WORKCOVER AUTHORITY OF NSW v MACKLEY [2006] NSWCA 204

Reported Decision : 66 NSWLR 305

New South Wales Court of Appeal

CITATION: WORKCOVER AUTHORITY OF NSW v MACKLEY [2006] NSWCA 204

HEARING DATE(S): 20/06/06

JUDGMENT DATE: 27 July 2006

JUDGMENT OF: Hodgson JA at 1; McColl JA at 7; Bryson JA at 8

DECISION: Appeal dismissed with costs.

CATCHWORDS: WORKERS COMPENSATION - Uninsured Liability and Indemnity Scheme - recovery by WorkCover Authority from uninsured employer - extent of discretionary power of WCC under s.145 of WCAct - Worker recovered award against uninsured employer and WorkCover Authority - WorkCover paid compensation and served notice on employer under s.145(1) requiring reimbursement - employer applied under s.145(2) to WCC for determination as to liability and Presidential Member decided not to enforce the notice but to relieve employer from liability - consideration of whether power of WCC under s.145(4) ("... make such determination ... as the Commission thinks fit") is a discretion to formulate determination in whatever terms WCC thinks fit to give effect to rights of parties or a wider discretion to decide what the rights of the parties should be - consideration of - nature of entitlements conferred by Pt.4 Div.6 of WCAct - effect of earlier proceedings between same parties in Compensation Court - held that the discretion is a wide discretion and extends to power to relieve uninsured employer from liability - appeal dismissed.

Interpretation Act 1987 (NSW) s.9 Workers Compensation Act 1987 (NSW) Pt.4 Div.6; Pt.8; ss.60, 66, 67, 140, 141A, 142, 143, 144, 145, 145A, 148A LEGISLATION CITED: Workers Compensation Amendment (Insurance Reform) Act 2003 No. 81 Sch. 2 Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 No. 113 Sch. 3.2 Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss.105, 287, 344, 353, 367(1)