Bundle v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 47

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Bundle v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 047 PARTIES: Bundle, David (Applicant) v Simon Blackwood (Workers' Compensation Regulator) Respondent CASE NO: WC/2014/47 PROCEEDING: Application to waive time limitation period in s 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 DELIVERED ON: 4 March 2014 HEARING Matter dealt with on the papers MEMBER: Vice President Linnane ORDERS : The time limit at s. 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 be waived. CATCHWORDS: Application to waive time limit in s 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 - Application granted. CASES: Workers' Compensation and Rehabilitation Act 2003, s 550(1)(a). APPEARANCES: Nil [1] This is an application by David Riley Bundle (Applicant) seeking an extension of time within which to file a Notice of Appeal (WC/2014/48). This application and the Notice of Appeal were filed on 19 February 2014. The Reasons for Decision of Q-COMP, now Simon Blackwood (Workers' Compensation Regulator) (Regulator), was issued on 6 November 2013. [2] Section 550(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 (Act) provides that any such Appeal must be brought within twenty business days after a -- 1 of 2 -- 2 person receives notice of the Regulator's Review Decision. The Applicant is thus 50 business days out of time. [3] In Steven Pearce v Q-COMP1 Hall P stated that it was "appropriate to abandon the language of 'extension of time' and to assert no more that [sic], the time limit at s 550(1)(a) of the Act may be waived on the grounds of substantial compliance or special circumstances". The Applicant thus seeks to have the time period in s 550(1)(a) of the Act waived. [4] The special circumstance grounds relied upon in this application are as follows:  on 14 February 2014 Shine Lawyers agreed to Act for the Applicant;  prior to this, the Applicant was under the mistaken view that he would require legal representation if he was to appeal the Regulator's Review Decision;  the Applicant at no time understood that he could file a Notice of Appeal independently and/or appear at a Callover without legal representation; and  the Applicant could not afford legal representation at the time. [5] In her Affidavit in support of the Application, Catherine Helena King of Shine Lawyers expresses her belief that the Applicant's claim for workers' compensation has merits on appeal. [6] Correspondence received on, and dated, 3 March 2014 advises that the Regulator does not oppose the Applicant's application and seeks that it be dealt with on the papers. [7] In all of the circumstances, I find that there are special circumstances warranting the waiver of the time period specified in s 550(1)(a) of the Act for the filing of WC/2014/48 i.e. the Applicant's Notice of Appeal. 1 Steven Pearce v Q-COMP (C/2010/64) – Decision <http://www.qirc.qld.gov.au>. -- 2 of 2 --