Goudappel v ADCO Constructions Pty Ltd [2013] NSWCA 94

Goudappel v ADCO Constructions Pty Ltd [2013] NSWCA 94

The phrase claim for compensation in Sch 6, Pt 19H, cl 15 of the Workers Compensation Act 1987 (NSW) referred to a claim for compensation generally, not only to a claim specifically seeking lump sum compensation under s 66 or s 67. Because the applicant had made a claim for compensation before 19 June 2012 in respect of the same injury, the 2012 amendments to s 66 did not apply to defeat his entitlement. To the extent the transitional regulation purported to apply the amendments so as to prejudicially affect the applicant's accrued s 66 right, it was beyond power and invalid.

Jurisdiction
Australia
Judgment Date
29 April 2013
Procedural Posture
Workers Compensation Appeal on a Point of Law / Application for Leave to Appeal From an Interlocutory Decision of the President of the Workers Compensation Commission Answering a Referred Question of Law
Outcome
Leave to appeal granted; appeal allowed; answer given in the Commission set aside; question answered favourably to the applicant; respondent ordered to pay the applicant's costs in this Court.
Legal Topics
['meaning of Claim for Compensation' 'transitional Provisions' 'lump Sum Compensation for Permanent Impairment' 'accrued Rights' 'validity of Transitional Regulation' 'regulation Making Power']
['workers Compensation' 'statutory Interpretation' 'administrative Law'] ['meaning of Claim for Compensation' 'transitional Provisions' 'lump Sum Compensation for Permanent Impairment' 'accrued Rights' 'validity of Transitional Regulation' 'regulation Making Power']

Case Brief

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Procedural Posture

Workers Compensation Appeal on a Point of Law / Application for Leave to Appeal From an Interlocutory Decision of the President of the Workers Compensation Commission Answering a Referred Question of Law

Legal Issues

  1. 1 ['Whether the phrase claim for compensation in Sch 6, Pt 19H, cl 15 of the Workers Compensation Act 1987 (NSW) referred to a claim for compensation generally or only to a claim specifically for lump sum compensation under s 66 or s 67.' 'Whether the Workers Compensation Amendment (Transitional) Regulation 2012, Sch 1, cl 11 validly limited the protection of pre-19 June 2012 claims to claims that specifically sought compensation under s 66 or s 67.' "When a worker's right to compensation for permanent impairment under s 66 of the Workers Compensation Act 1987 (NSW) accrues."]

Ratio Decidendi

The phrase claim for compensation in Sch 6, Pt 19H, cl 15 of the Workers Compensation Act 1987 (NSW) referred to a claim for compensation generally, not only to a claim specifically seeking lump sum compensation under s 66 or s 67. Because the applicant had made a claim for compensation before 19 June 2012 in respect of the same injury, the 2012 amendments to s 66 did not apply to defeat his entitlement. To the extent the transitional regulation purported to apply the amendments so as to prejudicially affect the applicant's accrued s 66 right, it was beyond power and invalid.

Court Disposition

Leave to appeal granted; appeal allowed; answer given in the Commission set aside; question answered favourably to the applicant; respondent ordered to pay the applicant's costs in this Court.

Orders

  • ['Grant the applicant leave to appeal from the decision of the President of the Workers Compensation Commission answering the stated question.' 'Allow the appeal and set aside the answer given in the Commission on 22 October 2012.' 'Answer the question as follows: The amendments to Division 4 of Part 3 of the...