Comcare Australia v Mathieson [2004] FCA 212

FEDERAL COURT OF AUSTRALIA Comcare Australia v Mathieson [2004] FCA 212 WORKERS' COMPENSATION –Commonwealth employees – liability for permanent impairment – employee suffered injury to both knees whilst performing naval duties – transitional provisions in Safety, Rehabilitation and Compensation Act 1988(Cth) – permanent impairment occurring before 1 December 1988 – "commencing date" – significant deterioration of condition thereafter – whether new impairment – whether "quantitative" and "qualitative" change ADMINISTRATIVE LAW – Administrative Appeals Tribunal – obligation to give reasons for decision – obligation to refer to evidence on which material findings based – whether failure to identify basis for finding that there had been "qualitative" change gives rise to error of law

Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B) and 44 Safety, Rehabilitation and Compensation Act 1988(Cth) ss 4(1), 24(1), (5), (6) and (7), 25(4) and 124(3) Compensation (Commonwealth Government Employees) Act 1971 (Cth) Commonwealth Employees' Compensation Act 1930 (Cth) Blackman v Australian Telecommunications Commission (1990) 12 AAR 11 at 14 not followed Brennan v Comcare (1994) 50 FCR 555 discussed Comcare v Levett (1995) 60 FCR 14 discussed Department of Defence v West (1998) 85 FCR 491 at 505-506, 512 applied Comcare Australia (Department of Defence) v Maida (2002) 36 AAR 69 at 79-80, 82-83 followed Dornan v Riordan (1990) 24 FCR 564 referred to Brackenberg v Comcare Australia (1995) 56 FCR 335 referred to Australian Postal Corporation v Wallace (1996) 41 ALD 455 referred to Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 at 507 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 at 346 referred to

COMCARE AUSTRALIA v SCOTT MATHIESON V740 OF 2002 WEINBERG J 12 MARCH 2004 MELBOURNE