Buhr v Comcare [2007] FCA 575

FEDERAL COURT OF AUSTRALIA

Buhr v Comcare [2007] FCA 575

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether questions of law or questions of mixed fact and law – jurisdiction of Administrative Appeals Tribunal – whether determination of first decision-maker and reviewable decision determined Comcare's liability for current injury as well as non-existence of old accepted employment related injury WORKER'S COMPENSATION – Commonwealth employee – injury excluded from liability - whether injury work related – failure to obtain promotion – whether employee made claim pursuant to s 54 of Safety, Rehabilitation and Compensation Act 1988 (Cth) – substantial compliance with s 54 of Safety, Rehabilitation and Compensation Act 1988 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth)ss 4, 14, 16, 20, 53, 54, 60 – 64 Compensation Commonwealth Government Employees Act 1971 (Cth) Australian Postal Corporation v Mowbray & Anor (2003) 77 ALD 440 cited Australian Postal Corporation v Oudyn (2003) 73 ALD 659 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 at 287 approved Comcare Australia (Department of Defence) v Madia (2002) 36 AAR 69cited Comcare v Hart (2004) 139 AAR 396 Comcare v Etheridge (2006) 149 FCR 522 cited Condell v Commissioner of Taxation [2007] FCAFC 44 cited Duong v Australian Postal Corporation (2005) 41 AAR 288 cited Hart v Comcare (2005) 145 FCR 29cited Lees v Comcare (1999) 56 ALD 84 distinguished Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 approved Telstra Corporation Ltd v Hannaford (2006) 151 FCR 253 cited PETER BRADLEY BUHR v COMCARE AND ADMINISTRATIVE APPEALS TRIBUNAL NSD 426 OF 2006

EDMONDS J

24 APRIL 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA