Comcare v Levett I.G. [1995] FCA 783

Comcare v Levett I.G. [1995] FCA 783

A respondent who suffered an injury before the commencement of the 1988 Act but whose impairment only became permanent after the Act commenced is not excluded from entitlement to compensation under s. 24, as s. 124(3) applies only if permanent impairment occurred before that date.

Parties
Applicant: COMCARE; Respondent: IAN GORDON LEVETT
Jurisdiction
Australia
Judgment Date
29 September 1995
Procedural Posture
Statutory Appeal / Appeal From Administrative Appeals Tribunal
Outcome
appeal dismissed; Tribunal decision affirmed
Legal Topics
Compensation for Permanent Impairment, Transitional Provisions, Tribunal Obligations to Make Factual Findings
Administrative Law Statutory Interpretation Workers Compensation Compensation for Permanent Impairment Transitional Provisions Tribunal Obligations to Make Factual Findings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

COMCARE

Applicant

IAN GORDON LEVETT

Respondent

Procedural Posture

Statutory Appeal / Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Construction of s. 124(3) of the Safety, Rehabilitation and Compensation Act 1988 (Cth)
  2. 2 Meaning of 'permanent impairment' and 'being an impairment'
  3. 3 Whether respondent's impairment became permanent after the commencement date

Ratio Decidendi

A respondent who suffered an injury before the commencement of the 1988 Act but whose impairment only became permanent after the Act commenced is not excluded from entitlement to compensation under s. 24, as s. 124(3) applies only if permanent impairment occurred before that date.

Court Disposition

appeal dismissed; Tribunal decision affirmed

Orders

  • The decision of the Administrative Appeals Tribunal made on 6 April 1995 is affirmed.
  • The application is otherwise dismissed.