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Jurisdiction of Commission

Raniere Nominees &c v Daley and Anor [2006] NSWCA 235

Santow JA said at [66]:

"Thus, in acting judicially in its decision-making, the Commission is governed by statute. It does not possess an inherent jurisdiction but only such powers which are incidental and necessary to the exercise of its statutory jurisdiction; see DJL v Central Authority [2000] HCA 17; 201 CLR 226 at [24ff].

Council of the City of Sydney v Estate of Griffey (No.1) [2008] NSWWCCPD 114, 15.10.08

Byron DP: "The jurisdiction of the Commission is set out in s 105 of the 1998 Act.

"In Raniere Nominees &c v Daley and Anor [2006] NSWCA 235, Santow JA said at [66]: 'Thus, in acting judicially in its decision-making, the Commission is governed by statute.

"It does not possess an inherent jurisdiction but only such powers which are incidental and necessary to the exercise of its statutory jurisdiction; see  DJL v Central Authority [2000] HCA 17; 201 CLR 226 at [24ff].

"It has no statutory power expressly permitting it to extend the time for the employer to make the application under s 145(3).

"I do not consider that use of the word 'may' in s 145(3) does so impliedly; the section is an enabling one so that 'may' in effect means 'must'."

Byron DP: "Any purported exercise of power beyond that would necessarily be of no legal effect: Commissioner of Police v Donlan, Commissioner of Police v Hanson [1995] NSWSC 106, per Clarke JA at [12]".

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"The Commission's jurisdiction springs from the statutes creating it. While the Commission possesses jurisdiction to hear and decide disputes in relation to medical and treatment expenses incurred and properly verified, it is not jurisdictionally empowered to hold an employer liable to pay for a specific medical or treatment expense the cost of which has not yet been incurred by the worker [32]. The Commission does not possess an inherent jurisdiction, as distinct from that vested in the prior Compensation Court of NSW, but only such powers incidental and necessary to exercising its statutory jurisdiction: Raniere Nominees PL &c v Daley & Anor [2006] NSWCA 235": per arbitrator Mr John McGruther, Abi-Arrage v Baptist Community Services [2008] NSW WCC 327, 13.10.08.

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