MINISTER FOR EDUCATION -v- KLEIN [2005] WASCA 185
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASCA 185 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | FUL:114/2004 | 14 JUNE 2005 | |
| Coram: | STEYTLER P WHEELER JA PULLIN JA | 27/09/05 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| A | |||
| PDF Version |
| Parties: | MINISTER FOR EDUCATION ALAN DAVID JOHN KLEIN |
Catchwords: | Workers' compensation Whether public authority a "deemed" employer under s 175 Workers' Compensation and Rehabilitation Act 1981 (WA) Meaning and effect of s 6 Workers' Compensation and Rehabilitation Act 1981 (WA) |
Legislation: | Education Act 1928 (WA), s 5, s 6, s 9 Workers' Compensation and Rehabilitation Act 1981 (WA), s 6, s 175 |
Case References: | Ex parte Professional Engineers' Association (1959) 107 CLR 208 Jones v Wesfarmers Ltd [2003] WASCA 225 Frauenfelder v Reid (1963) 109 CLR 42 Hewitt v Benale Pty Ltd (2002) 27 WAR 91 Moir v Schrader (1936) 56 CLR 310 Price v Resolute Resources Ltd (2002) 29 SR (WA) 371 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : MINISTER FOR EDUCATION -v- KLEIN [2005] WASCA 185 CORAM : STEYTLER P
- WHEELER JA
PULLIN JA
- Appellant
AND
ALAN DAVID JOHN KLEIN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : NISBET DCJ
Citation : KLEIN -v- MINISTER FOR EDUCATION [2004] WADC 153
File No : CIV 2647 of 2000
(Page 2)
Catchwords:
Workers' compensation - Whether public authority a "deemed" employer under s 175 Workers' Compensation and Rehabilitation Act 1981 (WA) - Meaning and effect of s 6 Workers' Compensation and Rehabilitation Act 1981 (WA)
Legislation:
Education Act 1928 (WA), s 5, s 6, s 9
Workers' Compensation and Rehabilitation Act 1981 (WA), s 6, s 175
Result:
Appeal allowed
Category: A
Representation:
Counsel:
Appellant : Mr D R Clyne
Respondent : Mr C P Shanahan SC
Solicitors:
Appellant : Blake Dawson Waldron
Respondent : Butcher Paull & Calder
Case(s) referred to in judgment(s):
Ex parte Professional Engineers' Association (1959) 107 CLR 208
Jones v Wesfarmers Ltd [2003] WASCA 225
Case(s) also cited:
Frauenfelder v Reid (1963) 109 CLR 42
Hewitt v Benale Pty Ltd (2002) 27 WAR 91
Moir v Schrader (1936) 56 CLR 310
Price v Resolute Resources Ltd (2002) 29 SR (WA) 371
(Page 3)
1 STEYTLER P: I have had the advantage of reading the judgment of Wheeler JA. I agree with it and with her conclusion that the appeal should be allowed.
2 WHEELER JA: The facts in this matter may be shortly stated. At the relevant date, the respondent was a security guard on mobile patrol employed by Falcon Investigations and Security Pty Ltd ("Falcon"). Falcon had contracted with the appellant Minister for the supply of security services for the purpose of protecting the premises and assets…
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CaseChat Overview and Summary
The court examined the meaning and effect of section 6 of the Act, which provided that a person who is an employer under that section is deemed to be the employer for the purposes of the Act. The court considered whether the Minister, by virtue of his position, could be considered an employer under section 6. It was necessary to interpret the language of the statute and understand the context in which the term "employer" was used. The court found that the Minister, as the contracting authority, had a sufficient degree of control and responsibility over the work environment and the workers, which justified treating the Minister as a "deemed" employer under the Act.
After careful consideration, the court determined that the Minister for Education could indeed be considered a "deemed" employer under section 175 of the Act, as the statutory language and the surrounding context supported this interpretation. The court found that the Minister's control over the work environment and the workers was significant enough to warrant such a designation. Consequently, the court held that the Minister was liable for workers' compensation claims arising from injuries sustained by workers under his control, including Klein. The appeal was allowed, affirming the liability of the Minister as a "deemed" employer.
Orders
Orders of the court
Appeal allowed
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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