Heise v Employers Mutual Limited [2022] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Heise v Employers Mutual Limited [2022] NSWCA 283 Hearing dates: 21 November 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Before: Mitchelmore JA at [1] Kirk JA at [2] Griffiths AJA at [80] Decision: (1) Leave to appeal is granted. (2) The appellant is to file a notice of appeal within 28 days in terms consistent with the draft amended notice of appeal. (3) The appeal is dismissed with costs. Catchwords: WORKERS COMPENSATION — Claim for compensation — Claim made by former police officer — Claim made on company engaged by Self Insurance Corporation as claims manager to assess claims under Government managed fund schemes — Claim not determined within relevant period — Private prosecution of company by claimant — Whether criminal liability extends to parties engaged to manage and assess claims under Government managed fund schemes Legislation Cited: Interpretation Act 1987 (NSW), s 21(1) NSW Self Insurance Corporation Act 2004 (NSW), ss 7(2), 8(1) Workers Compensation Act 1987 (NSW), ss 2A, 3, 140, 155, 211B Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4(1), 7(1), 60, 61(2)(a), 61(2)(c), 108(2)(c), 154G-M, 234, 235D(6), 250, 254, 260, 264, 274, 279, 281, 283, 288, 311, 376 Cases Cited: Ballas v Dept of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Bropho v Western Australia (1990) 171 CLR 1; [1990] HCA 24 CFMEU v Mammoet Australia Pty Ltd (2013) 248 CLR 619; [2013] HCA 36 Commissioner of Police (NSW) v Cottle (2022) 96 ALJR 304; [2022] HCA 7 Employers Mutual Limited v Heise [2018] NSWSC 1842 Employers Mutual Limited v Heise [2022] NSWSC 465 Fletcher International Exports Pty Ltd v Barrow [2007] NSWCA 244 Kempe v Complete Community Services Pty Ltd [2022] NSWSC 1095 Northern Land Council v Quall (2020) 271 CLR 394; [2020] HCA 33 State Authorities Superannuation Board v Commissioner of State Taxation for Western Australia (1996) 189 CLR 253; [1996] HCA Tan v National Australia Bank Ltd (2008) 6 DDCR 363; [2008] NSWCA 198 Telstra v Worthing (1999) 197 CLR 61; [1999] HCA 12 Texts Cited: NSW Legislative Council, Parliamentary Debates, 29 March 2001 at 12881 Workers Compensation Guidelines Category: Principal judgment Parties: Julie Heise (Applicant) Employers Mutual Limited (Respondent) Representation: Counsel: