Whittaker, Dennis John v Comcare [1998] FCA 1099

FEDERAL COURT OF AUSTRALIA INTERPRETATION OF INSTRUMENTS - "Guide to the assessment of the degree of permanent impairment" prepared pursuant to s 28 the Safety, Rehabilitation and Compensation Act 1988 (Cth) - construction of section of Guide "9 Musculo-skeletal System". INTERPRETATION OF INSTRUMENTS - interpretation of confused language of statutory instrument. Administrative Appeals Tribunal Act 1975 (Cth), s 45 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 14, 24, 28, 54 Veterans' Entitlements Act 1986 (Cth), ss 24 and 29 Acts Interpretation Act 1901 (Cth), s 15AA Federal Court Rules, O 50 Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees v Ticsay (1992) 38 FCR 181, applied Comcare v Kay (1997) 26 AAR 124, discussed Scott v Moses (1958) 75 WN(NSW) 101, referred to King Gee Clothing Co Pty Ltd v The Commonwealth (1945) 71 CLR 184, referred to Saraswati v The Queen (1991) 172 CLR 1, followed Mills v Meeking (1990) 169 CLR 214, followed Corporate Affairs Commission (NSW) v Yuill (1991) 172 CLR 319, followed DENNIS JOHN WHITTAKER v COMCARE QG 194 OF 1997 DRUMMOND, COOPER AND FINKELSTEIN JJ 7 SEPTEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 194 of 1997

special case referred by the administrative appeals tribunal

BETWEEN: DENNIS JOHN WHITTAKER

Applicant

AND: COMCARE

Respondent

JUDGES: DRUMMOND, COOPER AND FINKELSTEIN JJ

DATE OF ORDER: 7 September 1998

WHERE MADE: BRISBANE

THE COURT DETERMINES THE QUESTIONS OF LAW REFERRED TO IT AS FOLLOWS:

Q1. Whether, in the introduction to the musculo-skeletal system tables in the Guide, the expression "soft tissue injury" is qualified by the phrase "not involving joints", so that the indication for the use of Table 9.5, where soft tissue injury to the leg is concerned, is limited to soft tissue injury not involving joints.