Lander v Comcare [2000] FCA 339

Lander v Comcare [2000] FCA 339

The Tribunal erred in construing s 29(2)(d) as extending to the applicant's husband paying a third party to perform the required household services. Properly construed, the provision concerns household services personally provided by household members or family members, not services obtained through third party providers at their expense.

Jurisdiction
Australia
Judgment Date
14 March 2000
Procedural Posture
Appeal From a Decision of the Administrative Appeals Tribunal Concerning Compensation for Household Services Under S 29 of the Safety, Rehabilitation and Compensation Act 1988 (cth) / Final Judgment
Outcome
Application allowed with costs; Tribunal decision set aside and matter remitted for further consideration.
Legal Topics
['compensation for Household Services' 'safety, Rehabilitation and Compensation Act 1988 (cth) S 29' 'administrative Appeals Tribunal Error of Law' 'construction of S 29(2)(d)']
['administrative Law' 'workers Compensation' 'statutory Interpretation'] ['compensation for Household Services' 'safety, Rehabilitation and Compensation Act 1988 (cth) S 29' 'administrative Appeals Tribunal Error of Law' 'construction of S 29(2)(d)']

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Procedural Posture

Appeal From a Decision of the Administrative Appeals Tribunal Concerning Compensation for Household Services Under S 29 of the Safety, Rehabilitation and Compensation Act 1988 (cth) / Final Judgment

Legal Issues

  1. 1 ['Whether s 29(2)(d) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) is limited to the personal provision of household services by household members or extends to household members engaging third persons at their own expense to provide such services.' "Whether the Administrative Appeals Tribunal erred in denying further compensation on the basis that the applicant's husband could pay an employee to perform the required household services."]

Ratio Decidendi

The Tribunal erred in construing s 29(2)(d) as extending to the applicant's husband paying a third party to perform the required household services. Properly construed, the provision concerns household services personally provided by household members or family members, not services obtained through third party providers at their expense.

Court Disposition

Application allowed with costs; Tribunal decision set aside and matter remitted for further consideration.

Orders

  • ['The application be allowed, with costs.' 'The matter be remitted to the Tribunal for further consideration.']