Ross Speirs v Springvale Coal Pty Ltd [2010] NSWIRComm 30

Industrial Relations Commission of New South Wales

CITATION: Ross Speirs v Springvale Coal Pty Ltd [2010] NSWIRComm 30

PARTIES: Ross Speirs (Appellant) Springvale Coal Pty Ltd (Respondent)

FILE NUMBER(S): IRC 1631 of 2009

CORAM: Walton J Acting President; Grayson DP; Bishop C

CATCHWORDS: APPEAL - application for reinstatement of injured worker - Part 8 of Workers Compensation Act 1987 - absence of order for compensation against employer - jurisdiction of Commission under Pt 8 - narrower question of jurisdiction at first instance than appeal - s 240(2) and (3) - error at first instance - whether may be confirmed different basis - s 105 of Workplace Injury Management and Workers Compensation Act 1998 - leave to appeal granted - principles statutory interpretation - meaning 'Subject to this Act' - legislative history - effect of s 105 on jurisdiction Commission under Pt 8 - Commission may not determine, for itself, whether employee entitled to compensation for purposes exercising power under Pt 8 - jurisdiction dependent finding liability by Workers Compensation Commission or, in this case, District Court - appeal dismissed - no ruling question fitness

Compensation Court Act 1984 Compensation Court (Amendment) Act 1989 Compensation Court Repeal Act 2002 Industrial Arbitration Act 1940 Industrial Arbitration Amendment Act 1987 Industrial Arbitration (Workers Compensation) Amendment Act 1987 Industrial Relations Act 1996 Industrial Relations Further Amendment Act 2006 LEGISLATION CITED: Workers' Compensation Act 1926 Workers Compensation Act 1987 Workers Compensation (Amendment) Act 1984 Workers Compensation (Compensation Court) Amendment Act 1989 Workers Compensation Legislation Amendment Act 1998 Workers Compensation Legislation Amendment Act 2001 Workers Compensation Legislation Further Amendment Act 2001 Workplace Injury Management and Workers Compensation Act 1998 Workplace Relations Amendment (Work Choices) Act 2005