Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal - Compensation (Commonwealth Government Employees) - Refusal to redeem
liability to pay compensation by payment of a
lump sum - Refusal upheld by A.A.T. - Error
of law.
WORKERS' COMPENSATION - Application to have liability to pay compensation redeemed by payment of a lump sum - evidence that Applicant may no longer be incapacitated - foreshadowed application
by employer for reconsideration of entitlement to compensation - both applications remitted back to the Commissioner for Employees' Compensation.
Administrative Appeals Tribunal Act, 1975, ss. 43(1), 44, 45
Compensation (Commonwealth Government Employees') Act, 1971, ss. 20(4), 46(2), 49.
FREDERICK VICTOR REITANO v. THE COMMONWEALTH OF AUSTRALIA Qld G97 of 1982
FITZGERALD J. BRISBANE 27 OCTOBER 1982
11 NOV 1982
FEDERAL CCURT OF AUSTRALIA PRINCIPAR,
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) No. G97 of 1982
GENERAL DIVISION )
BETWEEN:
FREDERICK VICTOR REITANO
Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent ORDER
JUDGE MAKING ORDER: FITZGERALD J.
DATE OF ORDER: 27 OCTOBER 1982
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be allowed;
2. the Respondent pay the Appellant's taxed costs of and incidental to these
proceedings;
3. the decision of the Administrative Appeals Tribunal to affirm the decision of the Commissioner for Employees' Compensation, that the Applicant's request made under s.49 of the
Compensation (Commonwealth Government Employees') Act 1971 to have payments of
2.
compensation in respect of his partial incapacity redeemed by payment to the applicant of a lump sum be refused,
be set aside;
4. the decision of the Commissioner for Employees' Compensation to refuse the Applicant's request made under s.49 of
the Compensation (Commonwealth Government
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