Commonwealth of Australia v. Henderson, J.H. [1985] FCA 209

Commonwealth of Australia v. Henderson, J.H. [1985] FCA 209

The Tribunal did not err in considering the effect of tinnitus when assessing the percentage of hearing loss; such assessment and quantification were findings of fact upon the evidence, not errors of law, and therefore not appealable under s.44(1) of the Administrative Appeals Tribunal Act 1975.

Parties
Applicant: Commonwealth of Australia; Respondent: John Hillier Henderson
Jurisdiction
Australia
Judgment Date
30 May 1985
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Workers Compensation, Assessment of Hearing Loss, Tinnitus and Hearing Loss, Interpretation of 'loss of Hearing' in Statutory Context
Administrative Law Compensation Law Workers Compensation Assessment of Hearing Loss Tinnitus and Hearing Loss Interpretation of 'loss of Hearing' in Statutory Context

Case Brief

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Parties

Commonwealth of Australia

Applicant

John Hillier Henderson

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether 'loss of hearing' under the Compensation (Commonwealth Government Employees) Act 1971 is limited to sensori-neural hearing loss
  2. 2 Whether tinnitus may be accounted for as part of hearing loss under the Act
  3. 3 Whether the Tribunal's assessment of hearing loss including tinnitus amounts to an error of law for purposes of s.44(1) Administrative Appeals Tribunal Act 1975

Ratio Decidendi

The Tribunal did not err in considering the effect of tinnitus when assessing the percentage of hearing loss; such assessment and quantification were findings of fact upon the evidence, not errors of law, and therefore not appealable under s.44(1) of the Administrative Appeals Tribunal Act 1975.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.