Slater v Telstra Corporation Limited [2001] FCA 1417

FEDERAL COURT OF AUSTRALIA

Slater v Telstra Corporation Limited [2001] FCA 1417 Administrative Law – worker's compensation – compensation under Safety Rehabilitation and Compensation Act 1988 – calculation of liability to pay compensation – whether decision-maker failed to undertake calculation required by ss 14 and 19 of Act – whether decision-maker either failed to make a determination or remit matter to decision-maker – whether failure to do so amounted to error of law – whether s 37 of Safety Rehabilitation and Compensation Act 1988 creates obligation for decision-maker to make determination for vocational counselling and rehabilitation Safety Rehabilitation and Compensation Act 1988 (Cth) ss 14, 19, 37 Administrative Appeals Tribunal Act 1975 (Cth) s 44 GORDON SLATER v TELSTRA CORPORATION LIMITED Q52 OF 2001 TAMBERLIN, MANSFIELD & EMMETT JJ 11 OCTOBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q52 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GORDON SLATER

APPELLANT

AND: TELSTRA CORPORATION LIMITED

RESPONDENT

JUDGES: TAMBERLIN, MANSFIELD & EMMETT JJ

DATE OF ORDER: 11 OCTOBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be upheld in part. 2. Order 2 made on 28 February 2001, that the application to the Administrative Appeals Tribunal be dismissed, be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for reconsideration according to law and in accordance with these reasons. 4. The respondent pay the appellant's costs of the appeal. 5. The costs order made on 4 April 2001 be set aside and in lieu thereof, there be no order as to the costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.