NATIONAL FOODS LTD -v- GREEN [2005] WASCA 180

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASCA 180
Court:	THE COURT OF APPEAL (WA)
Case No:	FUL:74/2004	Heard:	16 JUNE 2005
Coram:	STEYTLER P WHEELER JA PULLIN JA	Delivered:	20/09/05
No of pages:	8	Judgment Part:	1 of 1
Result:	Appeal dismissed
Category:	A
PDF Version

Parties:	NATIONAL FOODS LTD TRACEY GREEN
Catchwords:	Workers' compensation Rehabilitation of worker Where rehabilitation funds exhausted Whether dispute resolution body has power to order further rehabilitation Construction of s 157 Workers' Compensation and Rehabilitation Act 1981 (WA)
Legislation:	Workers' Compensation and Rehabilitation Act 1981 (WA), s 3, s 5, s 72, s 157, s 158
Case References:	Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 Cooper-Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : NATIONAL FOODS LTD -v- GREEN [2005] WASCA 180 CORAM : STEYTLER P

WHEELER JA

PULLIN JA

HEARD : 16 JUNE 2005 DELIVERED : 20 SEPTEMBER 2005 FILE NO/S : FUL 74 of 2004 BETWEEN : NATIONAL FOODS LTD

Appellant

AND

TRACEY GREEN

Respondent

ON APPEAL FROM:

Jurisdiction : COMPENSATION MAGISTRATE'S COURT

Coram : MS P M HOGAN CM

File No : CM 171 of 2003

Catchwords:

Workers' compensation - Rehabilitation of worker - Where rehabilitation funds exhausted - Whether dispute resolution body has power to order further rehabilitation - Construction of s 157 Workers' Compensation and Rehabilitation Act 1981 (WA)

(Page 2)

Legislation:

Workers' Compensation and Rehabilitation Act 1981 (WA), s 3, s 5, s 72, s 157, s 158

Result:

Appeal dismissed

Category: A

Representation:

Counsel:

Appellant : Mr M H Zilko SC

Respondent : Mr M D Cuerden

Solicitors:

Appellant : Kott Gunning

Respondent : Slater & Gordon

Case(s) referred to in judgment(s):

Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297
R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45

Case(s) also cited:

Nil

(Page 3)

1 STEYTLER P: I have had the advantage of reading the judgment of Wheeler JA. I agree with her, for the reasons which she has given, that the appeal should be dismissed.

2 WHEELER JA: On 23 July 2003, the appellant filed an application pursuant to what was then called the Workers' Compensation and Rehabilitation Act 1981 (WA) ("the Act") seeking a review of weekly payments then being made to the respondent. At a preliminary review hearing in September 2003, the appellant sought to amend its application by including an alternative application for an order pursuant to s 157 of the Act that the respondent undergo rehabilitation. The Review Officer refused to permit the application to be amended in those terms, on the basis that he had no power "to order anything which would have the effect of exceeding the amounts set out in the various clauses of the First Schedule and…

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] WASCA 180
Decision Date: 20 SEPTEMBER 2005

CaseChat Overview and Summary

The case before the court involved National Foods Ltd and a worker, Green, who was injured in an incident that occurred during his employment. The dispute centred on the issue of whether the Workers' Compensation and Rehabilitation Board had the authority to order further rehabilitation for the worker after the available funds for such rehabilitation had been exhausted. This case was heard by the Supreme Court of Western Australia.

The primary legal issue the court had to address was whether section 157 of the Workers' Compensation and Rehabilitation Act 1981 (WA) allowed the Board to order additional rehabilitation services when the funds allocated for this purpose had been used up. The court needed to interpret this section of the Act to determine the extent of the Board's powers in such circumstances. The court also had to consider the broader implications of its interpretation on the statutory framework for workers' compensation and rehabilitation.

The court found that section 157 did not grant the Board the power to order further rehabilitation once the allocated funds had been exhausted. The court emphasised that the Act's provisions were intended to ensure that workers received reasonable rehabilitation services, but it did not provide for indefinite funding of such services. The court's interpretation was based on a careful reading of the relevant statutory language and the legislative context. The court concluded that the Board's authority was limited to the funds available under the Act, and that it could not exceed this limit by ordering further rehabilitation without additional legislative support.

The court dismissed the appeal, affirming that the Board did not have the power to order further rehabilitation after the funds had been exhausted. This decision underscored the importance of adhering to the statutory limits on rehabilitation funding and highlighted the need for careful interpretation of legislative provisions in the context of workers' compensation.

Orders

Orders of the court

Appeal 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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