Federal Court consent order regarding the question of "incapacity for work" under the SRC Act

On 23 October 2024, the Federal Court of Australia allowed (by consent) an appeal from a decision of the Administrative Appeals Tribunal. The medium neutral citation of the Federal Court's judgment is Australian Capital Territory v Ross [2024] FCA 1229.

The Australian Capital Territory appealed from a decision in which the Tribunal found that an employee suffered an "incapacity for work" within the meaning of that phrase as defined by s 4(9)(b) of the Safety, Rehabilitation and Compensation Act 1988 (Cth). The medium natural citation of the Tribunal's decision is Re Ross and Australian Capital Territory (Compensation) [2023] AATA 3569.

Among other things, the Federal Court in the matter of Ross said this:

6????I am satisfied that it is an available construction of the Tribunal’s reasons at [36] that the Tribunal equated the specific job in which the respondent was engaged immediately before his injury with the level at which he had a capacity to engage in work for the ACT or with the level at which he had a capacity to engage in any other work.

7????In doing so, the Tribunal misapplied or failed to apply s 4(9)(b) of the SRC Act, failed to undertake the comparison required by s 4(9)(b) as contemplated by the terms of that provision and the authorities mentioned by the?applicant, and failed to provide reasons to the standard required by law.

The Federal Court's reasons may be found online here: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1229