Page v Telstra Corporation Ltd [2004] FCAFC 80

FEDERAL COURT OF AUSTRALIA

Page v Telstra Corporation Ltd [2004] FCAFC 80 WORKERS' COMPENSATION – Commonwealth employees - compensation for permanent impairment – whether partial loss of use of a finger is included within the scope of the exemption provided by s 24(8)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – use of the Tables in the Guide to the Assessment of the Degree of Permanent Impairment in determining the application of s 24(8) Acts Interpretation Act 1901 (Cth) s 15AB Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 28, 24(8)(a), 24, 24(7), 24(8) 4, 5, 6, 27 Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees v Ticsay (1992) 38 FCR 181 approved Whittaker v Comcare (1998) 86 FCR 532 followed SUZANNE LEE PAGE v TELSTRA CORPORATION LTD Q85 of 2003 KIEFEL, RD NICHOLSON, NORTH JJ BRISBANE 30 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q85 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SUZANNE LEE PAGE

APPELLANT

AND: TELSTRA CORPORATION LTD

RESPONDENT

JUDGES: KIEFEL, RD NICHOLSON, NORTH JJ

DATE OF ORDER: 30 MARCH 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Leave is granted to the appellant to bring the appeal out of time. 2. The appeal is allowed. 3. The decision of the Administrative Appeals Tribunal, made on 29 May 2002, is set aside. 4. The appellant's application for compensation is remitted to the Administrative Appeals Tribunal for determination in accordance with these reasons. 5. The respondent is to pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.