Lees v Comcare

Case [1999] FCA 753


FEDERAL COURT OF AUSTRALIA

Lees v Comcare [1999] FCA 753

ADMINISTRATIVE LAW – Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”) – Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”) – jurisdiction of the Administrative Appeals Tribunal (“the AAT”) to decide matters not the subject of a reviewable reason pursuant to s 62 of the Act – structure of decision-making process and review process of the Act

WORKERS’ COMPENSATION – Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the Act”) – entitlement to and liability for compensation for injury – whether the AAT has jurisdiction to make a decision on an entitlement under the Act which was not already subject of consideration by Comcare under the Act

Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43(1)

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14, 15, 16, 17, 18, 19, 20, 24, 25, 26, 53, 54, 60, 61, 62, 63, 64, 68, 69

WENDY LEES v COMCARE AND PAMELA BURTON in her capacity as Senior Member of the Administrative Appeals Tribunal

AG 101 of 1998

WILCOX, BRANSON AND TAMBERLIN JJ
SYDNEY
7 JUNE 1999

COMCARE v JUSTICE MATHEWS AND SENIOR MEMBER R. HANDLEY in their capacities as President and Senior Member respectively of the Administrative Appeals Tribunal AND TERENCE O’DONOHUE

NG 1393 of 1998

WILCOX, BRANSON AND TAMBERLIN JJ

SYDNEY

7 JUNE 1999


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 1393 of 1998

BETWEEN:

COMCARE
Applicant

AND:

JUSTICE MATHEWS and SENIOR MEMBER R. HANDLEY in their capacities as President and Senior Member respectively of the Administrative Appeals Tribunal
First Respondent

TERENCE O'DONOHUE
Second Respondent

JUDGES:

WILCOX, BRANSON AND TAMBERLIN JJ

DATE OF ORDER:

7 JUNE 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The direction of the Administrative Appeals Tribunal dated 25 November 1998 that the hearing of the matter proceed upon the basis that the Tribunal has jurisdiction to determine a claim for permanent impairment under s 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) be set aside.

2.It be declared that the Administrative Appeals Tribunal, in the hearing of the present appeal, does not have power to determine the second respondent’s claim for permanent impairment.

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


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT TERRITORY

AG 101 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

WENDY LEES
Appellant

AND:

COMCARE
First Respondent

PAMELA BURTON, in her capacity as Senior Member of the Administrative Appeals Tribunal
Second Respondent

JUDGES:

WILCOX, BRANSON AND TAMBERLIN JJ

DATE OF ORDER:

7 JUNE 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

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


IN THE FEDERAL COURT OF AUSTRALIAAG 101 of 1998
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

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Details
AGLC
Lees v Comcare [1999] FCA 753
Case
[1999] FCA 753
Decision Date

CaseChat Overview and Summary

The matter of Lees v Comcare was heard in the Federal Court of Australia, where the appellant, Lees, contested the decision of the Administrative Appeals Tribunal (AAT) to proceed with a claim for permanent impairment under section 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth). The primary issue was whether the AAT had the jurisdiction to determine the claim for permanent impairment in the context of the administrative review process outlined by the Act.

The court had to decide whether the AAT possessed the legal authority to hear and adjudicate upon the claim for permanent impairment as posited by the second respondent, Comcare. This involved a thorough examination of the statutory framework, specifically the provisions of the Safety, Rehabilitation and Compensation Act 1988, and the inherent powers of the AAT as delineated by the Administrative Decisions (Judicial Review) Act 1977. The court needed to ascertain whether the AAT's jurisdiction extended to encompass claims for permanent impairment or if such claims were beyond its statutory remit.

The court ultimately concluded that the AAT did not have the jurisdiction to determine the claim for permanent impairment as asserted by Comcare. The reasoning was grounded in the specific language and scope of the statutory provisions under which the AAT operates. The court found that the AAT's powers were confined to reviewing decisions made under the Act and did not include the authority to make new findings or determinations regarding permanent impairment. Consequently, the decision of the AAT to proceed with the claim was deemed to be outside its jurisdiction, leading to the setting aside of the AAT's direction and a declaration to that effect. The appeal was dismissed as a result.

Orders

Orders of the court

1. The direction of the Administrative Appeals Tribunal dated 25 November 1998 that the hearing of the matter proceed upon the basis that the Tribunal has jurisdiction to determine a claim for permanent impairment under s 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) be set aside.

2. It be declared that the Administrative Appeals Tribunal, in the hearing of the present appeal, does not have power to determine the second respondent’s claim for permanent impairment.

1. The appeal be dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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