Re Monger; Ex Parte Wmc Resources Ltd & Anor

[2002] WASCA 129

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Dispute resolution
3. › Degree of disability
4. › Referral to Director of Conciliation & Review
5. › Medical evidence requirements
6. › Whether medical evidence sufficient under s 93D(6)
7. › Effect of insufficient medical evidence on Director's jurisdiction
8. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 93D, 93E
1. Workers' Compensation
2. › Dispute resolution
3. › Degree of disability
4. › Review officer jurisdiction
5. › Whether valid referral by Director is jurisdictional precondition to review officer's jurisdiction
6. › Whether insufficiency of medical evidence before Director invalidates review proceedings
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 84ZD, 84ZN, 93D(10)
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Time for application
5. › Whether Director of Conciliation & Review is a 'tribunal' within O 56 r 11
6. › Meaning of 'tribunal'
7. › Whether limited to bodies exercising adjudicative function of finally resolving disputes
8. › Rules of the Supreme Court 1971 (WA), O 56 r 11
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Orders absolute in the first instance
5. › Whether appropriate where questions may require reconsideration of earlier Full Court decision
6. › Rules of the Supreme Court 1971 (WA), O 56 r 1(6)

Quick Take

The Director of Conciliation & Review under the Workers' Compensation and Rehabilitation Act 1981 (WA) is not a 'tribunal' within O 56 r 11, so the 6-month time limit for certiorari applications does not apply to challenges to the Director's referral decisions (per Anderson J and Scott J; Murray J contra). The question whether the sufficiency of medical evidence before the Director is a jurisdictional fact conditioning the review officer's jurisdiction remains open and may require reconsideration of Ex parte Dutch by a Full Court of five judges.