Australian Postal Corp v Harris [2000] FCA 712

FEDERAL COURT OF AUSTRALIA

Australian Postal Corporation v Harris [2000] FCA 712 ADMINISTRATIVE LAW Ð appeal from decision of Administrative Appeals Tribunal determining application for compensation under Safety, Rehabilitation and Compensation Act 1988 (Cth) Ð whether Tribunal failed to consider whether or failed to provide proper or adequate reasons for finding respondentÕs psychiatric impairment was likely to continue indefinitely Ð whether Tribunal failed to consider whether respondentÕs ten percent impairment was likely to continue indefinitely and resulted from the injury Ð whether there was no evidence to support finding that respondent was totally incapacitated up to the date of TribunalÕs decision Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 19(4)(e), 24 Martin v Australian Postal Corporation (1999) 29 AAR 420 referred to Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 referred to Apthorpe v Repatriation Commission (1987) 77 ALR 42 referred to Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 referred to AUSTRALIAN POSTAL CORPORATION v IAN HYLTON HARRIS N 54 OF 2000 MOORE J 2 JUNE 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 54 OF 2000

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPLICANT

AND: IAN HYLTON HARRIS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 2 JUNE 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Paragraph 1(d) of the decision of the Administrative Appeals Tribunal of 21 December 1999 is set aside. 2. The appeal is otherwise dismissed. 3. The matter is remitted to the Tribunal to determine what payments, if any, should be made to the applicant pursuant to s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for the period 15 March 1999 to 21 December 1999. 4. The respondent pay one third of the applicantÕs costs of the appeal.