Re Monger; Ex Parte Mount Magnet Gold Nl

[2006] WASCA 148

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Referral of question of degree of disability
3. › Re-referral under s 93EA
4. › Whether preconditions for re-referral satisfied
5. › Whether review officer's earlier refusal was 'for a reason based on a failure to satisfy the requirements of section 93D(6)'
6. › Workers' Compensation and Injury Management Act 1981 (WA), ss 93D(5), 93D(6), 93D(9), 93EA(1), 93EA(3)
1. Administrative Law
2. › Certiorari
3. › Jurisdictional error
4. › Director accepting referral without statutory preconditions being met
5. › Workers' Compensation and Injury Management Act 1981 (WA), s 93EA

Quick Take

Section 93EA(3) of the Workers' Compensation and Injury Management Act 1981 (WA) does not authorise a worker to re-refer a question of degree of disability where the review officer's earlier refusal to deal with the substance of the question was based on the Director's failure to comply with s 93D(9) conciliation requirements, rather than on a failure to satisfy the s 93D(6) medical evidence requirements.

Case Details

Citation[2006] WASCA 148

CourtWASCA

JurisdictionWestern Australia

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Relies on3

2001Re Monger; Ex Parte Dutch & OrsWASCA 220
1996Collector of Customs v Agfa Gevaert LtdHCA 36
1995Craig v South AustraliaHCA 58

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