Department of Education v TF [2017] NSWSC 1596

Supreme Court New South Wales

Medium Neutral Citation: Department of Education v TF [2017] NSWSC 1596 Hearing dates: 8 December 2016 Date of orders: 23 November 2017 Decision date: 23 November 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) The Summons filed 28 June 2016 be dismissed

(2) Each party to pay its and his own costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – Medical Appeal Panel review of Medical Assessment Certificate by Authorised Medical Specialist

ADMINISTRATIVE LAW – judicial review – grounds of appeal properly considered by Panel

ADMINISTRATIVE LAW – judicial review – power of Registrar of Workers Compensation Commission to refer matter to Medical Appeal Panel Legislation Cited: Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Marina Pitsonis v Registrar of the Workers Compensation Commission [2008] NSWCA 88; (2008) 73 NSWLR 366 New South Wales Police Force v Daniel Wark [2012] NSWCCMA 36 New South Wales Police Force v The Registrar of the Workers Compensation Commission of NSW [2013] NSWSC 1792 Siddik v WorkCover Authority of NSW [2008] NSWCA 116; (2008) 6 DDCR 228 Texts Cited: WorkCover Guides for the Evaluation of Permanent Impairment (3rd ed., 6 February 2009) Category: Principal judgment Parties: Secretary, NSW Department of Education (P) TF (D1) Mr John Wynyard, arbitrator, Dr Lana Kossoff, AMS and Assoc Prof Nicholas Glozier, AMS, as the members of the Medical Appeal Panel of the Workers Compensation Commission of NSW (D2) Registrar of the Workers Compensation Commission of NSW (D3) Representation: Counsel: S Blount (P) R de Meyrick (D1,D2, D3)