Wallaby Grip Limited & Anor v WorkCover Queensland

The Queensland Court of Appeal considered an appeal by Wallaby Grip Limited and its director, Mr. Andrew Smith, against a decision of the Queensland Industrial Relations Commission. The dispute concerned the validity of a notice issued by WorkCover Queensland under section 139 of the *Workers' Compensation and Rehabilitation Act 2003* (Qld) (the Act) requiring the appellants to provide information and documents relating to a worker's claim for statutory benefits. The appellants had challenged the notice on the grounds that it was issued without proper authority and was therefore invalid.

The central legal issue before the Court of Appeal was whether the delegate who issued the section 139 notice had the requisite authority to do so. Specifically, the Court had to determine if the delegate's appointment and the delegation of powers to them were valid under the Act and the *Public Service Act 2008* (Qld). The appellants contended that the delegate was not properly appointed or authorised, rendering the notice defective.

The Court of Appeal analysed the provisions of the Act concerning the delegation of powers by the chief executive of WorkCover Queensland. It examined the requirements for valid delegation, including the need for the delegate to be an officer of the public service and for the delegation to be in writing. The Court found that the evidence established that the delegate was a public service officer and that the delegation of powers under section 139 of the Act had been properly made in writing. Consequently, the Court held that the notice issued by the delegate was valid and that the appellants' challenge to its authority failed.

The appeal was dismissed.