Donnelly, Dawn Marilyn v Australian Telecommunications Commission [1984] FCA 212

'é.

CATCHWORDS Administrative law - judicial review - emvlovee - compensable injury - award of compensation - employes required to return to work - application for order of review of decisicn - "decision" - "conduct for the purpose of making a decision' - rules of natural

justice - failure to consider a relevant sonsideration - order ct review granted

Administrative Lecistons \Tudicial Review) Act 1977 5.5, 3.5, 3.13(1)

compensation 'lommonwealth Severnmen; Employees: Act lg71, 3.27, 3.45

LAWN MARTIOYN DONNELI/ THE AUSTRALIAN TELECUMMUNICATIONS uo" :

= = c

ta pan in oO

my, be aA

to aa

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 316 of 1983

GENERAL DIVISION

BETWEEN : DAWN MARILYN DONNELLY Applicant AND

THE AUSTRALIAN TELECOMMUNICATIONS COMMISSION

Respondent

MORLING J. 20 culy 1984

The applicant seeks an order of review under the

Administrative Decisions (Judiczal Review: Act 19°77 « "the

Judicial Review Act") in cesfect of a decirsicn and cenduct sf

cfificers of the respondent '"Teleccm': afleccing her empleoment az a telephonist. The applicant commences sueloyrenc with Telecom in November 1975 a5 An accounting macninist. she

continued in that sosition until Sitcber 198. wnen, reczause cf tendovaginitis in the cight snoulder and arm, she was

transferred to duties as a telepnonist.

In or about November or Tecember 1.321 she made an

application for comtensation pursuant '9 th

D

Donmpensation

(Commonwealth Government Employees) Act 1971 ('the Usompensation

Act") in respect of the tendovaginitis from which she wag

2.

suffering. On 31 May 1983 the Delegate of the Commissioner for Employees' Compensation ("the Delegate") determined that the applicant had contracted a disease, namely tendovaginitis of the right arm, and that her employment was a contributing factor to that disease. He further determined that total incapacity for work resulted from the disease on 23 June 1981 and that 1t was deemed to be a personal injury to the applicant arising out of her employment. He also determined in accordance with the provisions of s. 27 of the Compensation Act that Telecom was iliarie to pay compensation to ner. Ina Further determination made on <1 July 1983 the Delegate Geterminei purguant to 3.45 of the Act that the applicant was entitled to payment of tompensation at varying amounts during a number of specified periods, ana that she was entitled to be paid compensaticn frcem 1 May 1932 to a date to be determined Ey