Military Rehabilitation and Compensation Commission v Dalgrin [2022] FCA 83

Federal Court of Australia

Military Rehabilitation and Compensation Commission v Dalgrin [2022] FCA 83 Appeal from: Dalgrin v Military Rehabilitation and Compensation Commission (Veterans' entitlements) [2020] AATA 5475

File number: NTD 21 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 10 February 2022

Catchwords: WORKERS' COMPENSATION – claim for compensation for injuries said to have arisen "in the course of employment" within the meaning of s 5A and s 14 of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1998 (Cth) – appeal from decision of the Administrative Appeals Tribunal allowing the claim – employee of the Defence Force injured whilst competing in a triathlon – employee not on duty at time of injury – employee not performing a duty incidental to employment at time of injury – consideration of activity test discussed in Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 and Comcare v PVYW (2013) 250 CLR 246 – Tribunal concluding the employer induced or encouraged the activity engaged in by the employee when the injury occurred – whether the Tribunal misapplied the statutory test and so committed an error of law – whether the criterion of inducement or encouragement, properly understood, was capable of being satisfied on the evidence to which the Tribunal referred – appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Military Rehabilitation and Compensation Act 2004 (Cth) s 5 Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1998 (Cth) ss 4AA, 5A, 6, 14 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 6, 14 Workers Compensation Act 1987 (NSW) ss 4, 9