31 May 2012
The Court held that "hearing" in s146(1) includes a hearing convened to determine jurisdictional issues; hence setting a jurisdictional hearing within three months satisfies s146(1) and there was no deemed decision in the respondent's favour.
12 Oct 2011
The High Court held the Appeal Authority erred in law by concluding the 1982 Act precluded ACC from being present and heard at reviews; ACC may be permitted to participate where the review officer, exercising powers imported from the Commissions of Inquiry Act, determines ACC has a sufficient interest to appear and be heard. The Court dismissed the challenge to the Appeal Authority's substantive compensation calculation and affirmed the Appeal Authority's determination of relevant earnings at $150/week based on the reliable short-term records and the insufficiency of ACC's speculative recalcu…
17 Aug 2010
The Court confirmed the reviewer lacked jurisdiction to reconsider the modifying decision in the appeal but, in the interests of justice, directed under s161(2)(c) that the respondent arrange a new review hearing to consider the substantive issue arising from the 15 January 2010 decision; the appeal against the suspension decision of 30 September 2009 was dismissed as the appellant did not challenge cessation from that date.
12 Sept 1996
Failure to determine the review within three months entitled the appellant to treat the review as determined in her favour under s.90(9), resulting in reinstatement of cover; that deemed determination did not automatically confer specific items of relief such as earnings related compensation which require separate decision-making supported by adequate medical evidence, and the claim for earnings related compensation is remitted to the respondent to obtain a full medical report on work capacity and to reconsider the claim.