Comcare v Thompson [2000] FCA 790

FEDERAL COURT OF AUSTRALIA

Comcare v Thompson [2000] FCA 790

WORKERS COMPENSATION - Commonwealth employee - calculation of "normal weekly earnings" for employee invalided in 1985 - regime in Safety, Rehabilitation and Compensation Act 1988 (Cth) to take account of salary increases subsequent to invalidation. STATUTORY INTERPRETATION - meaning of phrase "increment in a range of salary" in s 8 of Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether it encompasses increases negotiated in an Australian workplace agreement under Workplace Relations Act 1996 (Cth) - purposive construction - legislative intent - "equity of the statute". Safety, Rehabilitation and Compensation Act 1988 (Cth), s 8, s 8(6), s 8(6)(c), s 8(9), s 8(9)(a), s 8(9)(b), s 25(9), s 131(4) Administrative Appeals Tribunal Act 1975 (Cth), s 42C, s 44 Workplace Relations Act 1996 (Cth), s 170VF(1), s 170VH, s 170VL, s 170VQ Compensation (Commonwealth Government Employees) Act 1971 (Cth) Superannuation Act 1976 (Cth) Public Service Act 1922 (Cth), s 82D Industrial Relations Act 1988 (Cth) Acts Interpretation Act 1901 (Cth), s 15AA Senior Executive Service (Salaries and Specific Conditions) Award 1995 Continuous Improvement in the Australian Public Service Enterprise Agreement 1995-96 McDonald v Department of Defence [1993] FCA 882 referred Saraswati v The Queen (1991) 172 CLR 1 discussed R v L (1994) 49 FCR 534 referred Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 cited Rodriguez v United States 480 US 522 (1987) referred Tokyo Mart Pty Ltd v Campbell (1988) 15 NSWLR 275 referred Wentworth Securities Ltd v Jones [1980] AC 74 quoted R v Young (1999) 46 NSWLR 681 referred Nelson v Nelson (1995) 184 CLR 538 cited COMCARE v STEPHEN THOMPSON A 22 of 2000 FINN J 15 JUNE 2000 SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA