Rye and Comcare (Compensation)

The applicant, Rye, sought review of a decision by Comcare that she had not suffered an injury arising out of or in the course of her employment. Rye sustained an injury to her right knee during a netball game organised as part of NAIDOC Week celebrations. The Department of Human Services (DHS), Rye's employer, actively supported and encouraged staff participation in such events, including the NAIDOC Week celebrations, as outlined in its Employees Plan. The Deputy President of the Administrative Appeals Tribunal was required to determine whether the netball game was an activity associated with Rye's employment and whether her injury sustained during this activity was compensable under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act).

The Tribunal considered whether the netball game could be characterised as an activity associated with Rye's employment. Evidence indicated that DHS encouraged staff involvement in NAIDOC Week events, and Rye was nominated to be part of the NAIDOC/Reconciliation Committee. Furthermore, Rye's supervisor had encouraged her participation in the netball game, suggesting it would be a good opportunity to represent DHS and for networking. The Tribunal also noted that Rye was considering applying for a role as an Indigenous Services Officer, which involved liaison with the Aboriginal and Torres Strait Islander community, and that the netball game could be seen as a networking opportunity relevant to this career aspiration. The Tribunal applied the principles established in cases concerning injuries sustained during activities associated with employment, focusing on the employer's encouragement and the nexus between the activity and the employee's duties or career advancement within the organisation.

The Tribunal found that Rye's injury arose out of, or in the course of, her employment. It determined that the injury was sustained while Rye was temporarily absent from her usual place of work undertaking an activity associated with her employment, as defined by section 6 of the SRC Act. Consequently, Comcare was liable to pay compensation for the injury pursuant to section 14 of the SRC Act. The reviewable decision of Comcare denying compensation was set aside, and it was decided that Comcare was liable to pay compensation for Rye's injury.