RE PETER HALES, GRAEME CARROLL and KATRINA ALEXANDER as members of a Medical Assessment Panel established under the Workers' Compensation and Rehabilitation Act 1981; EX PARTE BARR

[2001] WASCA 89

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Proceedings to obtain compensation
3. › Jurisdiction of Medical Assessment Panel
4. › Whether Panel empowered to determine issues of causation or capacity for work
5. › Whether Panel empowered to determine whether disability permanent or temporary when not asked
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 84R, 145A, 145C, 145E
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Determination made in excess of jurisdiction
5. › Jurisdictional error by Medical Assessment Panel
6. › Whether whole determination should be quashed
1. Administrative Law
2. › Bias
3. › Apprehended bias
4. › Whether fair-minded lay observer might reasonably apprehend lack of impartiality
5. › Insufficiency of evidence of actual or apprehended bias

Quick Take

A Medical Assessment Panel under s 84R of the Workers' Compensation and Rehabilitation Act 1981 (WA) has no jurisdiction to determine issues of causation, capacity for work, or whether a disability is permanent or temporary unless specifically asked. The Panel's function is essentially diagnostic. Determinations that stray into these areas constitute jurisdictional error warranting certiorari. Questions referred to the Panel should use the statutory term 'disability' rather than 'injury'.