Comcare v Eames [2008] FCA 422

FEDERAL COURT OF AUSTRALIA

Comcare v Eames [2008] FCA 422

ADMINISTRATIVE LAW – administrative tribunals – Administrative Appeals Tribunal (Cth) – appeals to Federal Court – questions of law – whether question as to whether procedural fairness afforded is a question of law WORKERS' COMPENSATION – entitlement to compensation – exclusions –"meaning of reasonable disciplinary action" by employer Held: (1) question of whether procedural fairness was afforded in disciplinary action by a departmental inquisitor is a question of law; (2) there had been a denial by the inquisitor of procedural fairness; (3) AAT erred in understanding when "disciplinary action" had commenced; (4) the errors of law could not have affected the actual result reached by the Tribunal.

Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4

Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 cited Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Bridges v Minister for Immigration and Multicultural Affairs (2001) 67 ALD 306 followed Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees v Chenhall (1992) 37 FCR 75 applied Schmid v Comcare (2003) 77 ALD 782 cited Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 cited COMCARE v REBECCA EAMES ACD 1 OF 2007

MADGWICK J

1 APRIL 2008

SYDNEY (HEARD IN CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 1 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY JW CONSTANCE, SENIOR MEMBER

BETWEEN: COMCARE

Applicant

AND: REBECCA EAMES

Respondent

JUDGE: MADGWICK J