Military Rehabilitation & Compensation Commission v Perry [2007] FCA 1586

FEDERAL COURT OF AUSTRALIA

Military Rehabilitation & Compensation Commission v Perry [2007] FCA 1586 ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – effect of amendment to s 8(9) of Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether s 8(6) of Act continues to apply to Commonwealth employee who has ceased to be employed – how s 8(9B) of Act applies where injury suffered prior to commencement of subsection – section 8(9B) of Act provides for continued application of s 8(6) – whether s 8(9B) has retrospective operation – amendment has future action on past events and is not retrospective

Acts Interpretation Act 1991 (Cth) ss 8, 15AA Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 8(1), 8(6), 8(9)-(9D), 14, 19, 19(2) Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (Cth) Coleman v Shell Co of Australia Ltd (1943) 45 (SR) 27 cited Doro v Victorian Railways Commissioners [1960] VR 84 cited Esber v Commonwealth (1992) 174 CLR 430 cited Fisher v Hebburn Ltd (1960) 105 CLR 188 cited Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 cited Kraljevich v Lake View and Star Ltd (1945) 70 CLR 647 applied Maxwell v Murphy (1957) 96 CLR 261 cited Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 cited Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 cited Robertson v City of Nunawading [1973] VR 819 cited

Pearce DC & Geddes RS, Statutory Interpretation in Australia (6th ed, Lexis Nexis Butterworths, 2006) MILITARY REHABILITATION AND COMPENSATION COMMISSION v DAVID PERRY NSD 546 OF 2007

BENNETT J

16 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

SYDNEY DISTRICT REGISTRY NSD 546 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY PROFESSOR I A SHEARER, SENIOR MEMBER