Turay v Workers' Compensation Regulator

[2023] ICQ 13

INDUSTRIAL COURT OF QUEENSLAND

CITATION: PARTIES:

FILE NO: PROCEEDING: DELIVERED ON:

Turay v Workers’ Compensation Regulator [2023] ICQ 13

SUSAN BALLU TURAY

(appellant)

v

WORKERS’ COMPENSATION REGULATOR

(respondent) C/2023/4

Appeal

16 June 2023

HEARING DATE:    24 May 2023

MEMBER:                Davis J, President

ORDER:  Appeal dismissed

CATCHWORDS:      APPEAL AND NEW TRIAL – RIGHT OF APPEAL –

SCOPE AND EFFECT OF APPEAL – where WorkCover made a decision adverse to the appellant – where the Workers’ Compensation and Rehabilitation Act 2003 (WCR Act) provided for a right of review of that decision to the respondent

–    where the respondent affirmed the decision – where the WCR Act provided for an appeal to the Queensland Industrial Relations Commission (QIRC) from the decision of the respondent – where the appellant appealed to the QIRC – where the QIRC dismissed her appeal – where the appellant appealed to the Industrial Court of Queensland – where the WCR Act provided for the appeal to be “by way of rehearing”

– where the Industrial Relations Act 2016 (IR Act) provided for appeals from the QIRC to the Industrial Court of Queensland – where the IR Act provided for appeals on grounds limited to errors of law or excess or want of jurisdiction – whether an appeal from the QIRC to the Industrial Court of Queensland against a decision made under the WCR Act is limited to errors of law or excess or want of jurisdiction

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH DISCRETION OF COURT BELOW – INTERFERENCE WITH JUDGE’S

FINDINGS OF FACT – where the appellant lodged a claim for workers’ compensation under the WCR Act – where the application was lodged out of time – where WorkCover had a discretion to waive the time limit – where the discretion arose if the appellant had reasonable cause for not lodging the application within time – where WorkCover did not waive the breach of the time limit – where the appellant sought review of the decision of the respondent – where the respondent upheld

the decision of WorkCover – where the appellant appealed the respondent’s decision to the QIRC – where the QIRC heard the matter de novo – where the QIRC dismissed the appellant’s appeal – where the appellant appealed to the Industrial Court of Queensland – where the appeal was one by way of rehearing

–   whether the findings of fact by the QIRC were open and properly made – whether the inferences drawn by the QIRC were open and properly drawn – whether the discretion to find that there was no reasonable cause was infected by error

Acts Interpretation Act 1954, s 36

Electrical Safety and Other Legislation Amendment Act 2011 Electrical Safety and Other Legislation Amendment Bill 2011 Fair Work Act 2009 (Cth)

Industrial Relations Act 1999, s 332, s 341, s 345, s 346,

s 347, s 348, s 349

Industrial Relations Act 2016, s 3, s 7, s 407, s 429, s 503,

s 554, s…