Sakr v Merrylands Christian Preschool Association Inc

The matter involved a claim for workers' compensation by Sakr against the Merrylands Christian Preschool Association Inc. Sakr, who had sustained an injury at work, sought compensation and a medical assessment to determine the degree of permanent impairment resulting from the injury. The dispute centred on the referral of the medical assessment to an Approved Medical Specialist and the scope of the referral. The court was tasked with determining whether there had been a reviewable error of law in the administrative process, specifically whether the error of law was apparent on the face of the record.

The primary legal issue was whether the referral of the medical assessment for evaluation by the Approved Medical Specialist was valid and if the scope of the referral was appropriate. The court had to consider whether the error of law, if any, was sufficiently clear to warrant judicial review. This involved an examination of the relevant statutory provisions and the administrative process that had been followed.

The court held that the error of law was indeed apparent on the face of the record. It found that the referral process had not complied with the statutory requirements, leading to an invalid assessment. Consequently, the court concluded that the decision was reviewable, and the matter should be remitted for reassessment by a properly appointed Approved Medical Specialist. The court emphasised the importance of adhering to statutory mandates in the referral process to ensure valid and legally sound assessments.

The final orders included a declaration that the referral of the medical assessment was invalid due to an error of law apparent on the face of the record. The matter was remitted for reassessment by an appropriately appointed Approved Medical Specialist, ensuring compliance with the statutory requirements.