McCoy v Administration of Norfolk Island [2004] NFSC 2

SUPREME COURT OF NORFOLK ISLAND

McCoy v Administration of Norfolk Island [2004] NFSC 2

EMPLOYMENT – partial incapacity under worker's compensation legislation.

Social Security Act 1991 (Cth) Norfolk Island Act 1979 (Cth) Employment Act 1988 (NI) Arnotts Snack Products Proprietary Limited v Yacob (1985) 155 CLR 171 followed Ball v William Hunt & Sons, Limited [1912] AC 496 applied John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503 distinguished ROBERT McCOY V ADMINISTRATION OF NORFOLK ISLAND SC 1 OF 2004 CORAM: BEAUMONT CJ. PLACE: SYDNEY DATED: 26 JULY 2004

IN THE SUPREME COURT

OF NORFOLK ISLAND SC 1 OF 2004

ON APPEAL FROM THE EMPLOYMENT TRIBUNAL

IN THE MATTER OF: ROBERT McCOY

Appellant

AND: ADMINISTRATION OF NORFOLK ISLAND

Respondent

CORAM: BEAUMONT CJ.

PLACE: SYDNEY

DATED: 26 JULY 2004

THE COURT ORDERS THAT: 1. The appeal be dismissed, with costs.

IN THE SUPREME COURT

OF NORFOLK ISLAND SC 1 OF 2004

ON APPEAL FROM THE EMPLOYMENT TRIBUNAL

IN THE MATTER OF: ROBERT McCOY

Appellant

AND: ADMINISTRATION OF NORFOLK ISLAND

Respondent

REASONS FOR JUDGMENT BEAUMONT CJ: 26 July 2004

Introduction 1 This appeal from the dismissal of a complaint by the Employment Tribunal arises in the following circumstances: 2 By his complaint dated 24 September 2003 made to the Employment Tribunal ('the Tribunal') the appellant made the following claims: · He sustained injuries on 11 April 2002 during the course of his employment with Max Darset Services. · Liability of payment of compensation pursuant to Part 3 of the Employment Act 1988 (NI) ('the Act') was accepted. · He was in receipt of compensation in respect of his incapacity pursuant to s 30 of the Act. · Further and in addition, he was in receipt of compensation for medical treatment pursuant to s 37. · Compensation was ceased, effective from 25 July 2003, on the basis that he left Norfolk Island. It is his submission that there was no entitlement to cease compensation benefits on this basis. · He lodged a complaint with a member of the Employment Board. The result of the enquiry led to the reinstatement of benefits for a brief period. A Certificate of Result was attached to the complaint. · This Certificate was received on 18 September 2003. · He sought the reinstatement of his benefits pursuant to the Act. 3 In Summary: 4 Part 3 of the Act (ss 26 – 47) provides for compensation for work-related accidents. Section 30 provides for compensation for total or partial incapacity. 5 Section 37 provides for compensation for medical treatment where compensation is payable under Part 3. 6 Part 5 of the Act (ss 65 – 94) deals with Conciliation, Adjudication and Review. 7 Division 1 (ss 65 – 77) of Part 5 deals with Conciliation. By s 77(1)(a), the Employment Board shall endeavour to resolve a complaint brought before it by conciliation. 8 Division 2 (ss 78 – 90) of Part 5 deals with Adjudication. By s 78, the Court of Petty Sessions (referred to as the Employment Tribunal) has the adjudication functions conferred upon it by Part 5. In the present matter, the appellant's complaint, in the form of an application for review, was dismissed by the Tribunal. 9 Division 3 (ss 91 – 94) of Part 5 provides for Review by appeal to this Court. By s 92(1) it is provided that, subject to s 92(2), this Court has general jurisdiction to hear and determine an appeal on any question, whether of fact or law, relating to the Tribunal's determination or order. (Section 92(2) limits the appeal to a question of law where the matter in issue in an appeal amounts to, or is of the value of, $2,500 or less.)