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Issue 14 Summer 2011
Update to the Judicial Review application made by CSR
In our last edition you may recall the outcome of the Judicial Review application made by CSR in which the General Medical Assessment Tribunal did not provide the employer with natural justice prior to making its decision and subsequently their decision was quashed. The directive was for Q-COMP to provide a new tribunal for the worker.
Further to this decision, an application was made to amend the order and include a direction about the composition of the Tribunal.
An amendment to the original order was sought to include a direction that the reference to the tribunal be made to the same panel whereas the employer requested a panel constituted by different members.
Justice Martin indicated that when a matter is remitted to a tribunal for determination, it is up to the Secretariat to determine the constitution of the panel. The Secretariat can appoint members in the usual way and in accordance with their own procedures.
The order was not amended and no direction was made regarding the constitution of the panel. He also indicated that there was no reason that the original three members could not be on the panel as there was no allegation in this case of impartiality.
Q-COMP has decided that the panel will be constituted by new panel members. A copy of the original decision will be provided to the new panel.