20 Dec 2007
DONALDSON V ACC HC WN CIV-2006-485-895
- Citation
- openlaw-6277de37_c5d3_4364_9a3b_bfd25c7ea3de.pdf
- Court
- High Court
Court held ACC acted on a wrong principle by applying a night-rate category inapplicable to the claimant (applying the over-14 rate to a child under 14) and by failing to undertake an individual assessment; the review decision on night rate is quashed and remitted for reconsideration. Further, the court held regulation 8(1)'s restriction on payment from application date was inconsistent with the subsequently enacted s26A and thus does not prevent backdating of attendant care payments in this case; the review decision on date of payment is quashed and remitted for reconsideration.