Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Simmons [2014] FCAFC 4 Citation: Comcare v Simmons [2014] FCAFC 4
Appeal from: Simmons v Comcare [2013] FCA 484
Parties: COMCARE v MICHAEL SIMMONS
File number: ACD 56 of 2013
Judges: FLICK, GRIFFITHS AND PERRY JJ
Date of judgment: 13 February 2014
Catchwords: ADMINISTRATIVE LAW – statutory construction – proper construction of s 8(10) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether normal weekly earnings properly includes additional allowance – whether it is a relevant consideration to take into account employee's decision to transfer employment in determining whether allowance should be included in calculation WORKERS' COMPENSATION – entitlement of compensation under Safety, Rehabilitation and Compensation Act 1988 (Cth) for injury – calculation of normal weekly earnings under the Act – whether entitlement should be reduced
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Australian Federal Police Act 1979 (Cth), s 27 Compensation (Commonwealth Government Employees) Act 1971 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 5, 5A, 8(1)-(10), 9(1), 14(1), 16, 19(2)-(14)
Cases cited: Bortolazzo v Comcare (1997) 75 FCR 385 Comcare v Thompson (2000) 100 FCR 375 John Holland Group Pty Ltd v Robertson (2010) 185 FCR 566 McDonald v Department of Defence [1999] FCA 882 Military Rehabilitation and Compensation Commission v Perry (2007) 164 FCR 307 Telstra Corporation v Hannaford (2006) 151 FCR 253 Woodbridge v Comcare (1994) 20 AAR 196
Date of hearing: 28 November 2013
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