The Commonwealth of Australia v. Christoffelsz, E.R. [1988] FCA 17

eer er perry .

CATCHWORDS

ADMINISTRATIVE LAW -~ Administrative Appeais Tribunal - Decision that employee totally incapacitated by aggravation of disease to which his employment by the Commonwealth a contributing factor - Employee not disentitled to compensation by reason of wilful and false representation made by employee in application for appointment as an officer of Australian Public Service and for admission to superannuation fund on ground that representation not made "for purposes connected with his employment or proposed employment by the Commonwealth" - Appeal to Federal Court of Australia - Error of law - Proper construction of statutory provision - Whether ambiguity in provision disclosed by reference to long titie.

STATUTES - Interpretation - Whether ambiguity disclosed by reference to long title of statute.

WORKERS COMPENSATTON - Commonwealth employee —- Employee totally incapacitated by aggravation of disease to which his employment a contributing factor - Wilful and false

representation made by employee in application for appointment as officer of Australian Public Service and for admission to superannuation fund - Whether employee disentitled to compensation on ground that representation made "for purposes connected with his employment or proposed employment by the Commonwealth".

Administrative Appeals Tribunal Act 1975 (Cth), s.44(1) Compensation (Commonwealth Government Employees) Act 1971 (Cth), s.29(3)

THE COMMONWEALTH OF AUSTRALIA v. EUGENE ROGER CHRISCOFFELSZ Vee a

No. ACT G 56 of 1987

Neaves J.

1 February 1988

ee rr ee eee

IN THE FEDERAL COURT! OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

GENERAL DIVISION

) ) ) ) No. ACT G 56 of 1987 ) ) )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE

DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : THE COMMONWEALTH OF AUSTRALIA