Australian Postal Corporation v Pascoe [2005] FCA 289

FEDERAL COURT OF AUSTRALIA

Australian Postal Corporation v Pascoe [2005] FCA 289 WORKERS' COMPENSATION – appeal from Administrative Appeals Tribunal – failure to undertake rehabilitation program – no reasonable excuse – whether s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) applied. Safety, Rehabilitation and Compensation Act 1988 (Cth) s 37(7), s 5(9) AUSTRALIAN POSTAL CORPORATION V GEORGE PASCOE AND MD ALLEN (IN HIS CAPACITY AS A MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL) N 1360 OF 2004 MADGWICK J 15 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1360 OF 2004

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPLICANT

AND: GEORGE PASCOE

FIRST RESPONDENT

MD ALLEN (IN HIS CAPACITY AS A MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL)

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 15 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. That part of the decision of the second respondent by which it was held that s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) did not apply, so as to suspend the first respondent's rights to compensation under that Act and to institute or continue any proceedings under that Act in relation to compensation, be set aside. 2. The second respondent be restrained from hearing the matter further on the basis that s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) Act did not apply so as to suspend the first respondent's rights to compensation under that Act and to institute or continue any proceedings under the Act in relation to compensation.

The Court declares that: 3. In the events that have happened, s 37(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) Act applied at all times since the reviewable decision dated 12 January 2000, so as to suspend the first respondent's rights to compensation under that Act and to institute or continue any proceedings under that Act in relation to compensation.