Slater v Telstra Corporation Limited - [2001] FCA 1417

FEDERAL COURT OF AUSTRALIA
Slater v Telstra Corporation Limited [2001] FCA 1417
ADMINISTRATIVE LAW – worker’s compensation – compensation under Safety Rehabilitation and Compensation Act 1988 – calculation of liability to pay compensation – whether decision-maker failed to undertake calculation required by ss 14 and 19 of Act – whether decision-maker either failed to make a determination or remit matter to decision-maker – whether failure to do so amounted to error of law – whether s 37 of Safety Rehabilitation and Compensation Act 1988 creates obligation for decision-maker to make determination for vocational counselling and rehabilitation
Safety Rehabilitation and Compensation Act 1988 (Cth) ss 14, 19, 37
Administrative Appeals Tribunal Act 1975 (Cth) s 44
GORDON SLATER v TELSTRA CORPORATION LIMITED
Q52 OF 2001
TAMBERLIN, MANSFIELD & EMMETT JJ
11 OCTOBER 2001
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q52 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

GORDON SLATER
APPELLANT

AND:

TELSTRA CORPORATION LIMITED
RESPONDENT

JUDGES:

TAMBERLIN, MANSFIELD & EMMETT JJ

DATE OF ORDER:

11 OCTOBER 2001

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1.The appeal be upheld in part.
2.Order 2 made on 28 February 2001, that the application to the Administrative Appeals Tribunal be dismissed, be set aside.
3.The matter be remitted to the Administrative Appeals Tribunal for reconsideration according to law and in accordance with these reasons.
4.The respondent pay the appellant’s costs of the appeal.
5.The costs order made on 4 April 2001 be set aside and in lieu thereof, there be no order as to the costs of the proceeding.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q52 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

GORDON SLATER
APPELLANT

AND:

TELSTRA CORPORATION LIMITED
RESPONDENT

JUDGES:

TAMBERLIN, MANSFIELD & EMMETT JJ

DATE:

11 OCTOBER 2001

PLACE:

BRISBANE

REASONS FOR JUDGMENT
THE COURT:
BACKGROUND

The appellant, Mr Gordon Slater (“the appellant”), was an employee of the respondent, Telstra Corporation Limited (“Telstra”), on a fixed term contract for the period 4 July 1996 to 4 January 1997. On 11 July 1996, the appellant sustained an injury to his left knee in the course of his employment with Telstra. On 19 July 1996, he made a claim for compensation under the Safety Rehabilitation and Compensation Act 1988 (Cth) (“the Act”). Except for two days work on light duties in late July 1996, the appellant has not returned to work.
On 6 August 1996, Telstra accepted liability for incapacity payments to the appellant from 1 August 1996. On 17 March 1997, Telstra determined that, as of 9 January 1997, the appellant was capable of returning to full time work duties, with restrictions, and that it was not liable to pay compensation in respect of any period after that date. The appellant requested reconsideration of that determination. On…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] FCA 1417
Decision Date: 11 OCTOBER 2001

CaseChat Overview and Summary

Slater filed an appeal against Telstra Corporation Limited, with the nature of the dispute centred around a decision made by the Administrative Appeals Tribunal (AAT) regarding Telstra's obligations under the Telecommunications Act 1997 (Cth). The High Court of Australia was tasked with reviewing the Tribunal's decision and determining whether it was legally sound.

The court was required to decide whether the AAT had properly exercised its discretion under section 37 of the Act. The appeal hinged on whether the AAT had correctly considered whether Telstra should provide a program to assist Slater, as opposed to dismissing the application outright. Furthermore, the court had to examine if the Tribunal's failure to consider the exercise of the discretion was a legal error warranting the appeal's success.

The court held that the AAT had indeed erred in its decision-making process by not considering the exercise of the discretion under section 37. The Tribunal should have evaluated whether Telstra should provide the program or remit the matter back to Telstra for consideration. As a result, the appeal was partially successful. The court set aside the primary judge's order dismissing Slater's application to the AAT, and instead, remitted the matter back to the Tribunal for reconsideration according to law and in line with the court's reasons. Additionally, Telstra was ordered to pay Slater's costs of the appeal, and the costs order made on 4 April 2001 was set aside with no order for the costs of the proceeding.

Orders

Orders of the court

1. The appeal be upheld in part.

2. Order 2 made on 28 February 2001, that the application to the Administrative Appeals Tribunal be dismissed, be set aside.

3. The matter be remitted to the Administrative Appeals Tribunal for reconsideration according to law and in accordance with these reasons.

4. The respondent pay the appellant’s costs of the appeal.

5. The costs order made on 4 April 2001 be set aside and in lieu thereof, there be no order as to the costs of the proceeding.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

On the other hand, there is no indication that the decision-maker turned her mind to the exercise of the discretion conferred by s 37 of the Act. The appropriate course for the Tribunal was to give consideration to that question and decide whether to exercise the discretion vested in Telstra or to remit the matters to Telstra to consider whether the discretion should be exercised. The Tribunal erred in so far as it found that Telstra had an obligation to provide a program. CONCLUSION The appeal should be upheld in part. The order made by the primary judge, that the application to the Tribunal be dismissed, should be set aside. In lieu thereof, there should be an order that the matter be remitted to the Tribunal for decision according to law and in accordance with these reasons. Telstra should pay the appellant’s costs of the appeal. The primary judge’s order for costs should be set aside. In lieu thereof, there should be no order for the costs of the hearing before the primary judge.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q52 OF 2001

BETWEEN:	GORDON SLATER APPELLANT
AND:	TELSTRA CORPORATION LIMITED RESPONDENT
JUDGES:	TAMBERLIN, MANSFIELD & EMMETT JJ
DATE OF ORDER:	11 OCTOBER 2001
WHERE MADE:	BRISBANE

JUDGES:	TAMBERLIN, MANSFIELD & EMMETT JJ
DATE:	11 OCTOBER 2001
PLACE:	BRISBANE