Military Rehabilitation and Compensation Commission v Boothman [2007] FCA 301

FEDERAL COURT OF AUSTRALIA

Military Rehabilitation and Compensation Commission v Boothman [2007] FCA 301

WORKER'S COMPENSATION – entitlement to compensation – appeal from decision of Administrative Appeals Tribunal – claim for compensation in relation to motor vehicle accident– whether respondent would have been entitled to compensation under Compensation (Commonwealth Government Employees) Act 1971 (Cth)– where respondent was a member of the army at time of accident – where respondent was on leave between postings – where respondent had never worked at location of next posting – whether location of next posting was respondent's 'place of employment' within the meaning of s 34 of the Act – whether respondent was at liberty to absent himself from place of employment – where respondent was travelling by private motor vehicle at time of accident – whether respondent used 'last means of transport' within the meaning of s 34(4)(b) of the Act. Held – open to Tribunal member to conclude that respondent was travelling to his place of employment at the time of the accident – respondent was at liberty to absent himself from his place of employment – private motor vehicle can amount to last means of transport within the meaning of s 34 of the Act – respondent's journey fell within terms of s 34 of the Act – appeal dismissed. Acts Interpretation Act 1901 (Cth) s 15AB Administrative Appeals Tribunal Act 1975 (Cth) s 44 Compensation (Commonwealth Government Employees) Act 1971 (Cth)ss 27, 32, 33, 34, 36 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 124 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Commonwealth of Australia v Duncan (1982) 44 ALR 249 considered James, Re; and Commonwealth of Australia [1983], AAT, N81/272 (Unreported, R K Todd, 6 July 1983) cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Maunder v Commonwealth of Australia (1983) 51 ALR 44 considered Victims Compensation Fund Corporation v Brown (2003) 77 ALJR 1797 considered MILITARY REHABILITATION AND COMPENSATION COMMISSION v ERNEST BOOTHMAN WAD 235 OF 2005