Heath v Commonwealth [1982] HCA 61

Heath v Commonwealth [1982] HCA 61

Although a s. 39 determination would, by operation of s. 46(5), terminate future weekly payments for partial incapacity, the Commissioner was not entitled in the circumstances to make such a determination of his own motion while Mr. Heath was receiving s. 46 payments and had requested redemption under s. 49. The compensation payable on 30 November 1978 was the amount payable under s. 46 during the period of partial incapacity, with a further s. 39 lump sum payable only on application after the expiry of that period or after an earlier s. 49 lump sum determination. The Commissioner therefore erred in treating s. 39 as taking precedence over the s. 49 request.

Jurisdiction
Australia
Procedural Posture
Appeal on Questions of Law Concerning Compensation Under the Compensation (commonwealth Government Employees) Act 1971 Cth / Appeal From the Full Court of the Federal Court of Australia After Questions of Law Were Referred From the County Court of Victoria Under S. 94 A(1)
Outcome
Appeal allowed with costs. The order of the Full Court of the Federal Court of Australia was set aside and the questions in the case stated were answered in favour of Mr. Heath on the critical issues.
Legal Topics
['commonwealth Employee Compensation' 'partial Incapacity for Work' 'lump Sum Compensation for Scheduled Injuries' 'redemption of Weekly Payments' "commissioner's Powers Under Compensation Legislation"]
['workers Compensation' 'administrative Law' 'statutory Interpretation'] ['commonwealth Employee Compensation' 'partial Incapacity for Work' 'lump Sum Compensation for Scheduled Injuries' 'redemption of Weekly Payments' "commissioner's Powers Under Compensation Legislation"]

Case Brief

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Procedural Posture

Appeal on Questions of Law Concerning Compensation Under the Compensation (commonwealth Government Employees) Act 1971 Cth / Appeal From the Full Court of the Federal Court of Australia After Questions of Law Were Referred From the County Court of Victoria Under S. 94 A(1)

Legal Issues

  1. 1 ['Whether compensation payable to the employee on 30 November 1978 was compensation under s. 39, weekly payments under s. 46, or both.' 'Whether it was open to the Commissioner on 30 November 1978 to determine that compensation payable was the amounts specified by s. 39 for the relevant losses.' 'Whether a s. 39 determination brought to an end any entitlement under s. 46 to weekly payments for partial incapacity resulting from the injuries.' "Whether it was open to the Commissioner to refuse the employee's s. 49 request for redemption of the Commonwealth's liability to make further s. 46 payments."]

Ratio Decidendi

Although a s. 39 determination would, by operation of s. 46(5), terminate future weekly payments for partial incapacity, the Commissioner was not entitled in the circumstances to make such a determination of his own motion while Mr. Heath was receiving s. 46 payments and had requested redemption under s. 49. The compensation payable on 30 November 1978 was the amount payable under s. 46 during the period of partial incapacity, with a further s. 39 lump sum payable only on application after the expiry of that period or after an earlier s. 49 lump sum determination. The Commissioner therefore erred in treating s. 39 as taking precedence over the s. 49 request.

Court Disposition

Appeal allowed with costs. The order of the Full Court of the Federal Court of Australia was set aside and the questions in the case stated were answered in favour of Mr. Heath on the critical issues.

Orders

  • ['Appeal allowed with costs.' 'Order of the Full Court of the Federal Court of Australia set aside.' 'Question 1 answered: The compensation payable on 30 November 1978 to the applicant was the amount payable under s. 46 during the period of his partial incapacity for work and, in addition, on application made after...