INVERELL SHIRE COUNCIL v LEWIS [1992] NSWCA 114

INVERELL SHIRE COUNCIL v LEWIS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 3 August 1992, 9 December 1992

[1992] NSWCA 114

WORKERS COMPENSATION — whether injury sustained "in the course of" employment.

The worker was temporarily living in a caravan park while attending a training course away from his home. He was shot and injured outside working hours while on a social visit to another caravan in the park. The trial Judge held that his injuries arose in the course of his employment and awarded compensation. On appeal: held (1) The liability of an employer for injury sustained by a worker "in the course of" his or her employment depends on the existence of a temporal relationship between the employment and the injury. (2) The time spent by the worker away from his home for the purpose of attending the training course constituted one overall period or episode of work. Hatzimanolis v ANI (1992) 173 CLR 473 followed. (3) The employer had induced or encouraged the worker to reside in the caravan park during his course and the injury occurred in that place while he was doing something reasonably incidental to his temporary residence there. (4) Accordingly the worker's injuries arose in the course of his employment.

Clarke JA I agree that the appeal should be dismissed generally for the reasonsgiven by Handley JA.

Handley JA This is an appeal by the employer from an award of compensation madeby Manser CCJ in favour of the worker. The appeal to this Court is limited to questions of law. The worker was shot and seriously injured in a caravan park at Karuah Jetty near Newcastle at about lam on 24 November 1988. He was an apprentice plant operator employed by the Council and had been sent by his employer to attend a course at the Hunter Plant Operator Training School at Raymond Terrace. The worker normally lived at Ashford near Inverell. The employer arranged temporary accommodation for the worker at the caravan park for the duration of the course. Another apprentice employed by the Council who was attending the same course was also accommodated at this caravan park.