O'Sullivan and P & O Maritime Services Pty Ltd

This matter concerned an application by Mr O’Sullivan to the Administrative Appeals Tribunal for a referral of a question of law to the Federal Court and a stay of proceedings. Mr O’Sullivan had previously injured his back in 1993 while employed by P & O Maritime Services Pty Ltd and had elected to claim compensation under an Award system rather than the Seafarers Rehabilitation and Compensation Act 1992 (Cth). This led to a dispute regarding the status and legal effect of his election, and a subsequent common law claim which was dismissed by the District Court of Western Australia. In 2014, Mr O’Sullivan lodged a new claim for compensation under the Seafarers Rehabilitation and Compensation Act 1992 (Cth) in respect of the same injury.

The primary legal issues before the Tribunal were whether it had the discretion to refer a question of law to the Federal Court, and if so, whether it should exercise that discretion in Mr O’Sullivan’s favour. Additionally, the Tribunal had to consider whether there were reasonable grounds to grant a stay of proceedings. The Tribunal was required to determine the meaning of "question of law arising in a proceeding" and whether the facts necessary to pose such a question had been determined.

The Tribunal, presided over by Mr S. Webb, Member, reasoned that a referral of a question of law would be premature as the facts necessary to formulate the question had not yet been determined. Consequently, the discretion to refer the question was not exercised. The Tribunal also found no reasonable grounds to grant a stay of proceedings.

Accordingly, Mr O’Sullivan’s request for a referral of a question of law to the Federal Court was refused. His request for a stay of proceedings was also refused. The Tribunal did, however, extend the time for compliance with existing directions by seven days to ensure fairness to both parties.