Thompson, William Andrew v Australian Telecommunications Commission [1984] FCA 27

Thompson, William Andrew v Australian Telecommunications Commission [1984] FCA 27

The applicant's removal of one testicle was only a partial physical loss and, in the absence of any loss of capacity to engage in sexual intercourse or suggested loss of reproductive capacity, did not amount to "the loss of the genitals" or otherwise satisfy s.40(1) of the Compensation (Commonwealth Government Employees) Act 1971.

Jurisdiction
Australia
Judgment Date
10 February 1984
Procedural Posture
Administrative Law Appeal / Appeal From a Decision of the Administrative Appeals Tribunal
Outcome
Appeal dismissed.
Legal Topics
['statutory Interpretation' 'compensation for Employment Related Injury' 'loss of Genitals' 'loss of Capacity to Engage in Sexual Intercourse']
['administrative Law' 'compensation' 'employment Law'] ['statutory Interpretation' 'compensation for Employment Related Injury' 'loss of Genitals' 'loss of Capacity to Engage in Sexual Intercourse']

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Procedural Posture

Administrative Law Appeal / Appeal From a Decision of the Administrative Appeals Tribunal

Legal Issues

  1. 1 ['Whether the loss of one testicle is within the meaning of "the loss of the genitals" in s.40(1) of the Compensation (Commonwealth Government Employees) Act 1971.' 'Whether the applicant was entitled to compensation under s.40(1) where he had not lost the capacity to engage in sexual intercourse and no loss of reproductive capacity was suggested.']

Ratio Decidendi

The applicant's removal of one testicle was only a partial physical loss and, in the absence of any loss of capacity to engage in sexual intercourse or suggested loss of reproductive capacity, did not amount to "the loss of the genitals" or otherwise satisfy s.40(1) of the Compensation (Commonwealth Government Employees) Act 1971.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']