Attorney-General (Vic) v Andrews

Constitutional law (Cth) – Inconsistency of laws - The third respondent, Optus Administration Pty Ltd, was granted a licence under Pt VIII of the Safety, Rehabilitation and Compensation Act 1988 (Cth), which subjected it to the scheme of liability contained in that Act - Whether the Accident Compensation Act 1985 (Vic) and the Accident Compensation (WorkCover Insurance) Act 1993 (Vic) were invalid to the extent that they altered, impaired or detracted from the operation of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

Constitutional law (Cth) – Legislative power - Insurance - Meaning of "other than State insurance" - Whether ss 104(1), 108(1), 108A(7)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) were invalid as laws with respect to "State insurance" within the meaning of s 51(xiv) of the Constitution - Whether the scheme established by the Accident Compensation Act 1985 (Vic) and the Accident Compensation (WorkCover Insurance) Act 1993 (Vic) constituted "State insurance".

Constitutional law (Cth) – Legislative power - Insurance - Meaning of "other than State insurance" - Whether the Safety, Rehabilitation and Compensation Act 1988 (Cth) was invalid for indirectly circumventing the exclusion of "State insurance" in s 51(xiv) of the Constitution.

Statutes – Interpretation - Interaction between the Safety, Rehabilitation and Compensation Act 1988 (Cth) and the Accident Compensation Act 1985 (Vic) and the Accident Compensation (WorkCover Insurance) Act 1993 (Vic) - Whether the operation of s 44(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) is such as to remove liabilities or obligations to which s 82 of the Accident Compensation Act 1985 (Vic) and s 7(1)(a) of the Accident Compensation (WorkCover Insurance) Act 1993 (Vic) would otherwise attach.

Words and phrases – "alter, impair or detract", "at common law or otherwise", "other than State insurance".

Constitution – ss 51(xiii), 51(xiv), 109. Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 44, 45, 104(1), 108(1), 108A(7) Pts II, VIII.

Accident Compensation Act 1985 (Vic) – ss 5(1), 82(1), 134AB Pt IV, Div 8A.

Accident Compensation (WorkCover Insurance) Act 1993 (Vic) – ss 5, 7(1).