Commonwealth of Australia v. Goodfellow, F.W. [1980] FCA 71

Commonwealth of Australia v. Goodfellow, F.W. [1980] FCA 71

Neither the Commissioner nor the Tribunal had jurisdiction to make or reconsider a determination of the amount the respondent was liable to repay the Commonwealth under s.99(7); such matters must be determined by a court of competent jurisdiction. Compensation for the purpose of s.99(7) includes amounts paid to the employee as well as P.A.Y.E. income tax deductions remitted to the Commissioner of Taxation.

Jurisdiction
Australia
Judgment Date
21 May 1980
Procedural Posture
Appeal on Questions of Law / Original Jurisdiction, Decision on Appeal
Outcome
Appeal allowed
Legal Topics
['liability for Compensation' 'employee Employer Compensation Claims' 'powers of Compensation Authorities' 'jurisdiction of Tribunal' 'contributory Negligence' 'income Tax Deductions From Compensation']
['compensation Law' 'administrative Law'] ['liability for Compensation' 'employee Employer Compensation Claims' 'powers of Compensation Authorities' 'jurisdiction of Tribunal' 'contributory Negligence' 'income Tax Deductions From Compensation']

Case Brief

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Procedural Posture

Appeal on Questions of Law / Original Jurisdiction, Decision on Appeal

Legal Issues

  1. 1 ['Does the Commissioner or delegate have power of their own motion to make a determination under the Act?' 'Does the Commissioner or delegate have power to make a determination under s.99(7) of the Compensation (Commonwealth Government Employees) Act 1971?' 'Does the Tribunal have power to reconsider, affirm, vary, or set aside a determination made under s.99(7)?' 'Does the amount of compensation repayable to the Commonwealth include P.A.Y.E. deductions under income tax legislation?' 'Was compensation fully paid as required by s.45 of the Act?']

Ratio Decidendi

Neither the Commissioner nor the Tribunal had jurisdiction to make or reconsider a determination of the amount the respondent was liable to repay the Commonwealth under s.99(7); such matters must be determined by a court of competent jurisdiction. Compensation for the purpose of s.99(7) includes amounts paid to the employee as well as P.A.Y.E. income tax deductions remitted to the Commissioner of Taxation.

Court Disposition

Appeal allowed

Orders

  • ["Decision of the Commonwealth Employees' Compensation Tribunal of 7 May 1979 set aside." 'Questions of law answered as set out in judgment.']