Ramsay v Southern NSW Local Health District; Manning v Sydney Trains; Honey v Robert Sheridan Family Trust; Duncan v Department of Education; Magnan v Upper Shire Council

The applicants in these five consolidated matters sought a judicial review of decisions of the Personal Injury Commission (PIC), which had been constituted under the Personal Injury Commission Act 2020 (NSW). The applicants sought to overturn the PIC's refusal to accept jurisdiction over claims for workers' compensation, on the basis that the PIC would be exercising federal jurisdiction. The applicants were residents of various states, while the respondents included the State of New South Wales and the Robert Sheridan Family Trust. The case was heard in the District Court of New South Wales.

The central legal issue was whether the PIC would be exercising federal jurisdiction in the event that it determined claims under various sections of the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW). The applicants argued that because the respondents were either the State of New South Wales or an entity controlled by the state, the PIC would be exercising federal jurisdiction, and thus the Court should review the PIC's decisions. The respondents contended that the PIC was not exercising federal jurisdiction, and that the Court should not interfere with the PIC's decisions.

The Court held that the PIC would not be exercising federal jurisdiction when determining claims under the Workers Compensation Act and the Workplace Injury Management and Workers Compensation Act. The Court found that the relevant provisions of the Acts did not create any rights or obligations that could be recognised or enforced by the federal courts, and thus the PIC was not exercising federal jurisdiction when it determined such claims. Accordingly, the Court did not have jurisdiction to review the PIC's decisions.

The Court remitted each matter back to the PIC.