O'Toole and WorkCover WA - [2014] WASAT 11

O'TOOLE and WORKCOVER WA [2014] WASAT 11

Last Update: 30/01/2014

O'TOOLE and WORKCOVER WA [2014] WASAT 11
Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2014] WASAT 11
Act:	STATE ADMINISTRATIVE TRIBUNAL ACT 2004 (WA); WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 (WA); WORKERS COMPENSATION AND INJURY MANAGEMENT REGULATIONS 1982
Case No:	VR:185/2013	Heard:	2 AND 3 DECEMBER 2013
Coram:	MR H DEMBO (SENIOR SESSIONAL MEMBER)	Delivered:	22/01/2014
No of Pages:	39	Judgment Part:	1 of 1
Result:	Decision affirmed
Category:	B
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	RALPH TERRANCE O'TOOLE WORKCOVER WA
Catchwords:	Vocational regulation Review Alleged breaches of Code of Conduct under Workers' Compensation and Injury Management 1982 Regulations (WA) Previous breaches of Code of Conduct Lack of insight into obligations pursuant to Code of Conduct No remorse exhibited Whether Tribunal should affirm, vary, or set aside original decisionmaker's findings to cancel registration of applicant as registered agent Decision affirmed
Legislation:	State Administrative Tribunal Act 2004 (WA), s 17, s 27, s 29, s 88 Workers' Compensation and Injury Management Act 1981 (WA) Workers' Compensation and Injury Management Regulations 1982 (WA), regs 26 - 42, Appendix IV
Case References:	Legal Practitioner Complaints Committee v Pepe [2009] WASC 39 Legal Profession Complaints Committee and in de Braekt (2013) WASC 124 Legal Profession Complaints Committee and O'Halloran [2011] WASAT 95 Legal Profession Complaints Committee v O'Halloran [2013] WASC 430
Orders:	On the application heard on 2 and 3 December 2013 by Senior Sessional Member Hilton Dembo, it is on 22 January 2014 ordered that: The Tribunal affirms the decision of WorkCover WA to cancel the registration of the applicant as a registered agent.
Summary:	This matter involved an application for the Tribunal to review the decision of WorkCover WA to cancel the registration of the applicant as a registered agent. The applicant was found by WorkCover WA to have breached the Code of Conduct applicable to registered agents arising out of three complaints against the applicant. WorkCover WA found that the applicant had breached the Code of Conduct in five respects as follows: clause 7(4)(d); clause 5(3) (two breaches); and clause 2(1) (two breaches). On review, and after a two day hearing, having found that for reasons requiring the protection of the public and that the applicant is not a fit and proper person to act as a registered agent, the Tribunal affirmed the decision of WorkCover WA. In summary, the breach relating to clause 7(4)(d) related to not promptly turning over all papers to his client after withdrawing from representing his client; the breaches under clause 5(3) related to not acting with due courtesy or respect to an arbitrator and putting the arbitrator on notice with regard to bias as a tactic of intimidation; the breaches under clause 2(1) related to attempting to further his client's case by unethical or dishonest means.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL

STREAM : VOCATIONAL REGULATION ACT : STATE ADMINISTRATIVE TRIBUNAL ACT 2004 (WA)

WORKERS'…

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: [2014] WASAT 11
Decision Date: 22 JANUARY 2014

CaseChat Overview and Summary

The case of O'Toole and WorkCover WA involved a dispute regarding the cancellation of the applicant's registration as a registered agent under the Workers' Compensation and Injury Management Act 1998 (WA). The applicant, Mr O'Toole, contested the decision of WorkCover WA to cancel his registration based on alleged breaches of the Code of Conduct as outlined in the Workers' Compensation and Injury Management Regulations 1982 (WA). The dispute was reviewed by the Administrative Appeals Tribunal (AAT). The primary legal issue before the AAT was whether the Tribunal should affirm, vary, or set aside the original decision-maker's findings that Mr O'Toole had breached the Code of Conduct, and consequently, whether his registration should be cancelled.

The AAT carefully examined the evidence presented, including Mr O'Toole's previous breaches of the Code of Conduct and his lack of insight into his obligations. The Tribunal noted that Mr O'Toole had not demonstrated any remorse for his actions and had consistently failed to comply with the regulatory requirements. The Tribunal assessed the seriousness and recency of the breaches and concluded that the original decision-maker had appropriately considered the relevant factors in making the decision to cancel Mr O'Toole's registration. The AAT found that there was no error in the original decision, and the evidence supported the conclusion that the applicant's registration should be cancelled.

Given the findings, the AAT affirmed the original decision. The Tribunal held that Mr O'Toole's conduct warranted the cancellation of his registration, and there were no grounds to vary or set aside the decision. The AAT's decision upheld the integrity of the regulatory framework and ensured that registered agents maintain the required standards of conduct. The Tribunal's reasoning emphasised the importance of compliance with the Code of Conduct and the consequences for failing to adhere to the regulatory obligations.

Orders

Orders of the court

Decision affirmed

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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