Sidhu v Secretary, Department of Communities and Justice

The case of Sidhu v Secretary, Department of Communities and Justice involved a dispute regarding the calculation of pre-injury average weekly earnings for the purposes of workers compensation. The applicant, Sidhu, sought a review of the decision by the respondent, the Secretary of the Department of Communities and Justice, which had determined his pre-injury average weekly earnings. This determination impacted the quantum of workers compensation payable to Sidhu.

The central legal issue before the court was whether the period during which Sidhu was paid workers compensation benefits for an unrelated injury should be excluded from the calculation of his pre-injury average weekly earnings. The Workers Compensation Amendment (Pre-injury Average Weekly Earnings) Regulation 2019 was central to the determination of this issue. Specifically, the court needed to interpret the regulation and decide if the nine-week period in question should be excluded.

The court found that the relevant earning period for the calculation of pre-injury average weekly earnings should indeed be adjusted to exclude the nine weeks during which Sidhu was paid workers compensation benefits for an unrelated injury. The court's reasoning was based on the plain language of the regulation and the legislative intent to ensure fairness in the calculation of pre-injury average weekly earnings. The court concluded that the exclusion of the period in question aligned with the purpose of the regulation, which was to provide a more accurate reflection of the applicant's earnings prior to the injury in question.

As a result of the court's decision, the matter was remitted to the respondent for reassessment of Sidhu's pre-injury average weekly earnings, taking into account the nine-week period that should be excluded from the calculation.