BHP Billiton Ltd v Gomes

[2007] WASCA 140

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Workers' Compensation
2. › Assessment of disability
3. › Degree of disability
4. › Role of Review Officer
5. › Whether Review Officer required to determine causation
6. › Whether disability must be shown to be work related
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 5, 93B(1), 93C, 93D, 93E
1. Statutory Interpretation
2. › Words and phrases
3. › Disability
4. › Whether used in defined or ordinary meaning
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 5, 93D, 93E
1. Statutory Interpretation
2. › Presumption against ousting court jurisdiction
3. › Legislation not to be read as ousting jurisdiction unless clearly and unmistakably expressed
4. › Access to courts
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), Pt IV Div 2

Quick Take

A Review Officer assessing the 'degree of disability' under ss 93D and 93E of the Workers' Compensation and Rehabilitation Act 1981 (WA) is not required to determine whether the disability is work related. The word 'disability' in those sections bears its ordinary meaning (the condition of the worker), not the defined meaning in s 5 which requires a work-related connection. Questions of causation are for the trial court in common law proceedings. To the extent that Re Monger; Ex parte United Construction suggests otherwise, it should not be followed.