THE LIVERPOOL HOSPITAL v HYSLOP [1988] NSWCA 86

THE LIVERPOOL HOSPITAL v HYSLOP

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBy P, HOPE and SAMUELS JJA 17 November 1987, 18 May 1988

[1988] NSWCA 86

ARBITRATION — award — meaning of — determination under Public Hospitals Act 1929, s29M — rates of remuneration for visiting medical officers — entitlement of officers to payment of "background practice costs" component whilst providing services on call-back — entitlement to on call allowance during period rostered on call even though providing services during contracted hours on which on call back — held: (allowing appeal in part from Hodgson J) (1) On a true construction of award, no sufficient ambiguities warrant reference pursuant to s34 Interpretation Act 1987 to background material tendered; (2) "Background practice costs" are payable to medical officer on call back; (3) "On call' allowance is payable during call back but not when medical officer is entitled to remuneration for contracted hours in a sessional contract requiring attendance. LAW REFORM — statutory arbitration — determination under Public Hospitals Act 1929, s29M — gaps in provisions of award — suggestions as to amendment of Act to permit reference back to arbitrator.

STATUTE — construction — reference to background materials — Interpretation Act 1987, s34 — whether available in interpretation of award of arbitrator under Public Hospitals Act 1929, s29M — held — award being in the nature of an award in the individual sense is made under statute — materials available to aid construction but in circumstances the award's meaning can be Sufficiently derived from its own language. Public Hospital's Act 1929 — s29L, s29N, s29M, s290, s29P, s29QA. Interpretation Act 1987, s34.

ORDER The parties within 28 days to bring in short minutes to give effect to the judgment of the Court.