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Judgment date
Case number
D2/2007
D3/2007
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Catchwords
Constitutional law (NT) – Acquisition of property - The respondent was a worker entitled to compensation under the Work Health Act (NT) ("the WHA") - The Work Health Amendment Act 2004 (NT) amended s 49 of the WHA so as to exclude employers' superannuation contributions from the definition of a worker's "remuneration" - Whether the amendment to s 49 was an acquisition of property otherwise than on just terms.
Constitutional law (NT) – The legislative power of the Northern Territory does not extend to the making of laws with respect to the acquisition of property otherwise than on just terms - Statutory right to compensation - Whether amendment to the WHA amounted to an acquisition of property - Relevance of statutory right being "subject to" and "in accordance with" the statute as in force from time to time - Relevance of statutory obligation to provide "such compensation as is prescribed" - Inherent variability of statutory entitlements to workers' compensation.
Words and Phrases – "acquisition of property", "just terms", "remuneration".
Northern Territory (Self –Government) Act 1978 (Cth), ss 5, 6, 50.
Work Health Act (NT) – Pt 5, ss 49, 52, 53.
Work Health Amendment Act 2004 (NT).