Telstra v Slater [2001] FCA 149

FEDERAL COURT OF AUSTRALIA

Telstra v Slater [2001] FCA 149 ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal – nature of appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) WORKER'S COMPENSATION – whether there is an obligation to provide a rehabilitation programme – payments under Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether injured worker able to earn in suitable employment- meaning of "suitable employment". WORDS and PHRASES – "suitable employment" Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14, 19, 23(1), 24, 37, 40, 62(5)

Commonwealth of Australia v The Human Rights and Equal Opportunity Commission [1998] FCA 3, cited Commonwealth Banking Corporation v Percival (1988) 82 ALR 54, followed Norton v Comcare [2000] FCA 1068, referred to Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6, referred to Waterford v Commonwealth of Australia (1987) 163 CLR 54, referred to Webb v Repatriation Commission (1997) 47 ALD 277, referred to TELSTRA CORPORATION LIMITED v GORDON SLATER Q 292 of 1999 SPENDER J BRISBANE 28 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 292 OF 1999

BETWEEN: TELSTRA CORPORATION LIMITED

APPELLANT

AND: GORDON SLATER

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 28 FEBRUARY 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the Administrative Appeals Tribunal of 12 November 1999 be set aside. 3. The application for an order of review to the Administrative Appeals Tribunal of the decision of 10 November 1998 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.