Australian Telecommunication Commission v Glennie, E.A. [1982] FCA 63

Australian Telecommunication Commission v Glennie, E.A. [1982] FCA 63

The request to the Tribunal referred all matters or questions to which the determination of 8 October 1980 related. That determination expressly found a deemed work-related injury and liability to pay compensation, but did not indicate what compensation Glennie was entitled to or the degree of incapacity. Because quantum or degree of incapacity related to the compensable injury and liability found by the Commissioner, the Tribunal was entitled to treat the omission as significant and to set aside the determination and remit the matter to the Commissioner under s.84(1)(c)(ii).

Jurisdiction
Australia
Judgment Date
06 May 1982
Procedural Posture
Appeal Under the Compensation (commonwealth Government Employees) Act 1971 From the Commonwealth Employees' Compensation Tribunal / Appeal From Tribunal Decision Setting Aside a Determination and Remitting the Matter to the Commissioner
Outcome
Appeal dismissed.
Legal Topics
["commonwealth Employees' Compensation" 'compensation Tribunal Reconsideration' 'disease Deemed Personal Injury' 'incapacity and Quantum of Compensation' 'remittal to Commissioner']
['workers Compensation' 'administrative Law'] ["commonwealth Employees' Compensation" 'compensation Tribunal Reconsideration' 'disease Deemed Personal Injury' 'incapacity and Quantum of Compensation' 'remittal to Commissioner']

Case Brief

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Procedural Posture

Appeal Under the Compensation (commonwealth Government Employees) Act 1971 From the Commonwealth Employees' Compensation Tribunal / Appeal From Tribunal Decision Setting Aside a Determination and Remitting the Matter to the Commissioner

Legal Issues

  1. 1 ["Whether the Commonwealth Employees' Compensation Tribunal had power to set aside the Commissioner's determination of 8 October 1980 and remit the matter to the Commissioner for determination of matters arising under s.29(2) of the Compensation (Commonwealth Government Employees) Act 1971." 'Whether the Tribunal was confined to reconsidering only whether Glennie contracted a disease to which his employment was a contributing factor, or was required to reconsider all matters or questions to which the determination related.' 'Whether a determination that found liability to pay compensation but did not state the degree of incapacity or quantum of compensation contained a significant omission justifying remittal.']

Ratio Decidendi

The request to the Tribunal referred all matters or questions to which the determination of 8 October 1980 related. That determination expressly found a deemed work-related injury and liability to pay compensation, but did not indicate what compensation Glennie was entitled to or the degree of incapacity. Because quantum or degree of incapacity related to the compensable injury and liability found by the Commissioner, the Tribunal was entitled to treat the omission as significant and to set aside the determination and remit the matter to the Commissioner under s.84(1)(c)(ii).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The applicant is to pay the respondent's costs including reserved costs."]