Pridham, A.K. v Commonwealth of Australia [1987] FCA 601

JUDGMENT No. 601/81

CATCHWORDS Administrative Law - Appeal from Administrative Appeals Tribunal - workman's compensation - member of the R.A.A.F.

injured in fall while shaving preparatory to reporting for duty -

whether injury arising out of or in the course of employment - whether injury after commencement of journey - "on call"

arrangement.

Administrative Appeals Tribunal Act 1975 Compensation (Commonwealth Government Employees) Act 1971

Potts v. Commonwealth (1971) 18 F.L.R. 128 Rowe v. Flinders Medical Centre (1978) 45 S.A.I.R. 285

No. G9 of 1987

ARTHUR KEITH PRIDHAM v. COMMONWEALTH OF AUSTRALIA

FORSTER J. ADELAIDE

6 NOVEMBER 1987

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G9 of 1987 )

GENERAL DIVISION ) On Appeal from the General Administrative Division of the Administrative Appeal Tribunal constituted by Mr J.0O. Ballard (Senior Member) and Mr B.L. Lock (Member) BETWEEN: ARTHUR KEITH PRIDHAM

Appellant

- and - COMMONWEALTH OF AUSTRALIA

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER : FORSTER J. WHERE MADE 3 ADELAIDE

DATE OF ORDER 6 NOVEMBER 1987

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G9 of 1987 )

GENERAL DIVISION ) On Appeal from the General Administrative Division of the Administrative Appeal Tribunal constituted by Mr J.O. Ballard (Senior Member) and Mr B.L. Lock (Member) BETWEEN: ARTHUR KEITH PRIDHAM

Appellant

- and - COMMONWEALTH OF AUSTRALIA

Respondent

REASONS FOR JUDGMENT

CORAM: Forster J.:

The appellant a member of the R.A.A.F. serving in Darwin was shaving preparatory to dressing in uniform and reporting for duty. While shaving he fell in the bathroom of the house he was occupying off the airforce base in Darwin. He injured his back and claimed workman's compensation with respect to this injury on the footing that he was either on duty at the time or had commenced the journey to his employment. The delegate of the Commissioner for Employees' Compensation rejected the appellant's claim under the Compensation (Commonwealth Government Employees) Act 1971. He applied pursuant to s.26 of the Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for a review of the determination of the Commissioner. The