PVYW v Comcare (No 2) [2012] FCA 395

FEDERAL COURT OF AUSTRALIA

PVYW v Comcare (No 2) [2012] FCA 395 Citation: PVYW v Comcare (No 2) [2012] FCA 395

Appeal from: Appeal from Administrative Appeals Tribunal

Parties: PVYW v COMCARE

File number: NSD 1761 of 2010

Judge: NICHOLAS J

Date of judgment: 19 April 2012

Catchwords: INDUSTRIAL LAW – where employee injured during overnight stay in motel room booked by employer for employee – where overnight stay constituted interval or interlude within overall period or episode of work – where injuries sustained while employee engaged in lawful sexual activity – whether interval or interlude interrupted by reason of applicant engaging in such activity – where no allegation of misconduct against employee – whether applicant suffered injuries in the course of employment ADMINISTRATIVE LAW – whether open to Administrative Appeals Tribunal to find that the applicant did not suffer injuries in the course of her employment –whether Tribunal's decision should be set-aside

Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 6, 14, 68 Workers Compensation Act 1987 (NSW) s 9

Cases cited: Comcare v Mather (1995) 56 FCR 456 Comcare v McCallum (1994) 49 FCR 199 Danvers v Commissioner for Railways (N.S.W.) (1969) 122 CLR 529 Hatzimanolis v ANI Corporation Limited (1992) 173 CLR 473 Henderson v Commissioner of Railways (W.A.) (1937) 58 CLR 281 Humphrey Earl Ltd v Speechley (1951) 84 CLR 126 Re Crook and Comcare [2001] AATA 352 The Commonwealth v Oliver (1962) 107 CLR 353 Watson v Qantas Airways Limited [2009] NSWCA 322, (2009) 75 NSWLR 539 Whittingham v Commissioner of Railways (W.A.) (1931) 46 CLR 22