Thompson v Groote Eylandt Mining Co Ltd

(2003) 173 FLR 72; [2003] NTCA 5

NT Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Purposive construction
3. › Beneficial legislation
4. › Workers' compensation
5. › Whether definition of 'P.A.Y.E. taxpayer' to be construed literally or purposively
6. › Whether employer's failure to make PAYE deductions defeats worker's compensation entitlement
7. › Work Health Act (NT), s 3(1)
8. › Interpretation Act 1978 (NT), s 62A
1. Statutory Interpretation
2. › Maxim nullus commodum capere potest de injuria sua propria
3. › No person may take advantage of own wrong
4. › Application to statutory construction
5. › Whether employer may defeat worker's compensation claim by own breach of taxation obligations
1. Workers' Compensation
2. › Definition of 'worker'
3. › P.A.Y.E. taxpayer requirement
4. › Employer's failure to make correct tax deductions
5. › Innocent worker
6. › Work Health Act (NT), s 3(1)

Quick Take

Where an employer is required by law to make PAYE deductions but deliberately fails to do so without the worker's knowledge or authority, the worker is not deprived of 'worker' status under the Work Health Act (NT) as it stood prior to the 2000 amendments. The maxim that no person may take advantage of their own wrong applies to the construction of statutory definitions in workers' compensation legislation, preventing an employer's breach of taxation obligations from defeating an innocent worker's compensation entitlement.