Return to Work Corporation of South Australia v Renfrey

[2018] SASC 29

SUPREME COURT OF SOUTH AUSTRALIA

(Applications Under Various Acts or Rules: Permission to Appeal in Private)

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v RENFREY

[2018] SASC 29

Judgment of The Honourable Chief Justice Kourakis

15 March 2018

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - OTHER MATTERS

Application for permission to appeal in private against a decision of the Full Bench of the South Australian Employment Tribunal pursuant to s 68(2) of the South Australian Employment Tribunal Act 2014.

Held, granting permission to appeal:

(1) The application raises an arguable question of construction of s 113(2) of the Workers Rehabilitation and Compensation Act 1986 (SA) in the context of its interface with the Safety, Rehabilitation and Compensation Act 1988 (Cth). The question is of general importance.

Safety, Rehabilitation and Compensation Act 1988 (Cth) s 113; Return to Work Act 2014 (SA) s 188; South Australian Employment Tribunal Act 2014 s 68, referred to.

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v RENFREY
[2018] SASC 29

Application for Permission to Appeal in private

1. KOURAKIS CJ:    This is an application brought by the Return to Work Corporation of South Australia for permission to appeal against a decision of the Full Bench of the South Australian Employment Tribunal (the Full Bench) on a hearing loss claim, pursuant to s 68(2) of the South Australian Employment Tribunal Act 2014.  The respondent worker gave notice of his claim at a time when his employer was, and had been for some years, licensed under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) and therefore subject to its compensatory regime.

2. The Full Bench held that pursuant to s 113(2) of the Workers Rehabilitation and Compensation Act 1986 (SA) (WRCA), the last employer by which the respondent was employed in work to which the WRCA applied before notice of claim prescribed by that section was given, was liable to compensate the respondent for the entirety of his hearing loss.

3. The application raises an arguable question of construction of s 113(2) of the WRCA in the context of its interface with the SRC Act. Section 113(2) of the WRCA is in the same terms as s 188(2) of the Return to Work Act 2014 (SA). The question is of general importance.

4. Permission to appeal is granted.