ODCO Legal Authority
2. Workers Compensation: Accident Compensation Commission of Victoria v Odco Pty Ltd
Another case before Justice Gray in the Victorian Supreme Court considered the deeming provisions of the Victorian Accident Compensation Commission (ACC). This was commenced as the Full Federal Court was considering the appeal against the Woodward judgment.
The ACC case was appealed first to the Full Bench of the Supreme Court and then to the High Court. The High Court deeming decision occurred before the Full Court of the Federal Court made its common law decision.
The High Court ruled that Odco workers could be deemed to be employees under the specific provisions of the Victorian legislation but declared that the common law considerations should be left to the Full Court of the Federal Court to decide.
The High Court judgment Accident Compensation Commission vs. Odco Pty Ltd, FC 90/040 of 22 October 1990.
This decision of the High Court further confirmed the common law contractor status.
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