Australian Capital Territory v Ross [2024] FCA 1229

Australian Capital Territory v Ross [2024] FCA 1229

The appeal is allowed by consent as the Tribunal failed to properly apply s 4(9)(b) of the SRC Act by not making the required comparison of the respondent's capacity to work at the relevant 'level' before and after injury and failed to provide adequate reasons.

Parties
Applicant: Australian Capital Territory; Respondent: Gerard Ross
Jurisdiction
Australia
Judgment Date
23 October 2024
Procedural Posture
Appeal / Appeal Allowed by Consent, From Decision of Administrative Appeals Tribunal
Outcome
Appeal allowed by consent; Tribunal decision set aside; original decision affirmed; no order as to costs.
Legal Topics
Practice and Procedure, Appeal From Tribunal, Workers' Compensation, Statutory Interpretation
Employment and Industrial Relations Practice and Procedure Appeal From Tribunal Workers' Compensation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Capital Territory

Applicant

Gerard Ross

Respondent

Procedural Posture

Appeal / Appeal Allowed by Consent, From Decision of Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in its application of s 4(9)(b) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) regarding incapacity for work
  2. 2 Whether the Tribunal failed to compare the level at which the respondent was engaged to work immediately before injury and the same level following injury
  3. 3 Whether sufficient reasons were provided under law

Ratio Decidendi

The appeal is allowed by consent as the Tribunal failed to properly apply s 4(9)(b) of the SRC Act by not making the required comparison of the respondent's capacity to work at the relevant 'level' before and after injury and failed to provide adequate reasons.

Court Disposition

Appeal allowed by consent; Tribunal decision set aside; original decision affirmed; no order as to costs.

Orders

  • The applicant is given leave to amend its notice of appeal.
  • The appeal is allowed.