Return to Work Corporation of South Australia v Vodden

[2018] SASC 48

SUPREME COURT OF SOUTH AUSTRALIA

(Civil: Permission to Appeal in Private)

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v VODDEN

[2018] SASC 48

Judgment of The Honourable Chief Justice Kourakis

12 April 2018

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

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - 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 (SA).

Held, granting permission to appeal:

1.  The distinction between ministerial acts dictated by statutory commands and administrative decisions resolving disputed questions is of general importance to the administration of the Act.

Return to Work Act 2014 (SA), referred to.

RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA v VODDEN
[2018] SASC 48

Civil:       Application for permission to appeal in private

1. KOURAKIS CJ:           This is an application for permission to appeal the decision of the Full Bench of the South Australian Employment Tribunal that a decision made by the Return to Work Corporation of South Australia to send a letter informing the respondent that his weekly payments would cease on a specified date in accordance with the transitional provisions of the Return to Work Act 2014 (SA) (the Act) was a reviewable decision pursuant to the Act. The distinction between ministerial acts dictated by statutory commands, and administrative decisions, resolving disputed questions is of general importance to the administration of the Act.

2. The appellant’s grounds of appeal are arguable.

3. Permission to appeal is granted.