JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: RE GOODWIN [2020] WADC 128
CORAM: LEVY DCJ
HEARD: 4 MAY 2020
DELIVERED : 25 SEPTEMBER 2020
FILE NO/S: APP 87 of 2019
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
AND
IN THE MATTER of an Appeal by
BETWEEN: THOMAS JOHN GOODWIN
Appellant
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: K HAFFORD
File Number : CIC 3159 of 2018 and CIC 3160 of 2018
Catchwords:
Appeal against decision of criminal injuries assessor - The application of state laws to Commonwealth places generally - Does the Criminal Injuries Compensation Act 2003 apply to a Commonwealth place by virtue of the Commonwealth Places (Application of Laws) Act (Cth)? - The effect of the Christmas Island Act - Does an assessor have power to exercise federal jurisdiction - Is an assessor a court of a state? - Is an assessor, in determining an application for criminal injuries compensation in respect of a Commonwealth place, exercising judicial or administrative power? - Judicial power as distinct from administrative power - Is jurisdiction enlivened on an appeal to the District Court?
Legislation:
Christmas Island Act 1958 (Cth)
Commonwealth of Australia Constitution Act (Cth)
Commonwealth Places (Administration of Laws) Act 1970 (WA)
Commonwealth Places (Application of Laws) Act 1970 (Cth)
Criminal Code
Criminal Injuries Compensation Act 2003 (WA)
Migration Act 1958 (Cth)
Result:
Appeal allowed
Compensation reassessed and varied
Representation:
Counsel:
| Appellant | : | Ms V E Long-Droppert |
| Amicus Curiae | : | Mr J F Bennett on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | Foyle Legal |
| Amicus Curiae | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
A v D (1994) 11 WAR 481
B v W (1989) 6 SR (WA) 79
Cahill v Smith [2015] WADC 148
Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683
Casinos Austria International (Christmas Island) Pty Ltd v Christmas Island Resort Pty Ltd (Unreported, WASC, Library No 980726, 16 December 1998)
Commissioner of Stamp Duties (NSW) v Owens (No 2) [1953] HCA 62; (1953) 88 CLR 168
Commonwealth of Australia v Anti-Discrimination Tribunal (Tasmania) [2008] FCAFC 104; (2008) 169 FCR 85
Cullinane v Tomlinson (1997) 18 SR (WA) 63
Forge v Australian Securities and Investments Commission [2006] HCA 44; (2006) 228 CLR 45
Goodwin [2019] WACIC 24
Hinchcliffe v Hinchcliffe [2010] WADC 78
Houlahan v Pitchen [2009] WASCA 104
Huddart, Parker & Co Pty Ltd v Moorehead [1909] HCA 36; (1909) 8 CLR 330
JMT [2005] WACIC 33
Kwong v Abdulwahab [2016] NSWCA 107
Li v Commonwealth of Australia [2002] FCA 1251
M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)
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- AGLC
- Re Goodwin [2020] WADC 128
- Case
- [2020] WADC 128
- Decision Date
CaseChat Overview and Summary
The court examined whether the Criminal Injuries Compensation Act 2003 applied to Commonwealth places via the Commonwealth Places (Application of Laws) Act. The court also considered whether an assessor had the power to exercise federal jurisdiction and if, in determining an application for criminal injuries compensation, the assessor exercised judicial or administrative power. The distinction between judicial and administrative power was critical, as only a state court could be vested with federal judicial power as per the Constitution.
The court concluded that the Criminal Injuries Compensation Act 2003 did not apply to Commonwealth places like Yongah Hill Immigration Detention Centre. The court held that the assessor was not a court of the state and therefore did not possess federal judicial power unless explicitly vested with such power through an arrangement under the Commonwealth Places (Application of Laws) Act. The court found that the assessor was exercising administrative, not judicial, power in determining the compensation claim. Consequently, the District Court did not have jurisdiction to award compensation for injuries sustained in the Yongah Hill incident. However, the court found it necessary to make findings of fact concerning both incidents to assess the extent of injuries suffered in the Christmas Island incident and any impact on the appellant's earning capacity.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The application of s 7 and s 8 of the COPAL Act (Cth) has limitations in that, by virtue of the Constitution, only a court of a state can be vested with federal judicial power.[55][55] Waterside Workers Federation of Australia v J W Alexander Ltd [1918] HCA 56; (1918) 25 CLR 434, 467 (Issacs & Rich JJ). Further, s 6(2) of the COPAL Act (Cth)[56] provides another way in which an 'authority' may exercise their various powers, duties and functions:The Governor General may make an arrangement for the Governor of a State for or in relation to the exercise or performance of the power, duty or function (not being a power, duty or function involving the exercise of judicial power) by an authority of the State under the applied provisions having effect in or in relation to a Commonwealth place in that State and, where such an arrangement is enforced the power, duty or function may or shall as the case may be exercised or performed accordingly.[56] Section 4(1) of the COPAL Act (WA) is in similar terms. Both the COPAL Act (Cth) and the COPAL Act (WA) define the term 'authority, in relation to a State' to mean:[57](a)the governor, a minister or a member of the Executive Council of the State;(b)a court of the State;(c)a person who holds office as a member of a court of a State;(d)a body created by or under the law of the State; and(e)an officer or employee of the State or of a body referred to in the last preceding paragraph.[57] COPAL Act (Cth) s 3; COPAL Act (WA) s 3. If an assessor appointed under the Act is not a court of the state, then an assessor would clearly be 'an officer or employee of the State or of a body' being a 'body created by or under the law of the State'. Consequently, the Act applies to Yongah Hill Immigration Detention Centre as a surrogate federal law and the assessor, if exercising powers or functions under the Act in relation to Yongah Hill Immigration Detention Centre, would be exercising federal jurisdiction. For the reasons already discussed and set out at [89] - [99] above, the Act covers the alleged offences that occurred at Yongah Hill Immigration Detention Centre. There are two different pathways by which an assessor may be vested with federal jurisdiction. First, as already noted above, s 7(1) of the COPAL Act (Cth) vests state courts with federal jurisdiction in relation to Commonwealth places. Thus, an assessor might be vested with federal powers pursuant to the COPAL Act (Cth), but only if the assessor is sitting as a state court. Secondly and alternatively, a gazetted arrangement may be made between the Commonwealth and a state. Such an arrangement may be made between the Commonwealth and the state of Western Australia pursuant to s 6(2) of the COPAL Act (Cth). Section 6(2) (and s 4(1) of the COPAL Act (WA) being in similar terms), reads as follows:The Governor-General may make an arrangement with the Governor of a State for or in relation to the exercise or performance of a power, duty or function (not being a power, duty or function involving the exercise of judicial power) by an authority of the State under the applied provisions having effect in or in relation to a Commonwealth place in that State and, where such an arrangement is in force, the power, duty or function may or shall, as the case may be, be exercised or performed accordingly. (emphasis added)