Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10 Citation: Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10

Appeal from: Kowalski v Military Rehabilitation and Compensation Commission [2009] AATA 38

Parties: KAZIMIR KOWALSKI v MILITARY REHABILITATION AND COMPENSATION COMMISSION

File number: SAD 15 of 2009

Judges: MARSHALL, TRACEY AND FOSTER JJ

Date of judgment: 22 February 2010

Catchwords: ADMINISTRATIVE LAW – Appeal from decision of the Administrative Appeals Tribunal – Where decision of the AAT affirmed the Military Rehabilitation and Compensation Commission's decision not to grant compensation/benefits – Where notice of appeal contains no pure questions of law – Application of Part X of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – Whether the Compensation (Commonwealth Government Employees) Act 1971 (Cth) applies to injuries/diseases suffered after 1 December 1988 – Whether s 39 of the Administrative Appeals Tribunal Act 1975 (Cth) imposes a duty on the Tribunal to accord procedural fairness – Whether procedural fairness was afforded to the appellant – No denial of procedural fairness – Appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 44, 44(1) Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) s 139 Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 39 Federal Court Rules O 53 r 3(2)(b) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5B, 7(4), 14, 62, 124, 124(1), 124(1A), 124(2), 139 Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) Schedule 1 Workers Rehabilitation and Compensation Act 1988 (SA)