Secretary of the Department of Defence v Gorton [ 2000] FCA 416

FEDERAL COURT OF AUSTRALIA

Secretary of the Department of Defence v Gorton [2000] FCA 416 WORKERS' COMPENSATION – Commonwealth employees – gonococcal arthritis allegedly resulting from delay in treatment by Navy – appeal from decision of Administrative Appeals Tribunal – claim made after repeal of Commonwealth Employees' Compensation Act 1930 ("the 1930 Act") but required to be determined by reference to that Act – whether limitation period in s 16 of the 1930 Act applied to the claim – effect of s 5(2) of the Commonwealth Employees' Compensation Act 1959 on s 16 – whether s 16 applied to claim in respect of disease – whether Administrative Appeals Tribunal limited to reviewing merits of claim where decision-maker had permitted claim to be made without reference to s 16 – whether Tribunal erred in failing to put to expert witness matters regarded as relevant in rejecting expert's views – whether submission of no evidence should succeed – whether Tribunal's findings unreasonable.

Commonwealth Employees' Compensation Act 1930 ss 30, 9A, 10, 11, 12, 13, 16, 4(2), 17 Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) Compensation (Commonwealth Employees) Act 1971 (Cth) s 104(2) Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) s 124 Administrative Appeals Tribunal Act 1975 (Cth) s 44(1), 3(1) Commonwealth Employees' Compensation Act 1948 (Cth) Commonwealth Employees' Compensation Act 1959 (Cth) s 5(2) Workers' Compensation Act 1906 (Imp)

Comcare v McGuire (1996) 68 FCR 329 discussed Browne v Dunn [1894] 6 R 67 considered Brennan v Comcare (1994) 50 FCR 555 cited Australian National Airlines Commission v Cassidy (1964) 110 CLR 172 distinguished Commonwealth v Rutledge (1964) 111 CLR 1 followed Fenton v Thorley & Co [1903] AC 443 referred to Commonwealth v Bourne (1960) 104 CLR 32 considered Kavanagh v Commonwealth (1960) 103 CLR 547 discussed Commonwealth v Hornsby (1960) 103 CLR 588 discussed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to Re Drake (No 2) (1979) 2 ALD 634 cited Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 referred to