Rodriguez v Telstra Corporation Limited [2002] FCA 30

FEDERAL COURT OF AUSTRALIA

Rodriguez v Telstra Corporation Limited [2002] FCA 30 ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal - whether Tribunal substituted its own opinion for expert evidence - whether Tribunal asked itself correct question - whether Tribunal's decision based on its own view - whether Tribunal's decision supported by probative evidence ADMINISTRATIVE LAW- effect of rules of evidence in Administrative Appeals Tribunal WORKER'S COMPENSATION - compensation for major depressive disorder - whether compensation available pursuant to Safety, Rehabilitation and Compensation Act 1988 - whether disorder arose out of or in the course of employment

Statutes Administrative Appeals Tribunal Act 1975 (Cth) s 33 Safety Rehabilitation and Compensation Act 1988 (Cth) s 4

Cases Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Applied Bushell v Repatriation Commission (1992) 175 CLR 408 Referred to Collector of Customs (Tasmania) v Flinders Island Community Association (1985) 60 ALR 717 Followed Comcare v O'Dea (1997)150 ALR 318 Referred to Consolidated Edison Co v National Labour Relations Board (1938) 305 US 197 Referred to McDonald v Director-General Department of Social Security (1984) 1 FCR 354 Referred to Pochi v Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Applied Repatriation Commission v Maley (1991) 24 ALD 43 Referred to The King v War Pensions Entitlement Appeal Tribunal Ex parte Bott (1933) 50 CLR 228 Referred to Watts v Rake (1960) 108 CLR 158 Referred to

GABRIEL RODRIGUEZ v TELSTRA CORPORATION LIMITED

Q164 of 2001

KIEFEL J

BRISBANE 25 JANUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 165 OF 2001

ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: GABRIEL RODRIGUEZ