[1996] 1 VR 37
TRANSPORT COMMISSION v NUGENT and ANOR
SUPREME COURT OF VICTORIA APPEAL DIVISION
TADGELL (1), ORMISTON (2) and SMITH JJ (3)
2, 6, 7 June, 07 July 1994
Arbitration and awards — Award — When made — Appeal — Time limit for appeal
Seaman's compensation — Arbitration by County Court judge — Whether County
Court proceeding Seamen's Compensation Act 1911 (Cth) s5, Sch 2 — Seamen's
Compensation Regulations 1926 (Cth) Reg30, Reg31, Reg36 — County Court Act
1958 (No 62300) s74.
.
A claim for compensation from the Transport Commission under the Seamen's
Compensation Act 1911 (Cth) was determined by arbitration by a County Court
judge under Sch 2 to that Act. The judge gave oral reasons for decision on 20
May 1993 awarding the claimants compensation. He gave further oral reasons
awarding interest on 25 May 1993. On 27 May 1993 the judge signed a
memorandum recording the award, which was filed on that day in the County
Court Registry. By notice of appeal dated 16 June 1993 the Transport
Commission appealed from the award to the Full Court of the Supreme Court.
Para(3) of Sch 2 to the Seamen's Compensation Act provided that an
arbitration award would be final subject to any appeal to the Supreme Court
made within the time and in accordance with the conditions prescribed in the
regulations. R36(2) of the Seamen's Compensation Regulations (Cth) permitted
appeals within 21 days after "the decision appealed against is made".
Reg31(1) required the judge to draw up, sign and make his award and cause it
to be filed at the office of the registrar.
The claimants argued the appeal was out of time because it was not brought
within 21 days of the award being made. The Transport Commission argued it
had a right of appeal under s74 of the County Court Act 1958, alternatively
that its appeal was within the time prescribed by Reg36(2).
HELD: (1) The matter was an arbitration in the County Court under Sch 2 to
the Seamen's Compensation Act and not a civil proceeding of the County Court.
Therefore there was no right of appeal under s74 of the County Court Act and
the only right of appeal was under Sch 2 to the Seamen's Compensation Act and
the regulations under it.
(2) A decision or order is made when the person given the task of deciding
the application has done all that is required of that person to give a final
decision or order on the matter under consideration.
(3) Under the applicable statutory regime the arbitrator in the present case
did not make a decision until he had drawn up, signed and made his award. As
a matter of form and substance this was not until the judge signed the
document recording the result of the arbitration on 27 May 1993. Accordingly
the appeal was brought within the time required by Reg36(2) of the Seamen's
Compensation Regulations.
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[1996] 1 VR 37
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