Comcare v Mather

Comcare appealed against the Administrative Appeals Tribunal's decision to grant compensation to Sergeant Mather and the dependants of Corporal Mitchell, both Australian Army soldiers, under the Safety Rehabilitation and Compensation Act 1988. The Tribunal held that the soldiers were in the course of their employment when they were killed and injured respectively. The appeal hinged on the interpretation of the phrase "induced or encouraged" in Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473, which determines if an injury occurred in the course of employment. The soldiers were on authorized local leave during a military exercise in Darwin, and were struck by a car on the Arnhem Highway. Comcare argued that the Tribunal erred in finding that the Army had induced or encouraged the soldiers to be on the highway at the time of the accident. The Court considered the principles established in Hatzimanolis, which require a dual enquiry: characterizing the periods of work to determine if the injury occurred in an interval within an overall episode of work, and determining if the employee's position or undertaking at the time of injury was something induced or encouraged by the employer. The Court found that the soldiers' participation in social activities during leave, such as drinking and socializing at hotels, was encouraged by the Army's grant of local leave. The Court rejected Comcare's argument that the Tribunal had applied an incorrect test, and held that the soldiers were in the course of their employment at the time of the accident. The appeal was dismissed, and the decision of the Tribunal was confirmed.