Swanson v Northern Territory

Case [2006] NTSC 88

Swanson v Northern Territory of Australia [2006] NTSC 88

PARTIES:SWANSON, Kenneth Don

v

NORTHERN TERRITORY OF AUSTRALIA

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  SUPREME COURT OF THE TERRITORY EXERCISING APPELLATE JURISDICTION

FILE NO:LA 49 of 2005 (20214796)

DELIVERED:  16 NOVEMBER 2006

HEARING DATES:  2 & 3 NOVEMBER 2006

JUDGMENT OF:  MARTIN (BR) CJ

APPEAL FROM:  Work Health Court, 20214796, 22 December 2005

CATCHWORDS:

WORKERS’ COMPENSATION

Workers’ compensation – appeal – notice by employer under s 69 Work Health Act – appeal by worker going beyond notice – ambit of appeal – counterclaim – validity of Work Health r 9.05 – rule valid – counterclaim permitted – appeal dismissed.

Work Health Act, s 69, s 94, s 95 and s 103J; Work Health Rules, r 8.02 and r 9.05

Taylor v Guttilla (1992) 59 SASR 361; Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452, applied.
South Australia v Tanner (1989) 166 CLR 161; March v Stramare (1991) 171 CLR 506; Victims Compensation Fund Corporation v Brown (2003) 77 ALJR 1797, considered.
Disability Services of Central Australia v Regan (1998) 8 NTLR 73, followed.

REPRESENTATION:

Counsel:

Appellant:J Waters QC & M Doyle

Respondent:  J Tippett QC

Solicitors:

Appellant:Povey Stirk

Respondent:  Collier and Deane

Judgment category classification:         A

Judgment ID Number:  Mar0626

Number of pages:  52

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Swanson v Northern Territory of Australia [2006] NTSC 88

No. LA 49 of 2005 (20214796)

IN THE MATTER OF the Work Health Act

AND IN THE MATTER OF an appeal against decision in the Work Health Court, Alice Springs

BETWEEN:

SWANSON, Kenneth Don

Appellant

AND:

NORTHERN TERRITORY OF AUSTRALIA

Respondent

CORAM:     MARTIN (BR) CJ

REASONS FOR JUDGMENT

(Delivered 16 November 2006)

Introduction

  1. This is an appeal against a decision of a Magistrate sitting as the Work Health Court.  Following the hearing of an appeal by the appellant worker against the cancellation of weekly payments of compensation, the learned Magistrate found that although the appellant had suffered a mental injury in the course of his employment, the injury was the result of reasonable administrative action by the respondent employer and, therefore, was not a compensable injury pursuant to the provisions of the Work Health Act (“the Act”).

  2. The appellant’s right to appeal is limited to questions of law:  s 116.  In substance, the appellant argued that the learned Magistrate erred in law in permitting the respondent to enlarge the ambit of the hearing beyond the issues raised by the respondent’s appeal.  Other errors, said to be errors of law, are also alleged and the appellant challenges the validity of Rule 9.05 of the Work Health Rules (“the Rules”).

    Background

  3. The appellant was born on 28 January 1947.  He is a fully qualified high school teacher and from January 1986 was employed as a teacher by the respondent.

  4. In February 2001 the appellant was employed at a high school in Alice Springs.  Information…

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Details
AGLC
Swanson v Northern Territory of Australia [2006] NTSC 88
Case
[2006] NTSC 88
Decision Date

CaseChat Overview and Summary

Swanson appealed against the decision of the Work Health Court, which dismissed his claim for reinstatement of workers' compensation. Swanson, a teacher employed by the Northern Territory, had sought compensation for a work-related injury he claimed to have suffered following allegations of sexual harassment. After being certified unfit for work, Swanson's employer cancelled his compensation payments, leading to the appeal. Swanson's main contention was that the Magistrate erred by allowing the employer to expand the scope of the hearing beyond the issues outlined in the appeal. Swanson also questioned the validity of a specific rule, Rule 9.05, which governs the conduct of hearings in the Work Health Court.

The court examined whether the Magistrate correctly allowed the employer to present additional evidence and arguments. It considered whether the Magistrate's decision to permit the employer to broaden the scope of the appeal was an error of law. Additionally, the court assessed the validity of Rule 9.05, which the appellant argued was flawed. The court concluded that the Magistrate did not err in permitting the employer to present more evidence, as it was within the court's discretion to allow a broader scope if necessary for a fair hearing. The court also upheld the validity of Rule 9.05, finding it to be consistent with relevant statutory provisions and judicial precedents.

