The Commonwealth of Australia v. Spaul, F.R. & Anor [1987] FCA 334

The Commonwealth of Australia v. Spaul, F.R. & Anor [1987] FCA 334

Mr Bird's cancer was a disease of a kind specified in the regulations because it was of the same class, sort or variety as a pathological condition caused by radiation. Section 30 did not require proof that his particular cancer was actually caused by radiation. Smoking and heavy alcohol use had not been shown on the balance of probabilities to be the sole cause or causes so as to establish that his Commonwealth employment involving exposure to radiation was not a contributing factor. The delegate therefore made no error of law.

Jurisdiction
Australia
Judgment Date
23 June 1987
Procedural Posture
Application to Review a Delegate's Determination of Liability to Pay Compensation Under the Compensation (commonwealth Government Employees) Act 1971 / Judgment on Application for Review
Outcome
Application dismissed with costs, including reserved costs.
Legal Topics
["commonwealth Employees' Compensation" 'construction of S.30' 'disease of a Kind Specified in Regulations' 'deemed Contributing Factor' 'radiation Exposure' 'cancer of the Tongue']
['administrative Law' "workers' Compensation"] ["commonwealth Employees' Compensation" 'construction of S.30' 'disease of a Kind Specified in Regulations' 'deemed Contributing Factor' 'radiation Exposure' 'cancer of the Tongue']

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Procedural Posture

Application to Review a Delegate's Determination of Liability to Pay Compensation Under the Compensation (commonwealth Government Employees) Act 1971 / Judgment on Application for Review

Legal Issues

  1. 1 ["Whether s.30 of the Compensation (Commonwealth Government Employees) Act 1971 required proof that Mr Bird's cancer was actually caused by radium, another radioactive substance, or x-rays." 'Whether cancer of the tongue with right cervical node metastasis was a disease of a kind specified in the regulations as related to employment involving exposure to or contact with radium, other radioactive substances, or x-rays.' "Whether smoking, heavy use of alcohol, or both established the contrary for the purposes of s.30 by showing that Mr Bird's Commonwealth employment was not a contributing factor to the contraction of the disease."]

Ratio Decidendi

Mr Bird's cancer was a disease of a kind specified in the regulations because it was of the same class, sort or variety as a pathological condition caused by radiation. Section 30 did not require proof that his particular cancer was actually caused by radiation. Smoking and heavy alcohol use had not been shown on the balance of probabilities to be the sole cause or causes so as to establish that his Commonwealth employment involving exposure to radiation was not a contributing factor. The delegate therefore made no error of law.

Court Disposition

Application dismissed with costs, including reserved costs.

Orders

  • ['The application be dismissed, with costs, including reserved costs.']