Parker v Military Rehabilitation and Compensation Commission [2007] FCA 1161

FEDERAL COURT OF AUSTRALIA

Parker v Military Rehabilitation and Compensation Commission [2007] FCA 1161 ADMINISTRATIVE LAW – consideration of the question of whether the Administrative Appeals Tribunal erred in law by finding that the respondent properly determined a degree of permanent impairment of nil in making a determination under s 24(5) of the Safety Rehabilitation and Compensation Act 1988 (Cth) in respect of an injury suffered by the applicant giving rise to a permanent loss of sight in the right eye – consideration of whether reference to a pre‑existing condition properly resulted in a determination of no permanent impairment for the purposes of the Act – consideration of the provisions of a Guide to the Assessment of the Degree of Permanent Impairment as a subordinate instrument – consideration of the question to be addressed under s 24(5). Held Decision of the Administrative Appeals Tribunal set aside and consequential orders made. The Administrative Appeals Tribunal Act 1975, s 44(1), s 44(4) Safety Rehabilitation and Compensation Act 1988 (Cth), s 4(1), s 6A, s 14, s 24, s 28 Guide to the Assessment of the Degree of Permanent Impairment TNT Skypak International (Aust) Pty Ltd v Commissioner of Taxation (1988) 19 ATR 1067 – quoted and applied Comcare v Etheridge 149 FCR 522 – quoted and applied Comcare v Houghton [2003] FCA 332 - quoted and applied Canute v Comcare [2006] HCA 47; 80 ALJR 1578 - quoted and applied RICHARD WILLIAM PARKER v MILITARY REHABILITATION AND COMPENSATION COMMISSION QUD328 OF 2006

GREENWOOD J

7 AUGUST 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD328 OF 2006

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

BETWEEN: RICHARD WILLIAM PARKER

Applicant

AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION