Farmer v Aoc Australia Pty Ltd

[2002] WASCA 340

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Workers' Compensation
2. › Dispute resolution
3. › Degree of disability
4. › Referral to review officer
5. › Medical evidence required under s 93D(6)
6. › Whether non-compliance with s 93D(6) deprives Director and review officer of jurisdiction
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 93D(2), 93D(5), 93D(6), 93D(7), 93D(10)
1. Workers' Compensation
2. › Medical evidence
3. › Requirements for medical opinion supporting degree of disability
4. › Whether medical evidence must comprise material logically capable of supporting the opinion
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 93D(6)
1. Administrative Law
2. › Jurisdictional fact
3. › Whether compliance with statutory precondition is jurisdictional fact
4. › Whether decision made without jurisdictional fact is void
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 93D(6)
1. Practice and Procedure
2. › Appeal
3. › Raising new point on appeal
4. › Jurisdictional objection raised for first time
5. › Whether court obliged to take cognisance of jurisdictional defect regardless of delay

Quick Take

Non-compliance with the medical evidence requirements of s 93D(6) of the Workers' Compensation and Rehabilitation Act 1981 (WA) is a jurisdictional defect that renders the Director's referral beyond power and the review officer's determination void. A jurisdictional objection may be raised for the first time on appeal and the court is obliged to take cognisance of it. Parties cannot confer jurisdiction by consent or acquiescence where it does not exist.