Dunkerley v Comcare [2012] FCAFC 132

FEDERAL COURT OF AUSTRALIA

Dunkerley v Comcare [2012] FCAFC 132 Citation: Dunkerley v Comcare [2012] FCAFC 132

Appeal from: Dunkerley v Administrative Appeals Tribunal [2012] FCA 41

Parties: ULLA-MAIJA DUNKERLEY v COMCARE and ADMINISTRATIVE APPEALS TRIBUNAL

File number: ACD 16 of 2012

Judges: LANDER, LOGAN AND BARKER JJ

Date of judgment: 13 September 2012

Catchwords: ADMINISTRATIVE LAW – appeal – appeal from a decision of the Court in an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – affirmation by Tribunal of refusal of compensation because injury resulted from "reasonable administrative action" in terms of s 5A of the Safety Rehabilitation Act 1988 (Cth) – administrative action that of Selection Advisory Committee (SAC) – Tribunal conclusion that, though SAC not legally bound by a particular policy concerning its activities, it had nonetheless followed that policy and that SAC actions were reasonable – conclusion of primary judge that it was unnecessary to answer a question as to whether policy legally binding because SAC had followed the policy in any event Held: no error by primary judge – policy not inconsistent with APS values or code of conduct in Public Service Act 1999 (Cth) and because Tribunal made finding of fact that it was followed and did not lead to unreasonable action no need to consider whether SAC legally bound to follow that policy

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Public Service Act 1999 (Cth) ss 10, 13 Safety Rehabilitation and Compensation Act 1988 (Cth) ss 5A