callide Management) Pty Ltd [2005] QSC 255

PARTIES:

DOUGLAS JOHNSON
(applicant)
v
ANGLO COAL (CALLIDE MANAGEMENT) PTY LTD
(respondent)

FILE NO/S:

BS10039 of 2004

DIVISION:

Trial Division

PROCEEDING:

Trial

DELIVERED ON:

14 September 2005

DELIVERED AT:

Brisbane

HEARING DATE:

14 July 2005

JUDGE:

Mullins J

ORDER:

It is declared that upon the proper construction of s 48(1) of the Coal Mining Safety and Health Regulation 2001, Dr Adam’s health assessment report dated 16 July 2004 about the applicant is not a health assessment report that shows the applicant is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

CATCHWORDS:

STATUTES – BY-LAWS AND REGULATIONS – CONSTRUCTION – PARTICULAR WORDS – where section 48(1) of the Coal Mining Safety and Health Regulation 2001 (Qld) applies to a health assessment report about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk – where worker had a condition affecting his knees – where nominated medical adviser completed a health assessment report about the worker recommending restrictions on specified activities to be performed by the worker – whether section 48(1) applies to the health assessment report

Coal Mining Safety and Health Act 1999
Coal Mining Safety and Health Regulation 2001
Statutory Instruments Act 1992

Edwards v North Goonyella Coal Mines Pty Ltd [2005] QSC 242
Macpherson v Rio Tinto Coal Australia Pty Ltd [2005] QSC 120

COUNSEL:

M D Hinson SC and J W Merrell for the applicant
P H Morrison QC and S D Anderson for the respondent

SOLICITORS:

Hall Payne Lawyers for the applicant
Blake Dawson Waldron for the respondent

MULLINS J: The applicant who is employed by the respondent as a coal mine worker at the respondent’s Callide mine (“the mine”) seeks a declaration that turns on the proper construction of s 48(1) of the Coal Mining Safety and Health Regulation 2001 (“the Regulation”).

Legislation

The Regulation is made under the Coal Mining and Safety Health Act 1999 (“the Act”). A relevant overview of the Act is set out in Macpherson v Rio Tinto Coal Australia Pty Ltd [2005] QSC 120 at paragraph [3] and in Edwards v North Goonyella Coal Mines Pty Ltd [2005] QSC 242 at paragraphs [11] to [15].

Division 2 of Part 6 of Chapter 2 of the Regulation establishes the Coal Mine Workers’ Health Scheme (“the scheme”). It is common ground that for the purposes of the scheme, the applicant is a coal mine worker and the respondent is the employer.

Under s 45(1) of the Regulation the employer must appoint a doctor as the nominated medical adviser to carry out, supervise, and report on, health assessments under the scheme for the employer’s coal mine workers. Subsections (2), (3) and (4) of section 45 of the Regulation provide:

“(2)The employer must include in the contract appointing the nominated medical adviser an obligation on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2005] QSC 255
Decision Date: 14 September 2005

CaseChat Overview and Summary

In the case of Johnson v Anglo Coal (Callide Management) Pty Ltd, the applicant, Johnson, sought a declaration regarding the applicability of section 48(1) of the Coal Mining Safety and Health Regulation 2001 (Qld) to a health assessment report concerning his fitness to work as a coal mine worker. Johnson argued that the health assessment report, completed by a nominated medical adviser, recommended restrictions on his activities but did not deem him unfit to perform his tasks at the mine. The respondent, Anglo Coal (Callide Management) Pty Ltd, contended that the report did show Johnson was unable to carry out his tasks without creating an unacceptable level of risk, thereby invoking section 48(1) of the regulation.

The central legal issue before the court was the interpretation and application of section 48(1) of the regulation to the health assessment report. Specifically, the court had to determine whether the report demonstrated that Johnson was incapable of performing his duties at the coal mine without posing an unacceptable risk. This required a close examination of the language of the regulation and the contents of the health assessment report, particularly the recommendation for activity restrictions rather than outright unfitness.

The court found that section 48(1) of the regulation pertains to situations where a health assessment report unequivocally shows that a worker cannot perform their tasks at a coal mine without creating an unacceptable level of risk. The report in question, however, did not make such a definitive statement. Instead, it suggested restrictions on certain activities to mitigate risks associated with Johnson's knee condition. The court concluded that the report did not indicate Johnson was unfit to work at the mine under the terms of the regulation. Therefore, section 48(1) did not apply to the health assessment report in question.

As a result of this interpretation, the court declared that section 48(1) of the Coal Mining Safety and Health Regulation 2001 did not apply to the health assessment report dated 16 July 2004 concerning Johnson. This ruling affirmed that the report did not demonstrate Johnson's inability to carry out his tasks at the mine without creating an unacceptable level of risk.

Orders

Orders of the court

It is declared that upon the proper construction of s 48(1) of the Coal Mining Safety and Health Regulation 2001, Dr Adam’s health assessment report dated 16 July 2004 about the applicant is not a health assessment report that shows the applicant is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

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

Full text does not contain this section.

CITATION:	Johnson v Anglo Coal (Callide Management) Pty Ltd [2005] QSC 255
PARTIES:	DOUGLAS JOHNSON (applicant) v ANGLO COAL (CALLIDE MANAGEMENT) PTY LTD (respondent)
FILE NO/S:	BS10039 of 2004
DIVISION:	Trial Division
PROCEEDING:	Trial
DELIVERED ON:	14 September 2005
DELIVERED AT:	Brisbane
HEARING DATE:	14 July 2005
JUDGE:	Mullins J
ORDER:	It is declared that upon the proper construction of s 48(1) of the Coal Mining Safety and Health Regulation 2001, Dr Adam’s health assessment report dated 16 July 2004 about the applicant is not a health assessment report that shows the applicant is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.
CATCHWORDS:	STATUTES – BY-LAWS AND REGULATIONS – CONSTRUCTION – PARTICULAR WORDS – where section 48(1) of the Coal Mining Safety and Health Regulation 2001 (Qld) applies to a health assessment report about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk – where worker had a condition affecting his knees – where nominated medical adviser completed a health assessment report about the worker recommending restrictions on specified activities to be performed by the worker – whether section 48(1) applies to the health assessment report Coal Mining Safety and Health Act 1999 Coal Mining Safety and Health Regulation 2001 Statutory Instruments Act 1992 Edwards v North Goonyella Coal Mines Pty Ltd [2005] QSC 242 Macpherson v Rio Tinto Coal Australia Pty Ltd [2005] QSC 120
COUNSEL:	M D Hinson SC and J W Merrell for the applicant P H Morrison QC and S D Anderson for the respondent
SOLICITORS:	Hall Payne Lawyers for the applicant Blake Dawson Waldron for the respondent