Comcare Australia (Defence) v O'Dea

Link copied
Case Copied 26 min read

FEDERAL COURT OF AUSTRALIA

COMPENSATION - employee of the Commonwealth - injury occurring while travelling between “place of residence” and “place of work” - construction of “place of residence” - whether Army barracks was normal place of residence or temporary place of residence - construction of “place of work”.

Safety, Rehabilitation and Compensation Act 1988, ss 4, 6

COMCARE AUSTRALIA (DEFENCE) V DANIEL TROY O’DEA
VG 10 of 1997

NORTHROP J
MELBOURNE
12 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 10  of   1997

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS JOAN DWYER (SENIOR MEMBER)
AND DR P FRICKER (MEMBER)

BETWEEN:

COMCARE AUSTRALIA (DEFENCE)
APPLICANT

AND:

DANIEL TROY O’DEA
RESPONDENT

COURT:

NORTHROP J

DATE OF ORDER:

12 DECEMBER 1997

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

  1. The appeal be dismissed with costs.

  2. The decision of the Tribunal made on 16 December 1996 be affirmed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

VG 10 of 1997

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS JOAN DWYER (SENIOR MEMBER)
AND DR P FRICKER (MEMBER)

BETWEEN:

COMCARE AUSTRALIA (DEFENCE)
APPLICANT

AND:

DANIEL TROY O’DEA
RESPONDENT

COURT:

NORTHROP J

DATE:

12 DECEMBER 1997

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

On Sunday 29 January 1995 the respondent (“Mr O’Dea”) was driving his car from Traralgon in Victoria to the Army barracks at Bandiana in Victoria. Near Yea the car was involved in an accident. Mr O’Dea received serious injuries.  At the time of the accident Mr O’Dea was a member of the Australian Army returning to the barracks at the RAEME Training Centre at Bandiana.  He claimed compensation for his injuries pursuant to the Safety, Rehabilitation and Compensation Act 1988 (“the Comcare Act”). His claim was disallowed by a determination made on 28 June 1995 on the ground that at the time of the accident he was on leave, that he was returning from his parents home in Traralgon to his normal place of residence, the barracks, not to his “employment”, to commence duties on Monday 30 January 1995 and thus he did not come within the provisions of s 6 of the Comcare Act.  By a reviewable decision made on 6 November 1995, that determination was affirmed.  Mr O’Dea sought a review by the Administrative Appeals Tribunal (“the Tribunal”) of the reviewable decision.  On 16 December 1996, the Tribunal made orders setting aside the decision under review and varied the determination made on 28 June 1995:-

“........ to provide that the injuries sustained by Mr O’Dea arose out of, or in the course of, his employment and accordingly Mr O’Dea is to be paid compensation under s 14(1) of the (Act).”

Pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (“the AAT Act”) the applicant (“Comcare”) appealed to this Court on a question of law from the decision of the Tribunal. The question…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Comcare Australia (Defence) v O'Dea and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[1997] FCA 1409
Decision Date

CaseChat Overview and Summary

Comcare Australia (Defence) brought an appeal to the Federal Court against the decision of the Administrative Appeals Tribunal, which found that Mr Daniel Troy O’Dea was entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 for injuries sustained in a car accident while travelling from his parents' home in Traralgon to his place of employment, the RAEME Training Centre at Bandiana. The key issues before the court were whether the Administrative Appeals Tribunal had correctly interpreted and applied the provisions of s 6 of the Act in finding that Mr O’Dea was injured while travelling between his place of residence and place of work, and if the Tribunal had erred in determining that Mr O’Dea was residing temporarily at the RAEME Training Centre for the purposes of his employment. The court found that the Tribunal had not erred in its interpretation of the terms “place of residence” and “place of work” and affirmed the Tribunal’s decision. The court held that the RAEME Training Centre, including the barracks, constituted Mr O’Dea’s place of work and that he was residing temporarily at the barracks for the purposes of his employment. As such, the appeal was dismissed with costs, and the Tribunal’s decision was affirmed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.