Wheeler v State of South Australia

The Full Court of the Supreme Court of South Australia heard an appeal by the appellant against a decision of the Full Bench of the South Australian Employment Tribunal. The appellant had initially succeeded in a claim for workers' compensation before a single member of the Tribunal, but this decision was overturned on appeal by the Full Bench. The appeal to the Full Court was limited to questions of law.

The central legal issues before the Full Court were whether the Full Bench had exceeded its jurisdiction by making its own factual determinations, and whether the appellant's claim should have been determined by reference to s 30(5) of the *Workers Rehabilitation and Compensation Act 1986* (SA). Further questions arose as to whether s 30(5) constituted an exhaustive code for journey injuries, whether the respondent was permitted to rely on s 30(5) on appeal despite having previously disclaimed reliance, and whether, on the facts found at first instance, the appellant's disability fell within s 30(5) or, alternatively, s 30(2).

The Full Court held that the Full Bench had not exceeded its jurisdiction or made its own factual determinations. It found that the appellant's claim was to be determined by reference to s 30(5), which exhaustively stated the circumstances in which a journey injury would arise from employment. The Court also permitted the respondent to rely on s 30(5) on appeal. Ultimately, the Court concluded that the appellant's disability did not come within the scope of s 30(5) and also did not fall within s 30(2). Consequently, the appeal was dismissed.