Comcare v Parker, Susan Jane [1996] FCA 678

CATCHWORDS

ADMINISTRATIVE LAW - Occupational Health and Safety Legislation - meaning of 'injury' - injury excludes that suffered 'as a result of a failure to obtain a promotion' - application for promotion - applicant unsuccessful - subsequent debriefing or counselling interview - whether interview part of promotion process.

Safety Rehabilitation and Compensation Act 1988, s4

ADMINISTRATIVE LAW - Appeal from AAT - adequacy of reasons - reasons delivered ex tempore - inability of court to ascertain reasoning upon which decision is based.

Administrative Appeals Tribunal Act 1975, s43; 43(2A); 43(2B)

Copperart Pty Ltd v Commissioner of Taxation (1993) 30 ALD 377 Eaves v Eaves and Powell [1956] P 154 at 157 Sun Alliance Insurance Ltd v Massoud [1989] VR 8 COMCARE v SUSAN JANE PARKER No ACT G81 of 1995 FINN J CANBERRA 2 AUGUST 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G81 of 1995 DISTRICT REGISTRY ) ) GENERAL DIVISION )

BETWEEN: COMCARE Applicant AND: SUSAN JANE PARKER Respondent COURT: FINN J PLACE: CANBERRA DATE: 2 AUGUST 1996

MINUTES OF ORDERS

THE COURT ORDERS THAT:

1. the decision of the Administrative Appeals Tribunal be set aside; and 2. the case be remitted to the Tribunal to be heard and decided again. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G81 of 1995 DISTRICT REGISTRY ) ) GENERAL DIVISION )

BETWEEN: COMCARE Applicant AND: SUSAN JANE PARKER Respondent COURT: FINN J PLACE: CANBERRA DATE: 2 AUGUST 1996 REASONS FOR JUDGMENT The applicant, Comcare, appeals to this Court under the Administrative Appeals Tribunal Act 1975, ("the AAT Act"), s44 against a decision of the Administrative Appeals Tribunal ("the Tribunal") of 16 November 1995 which, in setting aside a decision of Comcare by way of reconsideration, determined that the respondent, Mrs Parker, had suffered an "injury" within the meaning of that term in the Safety Rehabilitation and Compensation Act 1988 ("the SRC Act"), s4 and was entitled to be paid compensation for a specified period.