Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phillips v Military Rehabilitation and Compensation Commission [2006] FCA 882
ADMINISTRATIVE LAW – decision to terminate compensation payments – whether decision involved breaches of the Privacy Act 1988 (Cth)
Administrative Decisions (Judicial Review) Act 1977 (Cth) Privacy Act 1988 (Cth) ss 6, 6C, 14, 16, 16A, 98, Sch 3 Safety, Rehabilitation and Compensation Act 1988 (Cth) NEIL WREN PHILLIPS v MILITARY REHABILITATION AND COMPENSATION COMMISSION NSD 793 of 2006 COWDROY J 7 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 793 of 2006
BETWEEN: NEIL WREN PHILLIPS
Applicant
AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 7 JULY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs, such order not to be enforced for a period of six months from the date of this order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 793 of 2006
BETWEEN: NEIL WREN PHILLIPS
Applicant
AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION
Respondent
JUDGE: COWDROY J
DATE: 7 JULY 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application by Mr Phillips to set aside a decision made by a delegate of the Military Rehabilitation and Compensation Commission on 13 March 2006 which determined that Mr Phillips was no longer entitled to receive compensation for incapacity pursuant to the Safety, Rehabilitation and Compensation Act 1988 (Cth) ('SRC Act'). 2 The application also seeks to set aside a second decision of the respondent, which was a review of the first decision, which Mr Phillips claims was made on 6 April 2006, and seeks an order that compensation be paid in accordance with the SRC Act. The applicant also seeks, by way of interlocutory relief, an order that incapacity payments be reinstated and paid retrospectively from 10 April 2006. The application is based upon breaches of the Privacy Act 1988 (Cth). 3 As a preliminary issue, I note that the respondent named in the application, the Department of Veterans' Affairs, is not a legal entity which is capable of being sued. The proper respondent is the Military Rehabilitation and Compensation Commission. By consent, I have granted leave for the respondent in the application to be changed to that entity.
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