Brackenreg v Comcare Australia [1995] FCA 118

Brackenreg v Comcare Australia [1995] FCA 118

The Tribunal failed to comply substantially with its obligations under s.43 of the Administrative Appeals Tribunal Act 1975 because it did not refer to the evidence upon which several material findings of fact were based, nor did it make clear how the applicant's evidence regarding her difficulties in undertaking various activities was treated. This lack of adequate reasons and reference to evidence constituted an error of law and a breach of the principle that justice must be seen to be done.

Jurisdiction
Australia
Judgment Date
15 March 1995
Procedural Posture
Appeal / Appeal From Administrative Appeals Tribunal on Question of Law
Outcome
Appeal allowed
Legal Topics
['obligation to Give Reasons' 'tribunal Decision Making' 'error of Law' 'workers Compensation' 'administrative Appeals Tribunal Act 1975 S.43' 'safety Rehabilitation and Compensation Act 1988']
['administrative Law'] ['obligation to Give Reasons' 'tribunal Decision Making' 'error of Law' 'workers Compensation' 'administrative Appeals Tribunal Act 1975 S.43' 'safety Rehabilitation and Compensation Act 1988']

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Procedural Posture

Appeal / Appeal From Administrative Appeals Tribunal on Question of Law

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal failed to comply with its obligations to give reasons for its decision and to refer to the evidence upon which its material findings of fact were based' 'Whether such failures by the Tribunal constituted an error of law']

Ratio Decidendi

The Tribunal failed to comply substantially with its obligations under s.43 of the Administrative Appeals Tribunal Act 1975 because it did not refer to the evidence upon which several material findings of fact were based, nor did it make clear how the applicant's evidence regarding her difficulties in undertaking various activities was treated. This lack of adequate reasons and reference to evidence constituted an error of law and a breach of the principle that justice must be seen to be done.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The respondent pay to the applicant her costs of the appeal.' 'The decision of the Administrative Appeals Tribunal dated 23 November 1993 be set aside.' 'The matter be remitted to the Administrative Appeals Tribunal to be heard and determined again.']