ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18

ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18

Clause 11 of Schedule 8 to the Workers Compensation Regulation 2010 (NSW), validly made pursuant to clause 5(4) of Part 19H of Schedule 6 to the Workers Compensation Act 1987 (NSW), had the effect that the amendments to Division 4 of Part 3 of the Workers Compensation Act 1987 (NSW) introduced by Schedule 2 to the Workers Compensation Legislation Amendment Act 2012 (NSW) applied to claims for compensation made on and after 19 June 2012, unless a claim specifically seeking compensation under section 66 or 67 was made prior to 19 June 2012, thereby extinguishing Mr Goudappel's entitlement to lump sum compensation for permanent impairment at less than the threshold.

Parties
Appellant: ADCO Constructions Pty Ltd; First Respondent: Ronald Goudappel; Second Respondent: WorkCover Authority of New South Wales
Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Appeal / High Court Appeal From the Court of Appeal of the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Permanent Impairment Compensation, Transitional Provisions, Savings Provisions, Henry VIII Clauses, Retrospectivity of Delegated Legislation
Workers Compensation Statutory Interpretation Permanent Impairment Compensation Transitional Provisions Savings Provisions Henry VIII Clauses Retrospectivity of Delegated Legislation

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Parties

ADCO Constructions Pty Ltd

Appellant

Ronald Goudappel

First Respondent

WorkCover Authority of New South Wales

Second Respondent

Procedural Posture

Appeal / High Court Appeal From the Court of Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the amendments to Division 4 of Part 3 of the Workers Compensation Act 1987 (NSW) introduced by Schedule 2 of the Workers Compensation Legislation Amendment Act 2012 (NSW) apply to claims for compensation pursuant to s 66 made on and after 19 June 2012, where a worker has made a claim for compensation of any type in respect of the same injury before 19 June 2012
  2. 2 Whether the transitional regulation (clause 11 of Schedule 8 to the Workers Compensation Regulation 2010 (NSW)) extinguished accrued rights to permanent impairment compensation
  3. 3 Whether the transitional regulation was valid

Ratio Decidendi

Clause 11 of Schedule 8 to the Workers Compensation Regulation 2010 (NSW), validly made pursuant to clause 5(4) of Part 19H of Schedule 6 to the Workers Compensation Act 1987 (NSW), had the effect that the amendments to Division 4 of Part 3 of the Workers Compensation Act 1987 (NSW) introduced by Schedule 2 to the Workers Compensation Legislation Amendment Act 2012 (NSW) applied to claims for compensation made on and after 19 June 2012, unless a claim specifically seeking compensation under section 66 or 67 was made prior to 19 June 2012, thereby extinguishing Mr Goudappel's entitlement to lump sum compensation for permanent impairment at less than the threshold.

Court Disposition

Appeal allowed

Orders

  • Set aside paragraph 3 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 29 April 2013 and substitute the specified order regarding the question to the Workers Compensation Commission President.
  • Appellant to pay the first respondent's costs in this Court.