DECISION OF THE PRESIDENT OF THE PERSONAL INJURY COMMISSION	

CITATION: 	Magnan v Upper Hunter Shire Council [2024] NSWPICPD 50	
		
APPLICANT:	Angela Magnan	
		
RESPONDENT:	Upper Hunter Shire Council	
		
INSURER:	StateCover Mutual Limited 	
		
FILE NUMBER:	W5374/21	
		
PRESIDENTIAL MEMBER:	President Judge Phillips	
		
DATE OF DECISION ON REMITTER:	19 August 2024	
		
ORDERS MADE ON REMITTER:	1.	Proceedings in matter number W5374/21 be restored in accordance with the Certificate of Determination dated 24 February 2022. 
2.	The matter is listed for a preliminary conference before a member on 6 September 2024.	
		
CATCHWORDS:	WORKERS COMPENSATION – remittal from the District Court – Application to District Court under s 26 of the Personal Injury Commission Act 2020 – applications to the Personal Injury Commission for workers compensation where the parties are residents of different States; and where respondent is the State of New South Wales for the purposes of s 75(iv) of the Constitution (Cth) and the applicant is resident of another State – whether Personal Injury Commission would be exercising federal jurisdiction when determining issues under sections 4, 9, 9A, 11A, 14, 25, 26, 32A, 33, 36, 37, 38, 59, 60 and 66 of the Workers Compensation Act 1987 and s 4 of the Workplace Injury Management and Workers Compensation Act 1998	
		
DATE OF MEMBER’s DECISION:	24 February 2022	
		
DECISION OF:	Senior Member E Beilby	
		
DATE OF district court decision:	7 August 2024	

INTRODUCTION
1.	This matter comes before the Personal Injury Commission (the Commission) pursuant to an order for remitter made by the District Court in Ramsay v Southern NSW Local Health District; Manning v Sydney Trains; Honey v Robert Sheridan Family Trust; Duncan v Department of Education; Magnan v Upper Shire Council [2024] NSWDC 326 (the judgment). 
BACKGROUND
2.	The applicant brought a claim against her employer, Upper Hunter Shire Council, alleging she contracted Q fever during the course of her employment. The applicant claimed weekly benefits compensation, medical expenses and lump sum compensation pursuant to ss 33, 60 and 66 of the Workers Compensation Act 1987 (the 1987 Act). 
3.	The respondent disputed the claim. The issues in dispute between the parties concerned ss 4(b)(i), 33, 36–38, 60 and 66 of the 1987 Act.
4.	Ms Magnan was a resident of Queensland when she commenced proceedings in the Commission. The respondent is a Council and an emanation of the State of New South Wales. 
5.	On 24 February 2022, following a hearing, the Senior Member dismissed the application. The basis for the dismissal was that it was arguable that the determination of the matter by the Commission may involve an exercise of federal jurisdiction because it is between the State and a resident of another State. The Member ordered that the application may be restored if the District Court of New South Wales remitted the application pursuant to section 26(v)(a) of the Personal Injury Commission Act 2020 (the 2020 Act). 
6.	Pursuant to s 26 of Div 3.2 of the 2020 Act the applicant brought an application in the District Court of NSW.
7.	Section 26(5) of the 2020 Act provides that the District Court may remit a compensation matter application for determination by the usual decision-maker if the Court is satisfied that the usual decision-maker has jurisdiction to determine it, and do so instead of granting leave or after granting leave.
8.	The matter was heard on 4 April 2024, along with four other matters which the Commission had also declined to determine because they may involve the exercise of federal jurisdiction.
THE DECISION OF THE DISTRICT COURT OF NSW 
9.	The District Court found that in determining the issues raised by the parties under ss 4(b)(i), 33, 36–38, 60 and 66, the Commission would not be exercising judicial power, but instead administrative power (judgement at [195]–[196]). 
ORDERS ON REMITTER
10.	It is necessary that appropriate orders be made in compliance with the judgment and orders of the District Court, the effect of which is to restore the proceedings in accordance with the Certificate of Determination issued by Senior Member Beilby dated 24 February 2022. 
DECISION
11.	Proceedings in matter number W5374/21 be restored in accordance with the Certificate of Determination dated 24 February 2022. 
12.	The matter is listed for a preliminary conference before a member on 6 September 2024. 

Judge Phillips
PRESIDENT
19 August 2024