Federal Court of Australia
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CATCHWORDS
ADMINISTRATIVE LAW - COMPENSATION - appeal from decision
of Administrative Appeals Tribunal ~- whether open to Tribunal to conclude that employee with back injury was not "partially incapacitated for work" ~ meaning of
"incapacity for work"
ADMINISTRATIVE APPEALS TRIBUNAL- failure by Tribunal to identify correct decision under review - substance of true issues nonetheless considered by Tribunal - good practice for Tribunal to include material parts of determination under review and legislation in reasons
for decision
Administrative Appeals Tribunal Act 1975 (Cth) s.44 Compensation (Commonwealth Government Employees) Act
1971 (Cth) - s.46
Arnotts Snack Products Pty Ltd v Yacob (1985) 57 ALR 229
BETWEEN : PATRICIA ANITA GERSBACH Appellant
AND 2 AUSTRALIAN TELECOMMUNICATIONS COMMISSION Respondent
No. G.187 of 1985
CORAM : Davies J
30 June 1986
Sydney
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JUDGE MAXING ORDER
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a . newt cipore cr aegrec Ost . m~ 4197 as -ace DOTLDE WALES DISTRICT REST } NO. G.137 st 1935 ; aewogye srytessy , SS ah meVer ios GN AP =a GT AIT VT ors ATT IT FZ Tara GN APPEAL FRoM THE ASMINIS SRA — APPEALS
TRIBUNAL
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ANE : AUSTRALIAN TED ECOMMUNICATIONS COMMISSION
Respondent
MINUTE OF ORDER
Davies J
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DATE OF CROER 3 30 June 1986 AHERE MADE 3 Sydney
THE COURT ORDERS THAT
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1. The appeal be ailowed with costs. , peal , , 2. The decision under ¥ewrrew be set aside and the matter remitted to the Acministrative Appeals Tribunal to De reheard and
determined according to law.
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lement and entry of orders is dealt with in Order 36 rai Court Rules.
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FEDERAL COURD OF Ag wo aH, FEDERAL COURD OF AUSTRALIA
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