Carson v Comcare [2015] FCA 50
The 50 km threshold in s 16(7) of the SRC Act is to be applied to each individual journey (including the return journey), not by aggregating multiple journeys. The language of 'such a journey' and references to 'the reasonable length' indicate a contrary intention to the singular including the plural, and the...
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 06 February 2015
- Procedural Posture
- Appeal / Judgment on Appeal From Administrative Appeals Tribunal
- Outcome
- Appeal dismissed.
- Legal Topics
- ['interpretation of Safety, Rehabilitation and Compensation Act 1988 (cth) S 16(7)' 'aggregation of Journey Distances for Compensation' 'entitlement to Travel Costs for Medical Treatment']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal
Legal Issues
- 1 ['Whether s 16(7) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) permits the aggregation of multiple necessary journeys to satisfy the 50 km threshold for the payment of compensation for travel expenses.']
Ratio Decidendi
The 50 km threshold in s 16(7) of the SRC Act is to be applied to each individual journey (including the return journey), not by aggregating multiple journeys. The language of 'such a journey' and references to 'the reasonable length' indicate a contrary intention to the singular including the plural, and the provision does not accommodate aggregation to satisfy the threshold.
Court Disposition
Appeal dismissed.
Orders
- ['The appeal be dismissed.']
Full Case Text
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