PRIETO Applicant And COMCARE

Case [2010] AATA 546


Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 546

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  2009/1423

DIVISION )
Re  DANIELLE PRIETO

Applicant

And

COMCARE

Respondent

DECISION

Tribunal Professor RM Creyke, Senior Member

Date 22 July 2010

PlaceCanberra

Decision  The decision under review is affirmed.

.....................[sgd].........................

Professor R. Creyke, Senior Member

CATCHWORDS - COMPENSATION – injury received playing in SNOG soccer tournament – whether the activity was associated with employment – activity supported by agency’s social club, not agency – activity on weekend, not at place of work, nor part of work duties - objective test - decision under review affirmed

Commonwealth v Carter (1965) 7 FLR 223;

Commonwealth v Lyon (1979) 24 ALR 300

Commonwealth v Oliver (1962) 107 CLR 353

Commonwealth v Pearson [1982] unreported, 23 February 1982

Gregory v Comcare (1997) 72 FCR 196

Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473

Kavanagh v Commonwealth (1960) 103 CLR 547

Mahon v Air New Zealand [1984] AC 808

R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100

R v Deputy Industrial Injuries Commissioner; Ex parte Moore [1965] A QB 456

Re Clark an Military Rehabilitation and Compensation Commission [2005] AATA 436

Re Kelly v Australian Telecommunications Corporation [1991] AATA 720

Re La Palombara and Commonwealth (1985) 6 ALD 526

Re La Palombana and Commonwealth [1984] AAT No 1662

Re Lowth and Comcare (2000) 64 ALD 747

Re Staddon and Commonwealth (1984) 5 ALD 253

Re Strang v Commonwealth [1984] AAT No 1395

Sue v Hill (1999) 199 CLR 462

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5, 5A, 5A(1), 6(1), 6(1)(c), 14

REASONS FOR DECISION

1.      Ms Danielle Prieto was employed in 2008 by the Australian National Audit Office (ANAO).  On 7 September 2008 she injured her right knee while playing soccer.

2.      The soccer game took place on a weekend, and was not at her place of work, nor part of her work duties, and was not organised by her employer.

3.      The game was part of a one day soccer tournament organised by the Social Network of Graduates (SNoG) in which teams from Commonwealth agencies competed.

4.      On 22 November 2008 Comcare denied liability for the injury on the basis that the injury did not arise out of or in the course of Ms Prieto’s employment.  That decision was affirmed on reconsideration on 15 December 2008. 

5.      On 8 April 2009 Ms Prieto sought review by the Tribunal.

Legislation

6.      The following are the relevant provisions of the Act.

7. Section 5A(1) defines 'injury' to mean: ...

(b)an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee's employment. ...

8. Section 6(1) of the Act provides:

(1) Without limiting the circumstance in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment,…

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AGLC
PRIETO Applicant And COMCARE [2010] AATA 546
Case
[2010] AATA 546
Decision Date

CaseChat Overview and Summary

The Applicant, Prieto, sought a review of a decision by Comcare, which declined his claim for compensation for an injury he received while playing in a soccer tournament. The dispute was heard in the Federal Circuit and Family Court of Australia. The primary issue for the court was whether the injury Prieto sustained was incurred in the course of his employment. The court had to determine whether the activity, which was supported by the agency's social club and occurred on a weekend outside of the workplace, could be considered associated with Prieto's employment.

The court examined the objective nature of Prieto’s activities and the circumstances surrounding the injury. It considered whether the soccer tournament was an integral part of his employment or merely a recreational activity that happened to be endorsed by the agency’s social club. The court found that the activity was not part of Prieto's work duties, did not occur at his place of work, and was not supported by the agency itself but by the agency's social club. The court concluded that the injury was not incurred in the course of Prieto's employment, applying an objective test that focused on the nature and circumstances of the injury rather than the subjective intentions of the parties involved.

As a result, the court affirmed the original decision by Comcare to reject Prieto's claim for compensation. The court's reasoning was based on the lack of direct association between the injury and Prieto's employment, considering the nature of the activity and the circumstances under which it occurred. This decision highlights the importance of the objective test in determining whether an injury is work-related for the purposes of compensation claims.

Orders

Orders of the court

The decision under review is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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