RANIERE NOMINEES PTY LIMITED trading as Horizon Motor Lodge v DALEY and Another

[2006] NSWCA 235

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Uninsured Liability and Indemnity Scheme
3. › Reimbursement of WorkCover by uninsured employer
4. › Notice procedure under s145
5. › Whether compliance with time period specified in notice was jurisdictional precondition to Commission hearing employer's application
6. › Workers Compensation Act 1987 (NSW), ss 143, 144, 145
1. Workers Compensation
2. › Uninsured Liability and Indemnity Scheme
3. › Distinction between s144 and s145 reimbursement regimes
4. › Whether steps taken in s144 proceedings could satisfy s145(3) requirement
5. › Workers Compensation Act 1987 (NSW), ss 144, 145
1. Administrative Law
2. › Tribunals
3. › Jurisdiction
4. › Jurisdictional fact
5. › Whether existence of fact is necessary for tribunal to have jurisdiction
6. › Statutory time limit as jurisdictional precondition
7. › Whether time limit in statutory notice was mandatory or directory

Quick Take

An uninsured employer served with a s145(1) notice by WorkCover must apply to the Commission within the period specified in the notice; failure to do so is fatal to the Commission's jurisdiction and the amount becomes recoverable as a debt. Steps taken in separate s144 proceedings cannot substitute for compliance with s145(3). The Commission has no power to extend time under s145(3).