Telstra Corporation Limited v Administrative Appeals Tribunal [2003] FCA 102

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited v Administrative Appeals Tribunal [2003] FCA 102 ADMINISTRATIVE LAW: whether application incompetent – whether 'direction' a decision for purposes of Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether 'direction' made under an enactment – whether 'direction' statement of opinion – whether 'determination' that matter ought to proceed to hearing within tribunals power – whether 'determination' capable of review under s 39B Judiciary Act 1903 (Cth). ADMINISTRATIVE LAW – whether reasonable excuse for non-attendance at medical examination for purpose of Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether excuse need be personal to claimant or whether opinion formed by tribunal as to the need for examination will suffice – whether tribunal ought to have taken further evidence where matter remitted on basis of lack of evidence –whether failure to do so constitutes denial procedural fairness - whether 'direction' made by tribunal authorised by act. Statutes Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Safety Rehabilitation and Compensation Act 1988 (Cth) s 57 Cases Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Refd to Buck v Comcare (1996) 66 FCR 359 Cited Minister for Immigration and Ethnic Affairs v Naumovska (1983) 88 ALR 589 Refd to TELSTRA CORPORATION LIMITED v ADMINISTRATIVE APPEALS TRIBUNAL and GABRIEL RODRIGUEZ Q202 of 2002 KIEFEL J BRISBANE 21 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q202 OF 2002

BETWEEN: TELSTRA CORPORATION LIMITED

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT