Re Medical Panel; Ex Parte Symons

[2001] WASCA 280

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Jurisdictional error
5. › Determination made without applicable prescribed method
6. › Whether determination invalid where statutory assessment method inapplicable
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 93D(2), 93D(11), 93E
1. Administrative Law
2. › Statutory requirements
3. › Mandatory and directory provisions
4. › Whether distinction between mandatory and directory requirements applicable
5. › Whether purpose of legislation required invalidity for non-compliance
6. › Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied
1. Workers' Compensation
2. › Assessment of disability
3. › Degree of disability for common law damages threshold
4. › Prescribed methods of assessment under s 93D(2)
5. › Where no prescribed method applicable to worker's condition
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 33-38, 93A, 93D, 93E

Quick Take

A Medical Panel determination of a worker's degree of disability under s 93D(2) of the Workers' Compensation and Rehabilitation Act 1981 (WA) is invalid where none of the three prescribed methods of assessment is applicable to the worker's condition. The legislature intended that the prescribed methods be the exclusive means of assessment, and a determination made by any other method is a jurisdictional error amenable to certiorari. The question whether a Medical Panel is required to give reasons for its determination was left open.