Comcare v Etheridge [2006] FCAFC 27

FEDERAL COURT OF AUSTRALIA

Comcare v Etheridge [2006] FCAFC 27

ADMINISTRATIVE LAW – appeals on a question of law – nature of an appeal pursuant to s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) – where purported questions of law invite broad enquiry as to the construction and operation of statutory provisions – where purported questions seek to characterise a question of fact as a question of law – where purported questions invite Court to examine evidence and other material before the Tribunal and conduct a rehearing on aspects of the controversy determined by the Tribunal – whether convenient to make for Court to make findings of fact under s 44(7).

WORKERS' COMPENSATION – Commonwealth employees – meaning of 'injury' under Commonwealth Employees' Compensation Act 1930 (Cth) and Compensation (Commonwealth Government Employees) Act 1971 (Cth) – whether mere experiencing of event or condition necessary for development of a disease contracted by gradual process constitutes 'injury' – s 101(2)(a) of Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) – whether inchoate or contingent liabilities in respect of a disease contracted by gradual process transferred to administering authorities – interaction of Safety, Rehabilitation and Compensation Act 1988 (Cth) and Veterans' Entitlements Act 1989 (Cth) – whether compensation payable in relation to service of Defence Force member where provision made for the payment of pension. Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 45 Commonwealth Employees' Compensation Act 1930 (Cth) ss 4(2), 9, 10 Commonwealth Employees' Compensation Act 1948 (Cth) Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5(9), 7, 101(2)(a), 124, 125, 126, 128 Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss 5(1), 29 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5, 7, 14 Veterans' Entitlements Act 1989 (Cth) ss 8, 13