Ballas v Department of Education (State of NSW) [2019] NSWSC 234

Ballas v Department of Education (State of NSW) [2019] NSWSC 234

The delegate's reasons, read fairly and as a whole, showed that she understood, considered and rejected the plaintiff's substantial submission that the Approved Medical Specialist used irrelevant considerations and failed to use relevant considerations when assessing social and recreational activities. The delegate did not treat the PIRS categories as unconstrained by the Guidelines; rather, she correctly treated them as generic, general and overlapping categories whose application involved clinical judgment. No jurisdictional error or error of law on the face of the record was established, so the judicial review summons failed.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Administrative Law Judicial Review / Summons Seeking Judicial Review of a Delegate's Refusal to Allow an Appeal From a Medical Assessment Decision to Proceed; Final Judgment
Outcome
The summons filed on 14 September 2018 was dismissed and the plaintiff was ordered to pay the first defendant's costs as agreed or assessed.
Legal Topics
['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'medical Assessment Certificate' 'permanent Impairment' 'psychiatric Impairment Rating Scale' 'workers Compensation Guidelines']
['administrative Law' 'workers Compensation'] ['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'medical Assessment Certificate' 'permanent Impairment' 'psychiatric Impairment Rating Scale' 'workers Compensation Guidelines']

Case Brief

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Procedural Posture

Administrative Law Judicial Review / Summons Seeking Judicial Review of a Delegate's Refusal to Allow an Appeal From a Medical Assessment Decision to Proceed; Final Judgment

Legal Issues

  1. 1 ["Whether the delegate of the Registrar erred in law or made jurisdictional error by failing to consider the plaintiff's submission that the Approved Medical Specialist took into account irrelevant considerations and failed to take into account relevant considerations when assessing social and recreational activities under the PIRS." "Whether the delegate erred in deciding that the matters relevant to PIRS categories were, to some extent, a matter for the Approved Medical Specialist's discretion rather than solely an application of the Workers Compensation Guidelines." 'Whether the delegate was required to allow the appeal to proceed under s 327(4) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).']

Ratio Decidendi

The delegate's reasons, read fairly and as a whole, showed that she understood, considered and rejected the plaintiff's substantial submission that the Approved Medical Specialist used irrelevant considerations and failed to use relevant considerations when assessing social and recreational activities. The delegate did not treat the PIRS categories as unconstrained by the Guidelines; rather, she correctly treated them as generic, general and overlapping categories whose application involved clinical judgment. No jurisdictional error or error of law on the face of the record was established, so the judicial review summons failed.

Court Disposition

The summons filed on 14 September 2018 was dismissed and the plaintiff was ordered to pay the first defendant's costs as agreed or assessed.

Orders

  • ['The summons filed on 14 September 2018 is dismissed.' "The plaintiff is to pay the first defendant's costs as agreed or assessed."]