Pacific Industrial Co v Jakovljevic

[2008] WASCA 60

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Appeals from arbitrator to commissioner
3. › Scope of review under s 247
4. › Whether review limited to correction of errors of law
5. › Whether review extends to factual findings once question of law involved
6. › Whether proper basis required for disturbing decision under review
7. › Workers' Compensation and Injury Management Act 1981 (WA), ss 246, 247
1. Appeal
2. › Leave to appeal
3. › Error of law making no difference to outcome
4. › Whether leave should be granted where error touches area of practical significance in working of the Act

Quick Take

A review under s 247 of the Workers' Compensation and Injury Management Act 1981 (WA) is broader than a strict appeal and is not limited to correcting errors of law; once leave is granted, the commissioner must conduct a 'real review'. However, the aggrieved party must provide some proper basis for disturbing the decision under challenge; merely requesting the commissioner to re-examine all the evidence afresh without identifying any error is not sufficient. The existence of a question of law is a precondition to the grant of leave, not a limitation on the scope of the review itself.