Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Howes v Comcare [2016] FCA 1521 Appeal from: Roseanne Howes v Comcare [2016] AATA 448
File number: ACD 62 of 2016
Judge: GRIFFITHS J
Date of judgment: 14 December 2016
Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal (AAT) under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) affirming the respondent's decision to refuse the applicant reimbursement for cost of breast reduction surgery under s 16 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether the AAT misconstrued s 16 in holding that the "medical treatment" was not obtained "in relation to" the compensable injury – whether AAT decision or fact finding unreasonable in the legal sense – alleged misapplication of the Jones v Dunkel principle. COMPENSATION – claim for reimbursement for cost of breast reduction surgery under s 16. Held – appeal dismissed.
Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Family Law Act 1975 (Cth) Mining Act 1968 (Qld) Motor Vehicles Insurance Act 1936 (Qld) Safety, Rehabilitation and Compensation Act 1998 (Cth) Workers' Compensation Act 1916 (Qld)
Cases cited: Bashar v Comcare [2002] FCA 837 Comcare v Martinez (No 2) [2013] FCA 439; 212 FCR 272 Comcare v Watson (1997) 73 FCR 273 Ekinci v Civil Aviation Safety Authority [2014] FCAFC 180; 227 FCR 459 Green v Minister for Immigration and Citizenship [2008] FCA 125; 100 ALD 346 Howes v Comcare [2015] FCA 1078 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Kelly v Australian Postal Corporation [2015] FCA 1064; 67 ALR 359 Kennon v Spry [2008] HCA 56; 238 CLR 366 Kumar v Minister for Immigration and Citizenship [2009] AATA 124; 107 ALD 178 Manns v Comcare [2012] AATA 462 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 O'Grady v Northern Queensland Co Ltd [1990] HCA 16; 169 CLR 356 Roseanne Howes v Comcare [2016] AATA 448 Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8; 317 ALR 328 Technical Products Pty Ltd v State Insurance Office [1989] HCA 29; 167 CLR 45 Travelex Ltd v Commission of Taxation of the Commonwealth of Australia [2010] HCA 33; 241 CLR 510 Trustees Executors & Agency Co. Ltd. v Reilly [1941] VLR 110 Waterford v The Commonwealth (1986) 163 CLR 54 Workers Compensation Board v Technical Products Pty Ltd [1988] HCA 49; 165 CLR 642
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