Commonwealth of Australia v. F.R. Spaul & Anor [1987] FCA 492

"JUDGMENT No, 47%)

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CATCHWORDS

ADMINISTRATIVE LAW - Judicial Review - appeal from order of trial judge - review of determination of delegate of Commissioner made under Compensation (Commonwealth Government

Employees) Act - operation of s.30 of the Act and of item 4 in

First Schedule in Regulations - whether "the disease 1s a disease of a kind specified in the regulations as a disease that is related to employment of a kind so specified" ~ "of a kind" - whether disease itself must be caused by exposure to

radiation.

PRACTICE AND PROCEDURE - principles of interpretation in relation to beneficial legislation not applicable in absence

of ambiguity.

Administrative Decisions (Judicial Review) Act 1977

Compensation (Commonwealth Government Employees) Act 1971

88.29, 30. Compensation (Commonwealth Government Employees) Regulations,

reg. 12, item 4 in First Schedule.

THE COMMONWEALTH OF AUSTRALIA V. F.R. SPAUL (A DELEGATE OF THE

COMMISSIONER FOR EMPLOYEES' COMPENSATION) AND COLIN IRVINE

BIRD NO. G97 of 1987

Davies, Lockhart and Neaves JJ. 11 September 1987

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

CORAM:

DATE:

PLACE:

No. G97 of 1987

ON_APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : THE COMMONWEALTH OF AUSTRALIA

Appellant

AND: F.R. SPAUL (A DELEGATE OF THE COMMISSIONER FOR EMPLOYEES' COMPENSATION) OO

. First Respondent

AND: COLIN IRVINE BIRD

Second Respondent

Davies, Lockhart and Neaves JJ. 11 September 1987

Sydney

MINUTE OF ORDER

THE COURT ORDERS THAT:

Note:

The appeal be allowed.

The order of the trial judge be set aside and there be substituted therefor an order that the determination of the delegate of the Commissioner for Employees' Compensation made on 14 November 1986 be set aside and the matter remitted to the Commissioner for Employees' Compensation for reconsideration according to law.