[1996] 1 VR 49
PETER ISAACSON PUBLICATIONS PTY LTD v VICTORIAN WORKCOVER AUTHORITY
SUPREME COURT OF VICTORIA APPEAL DIVISION
BROOKING (1), SMITH (2) and ASHLEY JJ (3)
17, 18 May, 29 June 1995
Accident compensation — Accident Compensation Commission — Reclassification
of establishment — Date of commencement of reclassification — Accident
Compensation Tribunal — Power to review commission's decisions — Power to fix
date of operation of reclassification — Meaning of "arising out of Accident
Compensation Act 1985 (No 10191) s51, s53, s61(3), s181, s182, s187, s217,
s218.
.
An employer applied on 6 September 1991 to the Accident Compensation
Commission (which subsequently became the Victorian WorkCover Authority) for
reclassification of two of four contiguous areas for the purposes of
imposition of levy under PtVII of the Accident Compensation Act 1985. The
commission ultimately decided on 25 June 1992 to reclassify one of the areas
as requested as of 1 October 1991 but not the other. The employer appealed to
the Accident Compensation Tribunal under s218 of the Accident Compensation
Act against the refusal to reclassify the other area and osught that
reclassification to take effect from an earlier date. The tribunal granted
the application to reclassify the other area and determined that the
reclassification should operate from 1 October 1991. The employer appealed to
the court from the decision about the date of operatino of the
reclassification.
HELD, dismissing the appeal: (1) The Accident Compensation Tribunal had
jurisdiction under s217 and s218 of the Accident Compensation Act to review
the Accident Compensation Commission's decision concerning reclassification.
S217 was concerned with the substance of the decision and the commission's
decision was in substance that "the place" in question was "an establishment"
within s217(6)(a).
(2) The Accident Compensation Tribunal's power under s5(1)(b) of the Accident
Compensation Act to hear and determine any question or matter arising out of
any decision of the Accident Compensation Commission extended to but not
beyond matters ancillary to any decision of the commission. The tribunal's
incidental power, including power under s51(2), could not be used to change
its function from reviewing the commission's decision to one of determining a
question at first instance.
(3) The Accident Compensation Tribunal had power under s218 of the Accident
Compensation Act to back-date a decision to a time representing a reasonable
time within which the decision under review could have been made. In this
case, the Accident Compensation Commission could not have been expected to
make a decision before 1 October 1991. The tribunal was therefore justified
in fixing that as the operative date for the reclassification.
Decision of the Accident Compensation Tribunal (21 October 1992) affirmed.
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[1996] 1 VR 49
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