Australian Postal Corporation v Kember [2003] FCA 800

FEDERAL COURT OF AUSTRALIA

Australian Postal Corporation v Kember [2003] FCA 800 WORKER'S COMPENSATION – Commonwealth employees – claim under Safety Rehabilitation and Compensation Act 1988 (Cth) – appeal from AAT decision as to compensation entitlement ADMINISTRATIVE LAW – denial of procedural fairness – Tribunal conducting own investigation on matter not in issue between parties before it – no opportunity for parties to make submissions on matter ADMINISTRATIVE LAW – no evidence to sustain Tribunal's finding Safety Rehabilitation and Compensation Act 1988 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c) Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Kirkpatrick v The Commonwealth (1985) 9 FCR 36 cited Gordon M Jenkins & Associates Pty Ltd v Coleman (1989) 87 ALR 477 applied Comcare v Lees (1999) 56 ALD 84 cited AUSTRALIAN POSTAL CORPORATION v BEN KEMBER A58 OF 2002 FINN J 1 AUGUST 2003 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A58 OF 2002

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER Allen

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPLICANT

AND: BEN KEMBER

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 1 AUGUST 2003

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The decision of the Tribunal of 14 November 2002 be set aside. 2. The matter be remitted to the Tribunal for determination according to law. 3. The respondent pay the appellant's costs. THE COURT RECOMMENDS THAT: 1. For the purposes of order 2, the Tribunal be differently constituted. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.