Gardiner v Vic

[1999] VSCA 100

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Tort
2. › Breach of statutory duty
3. › Private right of action
4. › Whether statute confers civil remedy
5. › Penal provision imposing duty on employer
6. › Whether enacted for benefit of particular class or for general good
7. › Accident Compensation Act 1985 (Vic), s 122
1. Workers' Compensation
2. › Employer's obligation to provide employment
3. › Worker's recovery from total incapacity
4. › Whether employer required to have notice of recovery
5. › Whether notice required within statutory 12-month period
6. › Accident Compensation Act 1985 (Vic), s 122(1), (3)
1. Workers' Compensation
2. › Employer's obligation to provide employment
3. › Termination of employment relationship
4. › Whether obligation survives mutual termination of employment
5. › Accident Compensation Act 1985 (Vic), s 122
1. Statutory Interpretation
2. › Penal provisions
3. › Whether penal statute creates private right of action
4. › Factors relevant to determination
5. › Existence of alternative enforcement mechanisms
6. › Whether statute enacted for general good or benefit of particular class

Quick Take

Section 122 of the Accident Compensation Act 1985 (Vic) does not create a private right of action for breach of statutory duty. The section was enacted as part of the general scheme for limiting workers' compensation payments, not for the benefit of individual workers. An employer's obligation under s.122 requires the employer to have notice of the worker's recovery within the 12-month statutory period.