Yang v Workcover Queensland

In the case of Yang v Workcover Queensland, the applicant sought to challenge a decision by Workcover Queensland to cease compensation payments based on an assessment that he had no degree of permanent impairment resulting from his workplace injury. The applicant argued that the assessment should reflect only the part of the doctor's report that assessed him as having a 90% whole of person impairment, and disregard the rest. The Queensland Civil and Administrative Tribunal was tasked with determining whether it had the power to make such an order after the decisions had been repealed, and if it would be appropriate to do so.

The tribunal found that the power to make such an order was premised on the existence of a decision, which had been repealed. The tribunal also noted that even if it had the power, the order sought by the applicant was not one that it would be prepared to make. The tribunal examined the legislative context and found that the applicant's request was contrary to the statutory scheme, which required a medical assessment tribunal to make the final determination of the degree of permanent impairment.

Ultimately, the tribunal dismissed the application and ordered Workcover Queensland to pay the applicant's costs of the application. The tribunal held that it did not have the power to make the order sought by the applicant, as the decisions had been repealed, and that even if it did, it would not be appropriate to do so given the legislative context. The tribunal's decision underscores the importance of adhering to the statutory scheme and the limitations of judicial review in cases such as this.