Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Ltd v Smith [2009] FCAFC 103
ADMINISTRATIVE LAW – investigation and reporting under Occupational Health and Safety Act 1991 (Cth) s 53 – whether the premises was a "workplace" – meaning of a workplace under the Act – the extent of procedural fairness required in respect of an investigation or report under s 53 – whether the investigator can conclude in the investigation report a finding of breach under s 17 – sufficient grounds to find a breach of duty of employers to third parties Acts Interpretation Act 1901 (Cth) 25D Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, s 6 Judiciary Act 1903 (Cth) s 39B Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 68, 69, 89A, 89B Occupational Health and Safety Act 1991 (Cth) ss 3, 5, 12, 16, 17, 40, 41, 42, 43, 44, 45, 45A, 46, 47, 48, 53, 68, 75, Schedule 1, Div 2 Pt 4 Occupational Health and Safety Act 1983 (NSW) Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 cited Annetts v McCann (1990) 170 CLR 596 cited SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited TELSTRA CORPORATION LTD v WILLIAM SMITH, COMCARE and SAFETY REHABILITATION AND COMPENSATION COMMISSION
VID 34 of 2009
SPENDER, LANDER AND FLICK JJ
31 August 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 34 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TELSTRA CORPORATION LTD
Appellant
AND: WILLIAM SMITH
First Respondent
COMCARE
Second Respondent
SAFETY REHABILITATION AND COMPENSATION COMMISSION
Third Respondent
JUDGES: SPENDER, LANDER AND FLICK JJ
DATE OF ORDER: 31 august 2009
WHERE MADE: MELBOURNE
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