McAuliffe v Comcare [2002] FCA 769

FEDERAL COURT OF AUSTRALIA

McAuliffe v Comcare [2002] FCA 769

Workers' compensation – Commonwealth employees compensation – compensation for permanent impairment – whether impairment of shoulder and incapacity for work "resulted from" injury sustained during course of military service – application of the Safety Rehabilitation and Compensation Act 1988 (Cth) to injury occurring prior to the commencement of that Act – Tribunal determined that the respondent was not liable for ongoing workers' compensation although determined that the respondent was liable for loss of 10 percent of efficient use of the applicant's shoulder – whether Tribunal's reasons for the decision are inadequate – whether there was "no evidence" to enable the Tribunal to find that a subsequent event injuring the applicant's shoulder was a "new incident" – whether the Tribunal took into account irrelevant considerations in so far as it found that his psychological and alcohol problems were a significant cause of his impaired incapacity for work.

Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2A), 43(2B), 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 19, 24, 27, 29, 124

Brennan v Comcare (1994) 122 ALR 615 applied Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452 followed Isley v Wattyl Australia Pty Ltd (1997) 75 FCR 1 cited State of Tasmania v Robertson (2001) 10 Tas R 60 cited Telescourt v Commonwealth (1991) 29 FCR 227 cited Dornan v Riordan (1990) 24 FCR 564 cited Rich Rivers Radio Pty Ltd v Australian Broadcasting Tribunal (1989) 22 FCR 437 cited Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 applied BRUCE FRANCIS McAULIFFE v COMCARE Q 80 OF 2001

DRUMMOND J 17 JUNE 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 80 OF 2001