Bedford and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal considered the case of Bedford and the Military Rehabilitation and Compensation Commission. The dispute concerned whether the applicant's injuries, sustained when he swerved to avoid debris falling from a truck and crashed his vehicle, were compensable under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the Act). The applicant, an Australian Defence Force member, was travelling from his on-base residence to a local basketball court for physical fitness training when the incident occurred.

The primary legal issue before the Tribunal was whether the applicant's travel to the basketball court constituted "travelling to or from his employment" within the meaning of section 9A of the Act. This required determining if the applicant was "on duty" at the time of the accident, given that ADF personnel are generally considered to be on duty 24/7, and if the basketball activity qualified as an approved activity for meeting employment fitness requirements. The Tribunal also had to consider the definition of "travelling" under section 9A, which excludes substantial interruptions or deviations from the route unless the Commissioner accepts liability.

The Tribunal reasoned that while ADF members have a 24/7 duty status, this did not automatically render all travel compensable. The applicant had ceased his normal duties, returned home, had dinner, and changed clothes before commencing his journey. The Tribunal found that this constituted a substantial interruption to any notional journey to or from employment. Furthermore, the Tribunal determined that the applicant's travel to the basketball court was for a personal recreational activity, even if it contributed to his fitness for duty, and was not a necessary attendance for the purposes of his employment as contemplated by section 9A. Consequently, the Tribunal affirmed the reviewable decision, finding that the applicant's injuries did not arise out of or in the course of his employment.