York v The General Medical Assessment Tribunal & Anor [2002] QCA 519
[2002] QCA 519
Court of Appeal (Qld)|2002-11-29|Before: McMurdo P, Davies and Jerrard JJASeparate reasons, for judgment of each member of the court, each concurring as to the orders, made
McMurdo P, Davies and Jerrard JJASeparate reasons, for judgment of each member of the court, each concurring as to the orders, made
Catchwords
ADMINISTRATIVE LAW – JUDICIAL REVIEW LEGISLATION – GROUNDS FOR
REVIEW OF DECISION – BREACH OF NATURAL JUSTICE –
WHAT CONSTITUTES
– where application for judicial review was allowed based upon the finding
Source
Original judgment source is linked above.
Catchwords
ADMINISTRATIVE LAW – JUDICIAL REVIEW LEGISLATION – GROUNDS FORREVIEW OF DECISION – BREACH OF NATURAL JUSTICE –WHAT CONSTITUTES– where application for judicial review was allowed based upon the findingthat The General Medical AssessmentTribunal denied natural justice to the firstrespondent – where learned primary judge found that the Tribunal hadfailed toinform the first respondent that it disagreed with the externalmedical evidence which was favourable to the first respondent –whereappellant submits that the rules of natural justice did not require the Tribunalto identify its preliminary views on the firstrespondent’s claim –whether Tribunal should have advised the first respondent in advance of itsviewsADMINISTRATIVE LAW – JUDICIAL REVIEW AT COMMON LAW – PROCEDURALFAIRNESS – EXISTENCE OF OBLIGATION – TYPESOF REASON FOR APPLYINGRULES OF NATURAL JUSTICE – where Tribunal did not explain reasoning for
its decision – where appellant
submits that the Tribunal was under no
obligation to give reasons – where principles outlined in Public
Service Board of New South Wales v Osmond do not require reasons to be given
– where judgments in Osmond recognised that in exceptional
circumstances natural justice may require a decision maker to give reasons
– whether circumstances
of this case are exceptional so as to require
reasons to be given
Judicial Review Act 1991 (Qld), s 7, s 20WorkCover Queensland
Act 1996 (Qld), s 34, s 197, s 253, s 265, s 437, s 440, s 442, s
Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd
[1994] FCA 1074
(1994) 49 FCR 576, followedKioa v West [1985] HCA 81
(1985) 159 CLR 550,
consideredPilbara Aboriginal Land Council Aboriginal Corp Inc v Minister
for Aboriginal and Torres Straight Islander Affairs [2000] FCA 1113
(2000) 103 FCR 539,
consideredPublic Service Board (NSW) v Osmond (1986) 63 ALR 559,
distinguishedSomaghi v Minister for Immigration Local Government &
Ethnic Affairs [1991] FCA 389
(1991) 31 FCR 100, followed
Judgment (8 paragraphs)
[1]
ADMINISTRATIVE LAW - JUDICIAL REVIEW LEGISLATION - GROUNDS FOR REVIEW OF DECISION - BREACH OF NATURAL JUSTICE - WHAT CONSTITUTES - where application for judicial review was allowed based upon the finding that The General Medical Assessment Tribunal denied natural justice to the first respondent - where learned primary judge found that the Tribunal had failed to inform the first respondent that it disagreed with the external medical evidence which was favourable to the first respondent - where appellant submits that the rules of natural justice did not require the Tribunal to identify its preliminary views on the first respondent's claim - whether Tribunal should have advised the first respondent in advance of its views ADMINISTRATIVE LAW - JUDICIAL REVIEW AT COMMON LAW - PROCEDURAL FAIRNESS - EXISTENCE OF OBLIGATION - TYPES OF REASON FOR APPLYING RULES OF NATURAL JUSTICE - where Tribunal did not explain reasoning for its decision - where appellant submits that the Tribunal was under no obligation to give reasons - where principles outlined in Public Service Board of New South Wales v Osmond do not require reasons to be given - where judgments in Osmond recognised that in exceptional circumstances natural justice may require a decision maker to give reasons - whether circumstances of this case are exceptional so as to require reasons to be given Judicial Review Act1991 (Qld), s 7, s 20
[2]
WorkCover Queensland Act 1996 (Qld), s 34, s 197, s 253, s 265, s 437, s 440, s 442, s 447
[3]
WorkCover Queensland Regulation 1997 (Qld), Sch 2 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd[1994] FCA 1074; (1994) 49 FCR 576, followed
Pilbara Aboriginal Land Council Aboriginal Corp Inc v Minister for Aboriginal and Torres Straight Islander Affairs[2000] FCA 1113; (2000) 103 FCR 539, considered