[2025] TASSC 5
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | Morrison v State of Tasmania [2025] TASSC 5 |
| PARTIES: | MORRISON, Jason |
| v | |
| STATE OF TASMANIA | |
| FILE NO: | 2726/2024 |
| JUDGMENT APPEALED FROM: | State of Tasmania (Department for Education, Children and Young People) v KNN [2023] TASCAT 162 |
| DELIVERED ON: | 18 February 2025 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 7 February 2025 |
| JUDGMENT OF: | Marshall AJ |
| CATCHWORDS: |
Workers' Compensation – Proceedings to Obtain Compensation – Determination of Claims – Appeals, Judicial Review and Stated Cases – Question of Law – Particular Cases – Whether tribunal erred in applying s25(1A) of Workers Rehabilitation and Compensation Act 1998 (Tas) in decision to cease compensation payments to appellant – Tribunal erred in law by failing to consider whether action of employer was reasonable or taken in a reasonable manner – no arguable case that worker's injury was caused by reasonable administrative action taken in a reasonable way – Appeal allowed.
Aust Dig Workers Compensation [341]
Workers Rehabilitation and Compensation Act 1998 (Tas) s 25(1A), 81A
Tasmanian Civil and Administrative Tribunal Act 2020 (Tas) ss 136(1), 138
Cases cited:
Burrage v Rural Press Limited [2013] TASSC 43
St Helens Oysters v Coatsworth [2007] TASSC 90
Vos Construction and Joinery Pty Ltd v Norton-Smith [2016] TASSC 38
Work Cove Corporation of South Australia v Summers (1995) 65 SASR 233
REPRESENTATION:
Counsel:
Appellant: B Hilliard Respondent: L Taylor
Solicitors:
Appellant: Hall Payne Lawyers Respondent: Office of the State Litigator
| Judgment Number: | [2025] TASSC 5 |
| Number of paragraphs: | 58 |
Serial No 5/2024
File No 2726/2024
JASON MORRISON v STATE OF TASMANIA
| REASONS FOR JUDGMENT | MARSHALL AJ 18 February 2025 |
1 The appellant has appealed from a decision of the Tasmanian Civil and Administrative Tribunal ("the Tribunal"). In that decision, it was ordered that the appellant's weekly payments of compensation under the Workers Rehabilitation and Compensation Act 1998 ("the Act") not be paid to him by the respondent.
Factual background
2 The appellant is an employee of the respondent within its Department of Education, Children and Young People. He is a secondary school teacher who was last engaged in the Futures Programme at Rosny College. That programme is located on the other side of Kangaroo Bay from the main Rosny College campus, at what is called "the Annex", along Cambridge Road. It is described in promotional material used by the college on-line as:
"a personalised learning programme aimed at enhancing educational outcomes and
engagement of students through a variety of curriculum choices…".
3 It appears to be designed to assist students who would not fit within the usual programmes for secondary students at Rosny College.
4 The appellant commenced to work full-time in the Futures Programme in 2022 and was so engaged until 4 April 2024, the date on which he sustained the injury which is the subject of this proceeding.
5 In the Futures Programme, he held the role of "Classroom leader". In that capacity, he had a role in supporting other teachers…
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CaseChat Overview and Summary
The primary legal issue before the court was whether the tribunal erred in applying section 25(1A) of the Workers Rehabilitation and Compensation Act 1998 in deciding to cease compensation payments to Morrison. Specifically, the court had to determine if the tribunal failed to consider whether the employer's actions were reasonable or taken in a reasonable manner. The court needed to assess if Morrison could establish an arguable case that his injury was caused by reasonable administrative action taken in a reasonable way.
The court found that the tribunal had indeed erred in law by not considering whether the employer's actions were reasonable or taken in a reasonable manner. The court held that there was no arguable case that Morrison's injury was caused by reasonable administrative action taken in a reasonable way. Consequently, the appeal was allowed, and the decision of the tribunal was set aside.
The court's final order was that Morrison's appeal against the tribunal's decision be allowed, and the matter was remitted back to the tribunal for reconsideration in light of the court's findings.
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