Ellis v Q-COMP [2005] ICQ 49 (2005) 180 QGIG 737

[Extract from Queensland Government Industrial Gazette, dated 21 October, 2005, Vol. 180, No. 12, pages 737-738] INDUSTRIAL COURT OF QUEENSLAND Workers’ Compensation and Rehabilitation Act 2003 – s. 561 – appeal against decision of industrial magistrate Asuncion Ellis AND Q-COMP (C/2005/69) PRESIDENT HALL 10 October 2005 REPORT ON DECISION (as edited) In giving his decision from the Bench on 4 October 2005, the President stated: “By s. 248 of the Industrial Relations Act 1999 this Court has such jurisdiction as is vested in it by the Industrial Relations Act 1999 or by any other Act. One such other Act is the Workers’ Compensation and Rehabilitation Act 2003. As is not infrequently the case, there is a mismatch between the specific Act and the general provisions of the Industrial Relations Act 1999. Here, the general provision about time limits in s. 346 of the Industrial Relations Act 1999 does not fit the requirements about giving a decision set by s. 559 of the Workers’ Compensation Rehabilitation Act 2003. Section 346 would have it that time commences to run if a decision is given at a hearing. Section 559 requires the appeal body to both give a decision in open Court and to give a written copy of the decision to each party. It seems to me that there is a lot to be said for the view that until such time as a written copy is given to each party there is no decision. In any event, given that there is no opposition to an extension of time and the short period of time that this matter is out of time, if indeed it is, I would in any event exercise jurisdiction to extend time and I do.”. Dated 10 October 2005. By the Court, [L.S.] C. CHADWICK, Acting Industrial Registrar. Released: 10 October 2005 Appearances: Mr G. J. Cross, instructed by Shine Roche McGowan Solicitors, for the Appellant. Ms A. M. Coulin of Q-COMP for the Respondent. Government Printer, Queensland The State of Queensland 2005. -- 1 of 1 --