Reitano, Frederick Victor v Commonwealth of Australia [1983] FCA 175

Reitano, Frederick Victor v Commonwealth of Australia [1983] FCA 175

The Commissioner has competence to reconsider whether an employee is entitled to continuing weekly compensation payments and to exercise the power of variation or revocation under s.20(4) even after an application for redemption under s.49 is made. There is no legal basis to read down the power and redemption does...

Source-derived case information.

Parties
Appellant: Frederick Victor Reitano; Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
05 August 1983
Procedural Posture
Appeal / Judgment on Appeal From Orders of Single Judge, Federal Court
Outcome
Appeal dismissed, with variation of order.
Legal Topics
Commonwealth Employees Compensation, Redemption of Liability for Compensation, Variation or Revocation of Compensation Determinations
Administrative Law Commonwealth Employees Compensation Redemption of Liability for Compensation Variation or Revocation of Compensation Determinations

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Parties

Frederick Victor Reitano

Appellant

The Commonwealth of Australia

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Orders of Single Judge, Federal Court

Legal Issues

  1. 1 Whether Commissioner can vary or revoke a determination for weekly compensation payments after an application for redemption by lump sum is made

Ratio Decidendi

The Commissioner has competence to reconsider whether an employee is entitled to continuing weekly compensation payments and to exercise the power of variation or revocation under s.20(4) even after an application for redemption under s.49 is made. There is no legal basis to read down the power and redemption does not extinguish the Commissioner’s discretion.

Court Disposition

Appeal dismissed, with variation of order.

Orders

  • Order No. 5 of Fitzgerald J. of 27 October 1982 varied by deleting reference to the determination of 3 April 1981 of a delegate of the Commissioner entitling the applicant to compensation from 1 September 1980 until a date to be determined by the Commissioner or Delegate of payment of $105.00 per week in respect of...
  • Otherwise the appeal dismissed.