Austal Ships Pty Ltd v Sen

[2004] WASCA 224

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Workers Compensation
2. › Determination of level of disability
3. › Jurisdiction of review officer
4. › Whether review officer confined to determining the specific question referred
5. › Whether determination of disability at level different from that specified in application was within jurisdiction
6. › Workers Compensation and Rehabilitation Act (WA), s 93D(5)
7. › Workers Compensation and Rehabilitation Regulations (WA), reg 19J

Quick Take

A review officer under s 93D of the Workers Compensation and Rehabilitation Act (WA) has no jurisdiction to determine a level of disability other than the specific level referred in the application before the review officer. Where a lower-level application is withdrawn, the review officer cannot determine disability at that lower level.