The appeal was dismissed, and the cross-appeal was not pursued, leading to its dismissal as well. The court's decision upheld the employer's right to cancel compensation payments, maintaining that Swanson was no longer incapacitated for work. The court's ruling emphasised the importance of adhering to statutory guidelines and the procedural rules in workers' compensation appeals.

Orders

Orders of the court

The appeal is dismissed. The cross appeal was not pressed and is

dismissed.

Background

Background to the litigation

The appellant’s right to appeal is limited to questions of law: s 116. In substance, the appellant argued that the learned Magistrate erred in law in permitting the respondent to enlarge the ambit of the hearing beyond the issues raised by the respondent’s appeal. Other errors, said to be errors of law, are also alleged and the appellant challenges the validity of Rule 9.05 of the Work Health Rules (“the Rules”).Background The appellant was born on 28 January 1947. He is a fully qualified high school teacher and from January 1986 was employed as a teacher by the respondent. In February 2001 the appellant was employed at a high school in Alice Springs. Information was received by staff at the school concerning the conduct of the appellant in the course of his duties as a teacher. On 27 February 2001 the Assistant Principal, Mr Peter Swan, spoke with the appellant about the information. It is common ground that following the conversation the appellant sought medical treatment and was certified unfit for work. A claim by the appellant for compensation pursuant to the Act was admitted by the respondent. Commencing 27 February 2001 weekly payments were made to the respondent pursuant to the provisions of the Act on the basis of total incapacity. On 30 May 2002 the respondent served on the appellant a notice pursuant to s 69 of the Act cancelling compensation payments on the ground that the appellant was no longer incapacitated for work. The notice was effective from 14 June 2002. It was from that decision of the respondent to cancel payments pursuant to s 69 that the appellant appealed to the Work Health Court seeking that weekly payments of compensation be reinstated from 14 June 2002. After a hearing in which a number of witnesses gave evidence for the respondent, but the appellant did not give evidence and did not call any other evidence, the Magistrate made the decision to which I have referred and against which the appellant now appeals.Pleadings In order to deal with the complaints about the conduct of the hearing, it is necessary to have regard to the pleadings which were before the Magistrate. The Amended Particulars of Claim were as follows:“1.The Worker is a fully qualified high school teacher, who had been in the employ of the Employer since January 1986. Born on 28 January 1947, the Worker is now 58 years of age.2.On 27 February 2001 and in the course of his employment with the Employer at Anzac High School, Alice Springs, the Worker at the request of the Assistant Principal, Mr Peter Swan, attended at his office. The Assistant Principal informed the Worker of an allegation that he had sexually harassed three girl students at the school.3.As a result of being informed of the allegation, the Worker suffered a work-related injury, namely, an adjustment disorder with anxiety. He suffered and continues to suffer stress-related symptoms associated with such a disorder which has become chronic. Additionally he suffers from a superimposed major depressive order on an intermittent basis.4.The Worker forthwith sought treatment from his medical practitioner and was diagnosed as aforesaid and certified unfit to return to work. He was referred for counselling.5.Since 27 February 2001, the Worker has been partially or totally incapacitated for employment and totally incapacitated for duties involving teaching.6.Shortly after being certified unfit for work, the Worker made a claim for compensation pursuant to the Work Health Act (NT), which claim was admitted by the Employer on the basis of the Worker’s total incapacity.7.At the time of the injury the Worker was in receipt of his normal weekly earnings of $1,090.25 (gross) per week. He continued to receive payment on the basis of total incapacity until cancellation of his entitlement.8.The Worker endeavoured to return to work pursuant to return to work programs organised by the Employer and its rehabilitation provider, APM.9.On 30 May 2002 the Employer purported to cancel payment of compensation pursuant to section 69 of the Work Health Act (NT), effective 14 June 2002 upon the basis that the Worker was no longer incapacitated for work.10.The Worker appeals from the Employer’s decision to cancel benefits pursuant to the Act.11.The Worker seeks the following orders:(a)that his appeal be upheld and that as a consequence, weekly payments of compensation be resumed from 14 June 2002 and that the Worker be entitled from that date to such other benefits, including treatment and rehabilitation expenses as may arise;(b)that the Employer pay the Worker’s costs of these proceedings;(c)such further or other orders as the Court deems just.”

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

The Magistrate was not obliged to discuss legal issues such as the construction of the phrase “as a result of”. Her Honour dealt with the evidence at length, gave adequate reasons for her findings and applied the statutory formula. This complaint is without substanceConclusion The appeal is dismissed. The cross appeal was not pressed and is dismissed.

Ratio Decidendi

Legal Principle Established

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