Australian Salaried Medical Officers' Federation (New South Wales) (on the behalf of Professor Morris) and Health Administration Corporation and others [2004] NSWIRComm 319

Industrial Relations Commission of New South Wales

CITATION : Australian Salaried Medical Officers' Federation (New South Wales) (on the behalf of Professor Morris) and Health Administration Corporation and others [2004] NSWIRComm 319 revised - 11/11/2004 APPLICANT (Respondent to Notice of Motion) Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Professor Morris) PARTIES : RESPONDENTS (Applicants to Notice of Motion) First Respondent - Health Administration Corporation Second Respondent - New South Wales Department of Health Third Respondent - Central Sydney Area Health Service FILE NUMBER: 4039 of 2003 CORAM: Sams DP Application for reinstatement of injured worker - Professor of nuclear medicine - injury while at work - workers' compensation payments - settlement of proceedings - notice of motion - motion to strike out - definition of "injured worker" in s91 of the Act - whether applicant an injured worker at time of dismissal - relationship to workers' compensation legislation - statutory construction - meaning of words - beneficial legislation - principles of statutory construction - whether reinstatement can be made to a hospital outside Central Sydney Area Health Service - deeming provisions. CATCHWORDS : Held, employee not entitled to workers' compensation at time of dismissal - employee cannot be an "injured worker" for the purposes of s91 of the Act - employee unable to proceed under Pt 7 ch 2 of the Act - notice of motion granted - no jurisdiction - proceedings dismissed and concluded - unnecessary to determine whether employee can be reinstated to hospitals outside the Central Sydney Area Health Service - orders made. Industrial Relations Act 1996 LEGISLATION CITED : Workers' Compensation Act 1987 Health Services Act 1997 Workplace Injury Management and Workers' Compensation Act 1998 Baldestowe v Brown (1990) 19 NSWLR 459 Brambles Constructions Pty Ltd v Helmers (1996) 114 CLR 213 Cansino v South Western Sydney Area Health Service (1999) 130 IR 1 Construction, Forestry, Mining and Energy Union (New South Wales Branch) on behalf of Scott Anthony Elwell and Cobar Mining Services Pty Ltd & Anor [2004] NSWIRComm 32 Dana Tasovac v New South Wales Police Service [1999] NSWIRComm 436 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority (NSW) (Inspector Ch'ng) (1999) 90 IR 432 Gillies and Ors v Health Administration Corporation and Anor [2003] NSWIRComm 243 CASES CITED : Health Administration Corporation and others v Crocker and others [2004] NSWIRComm 163 Hill v Director General of the Department of Education (1998) 85 IR 201 I & J Foods Pty Limited v Bergzam Pty Ltd (1997) 14 NSWCCR 486 Lapcevic v Collier [2002] NSWCA 300 Leonard v Smith (1992) 27 NSWLR 5 Police Association of New South Wales v New South Wales Police [2004] NSWIRComm 256 South Eastern Sydney Area Health Service v Gadiry and Anor [2002] NSWCA 161 State of New South Wales v Banas [2004] NSWIRComm 255 State Rail Authority of New South Wales v The Honourable Justice Bauer and Others (1994) 55 IR 263 HEARING DATES: 10/01/2004 DATE OF JUDGMENT: 10/29/2004