Comcare v Stewart [2019] FCA 365

FEDERAL COURT OF AUSTRALIA

Comcare v Stewart [2019] FCA 365 File number: ACD 83 of 2018

Judge: ROBERTSON J

Date of judgment: 21 March 2019

Catchwords: WORKERS' COMPENSATION – Safety, Rehabilitation and Compensation Act 1988 (Cth) – appeal on questions of law from a decision of the Administrative Appeals Tribunal – statutory construction – where injury "does not include a disease… suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment" – whether Tribunal misconstrued or misapplied this statutory provision – whether error in respect of one integer infected the Tribunal's conclusion in relation to another ADMINISTRATIVE LAW – appeal on questions of law from a decision of the Administrative Appeals Tribunal – Commonwealth workers' compensation – statutory construction – where injury "does not include a disease… suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment" – whether Tribunal misconstrued or misapplied this statutory provision – whether error in respect of one integer infected the Tribunal's conclusion in relation to another

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5A

Cases cited: Comcare v Drinkwater [2018] FCAFC 62; 158 ALD 244 Comcare v Martin [2016] HCA 43; 258 CLR 467 Comcare v Martinez (No 2) [2013] FCA 439; 212 FCR 272 Commonwealth Bank of Australia v Reeve [2012] FCAFC 21; 199 FCR 463 Drenth and Comcare [2011] AATA 582 Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42 Long v Comcare [2016] FCA 737 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Smith v Comcare [2013] FCAFC 65; 212 FCR 335 Stieglitz v Comcare [2010] AATA 263 Thompson and Comcare [2012] AATA 752 Wiegand v Comcare Australia [2002] FCA 1464; 72 ALD 795