Rye and Comcare (Compensation)

This matter concerned an application by Ms Kate Rye against Comcare for compensation following an injury sustained during a NAIDOC Week netball event. The dispute centred on whether Ms Rye's injury, an anterior cruciate ligament tear, arose out of, or in the course of, her employment with the Department of Human Services (DHS). The Administrative Appeals Tribunal was required to determine this question.

The legal issues before the Tribunal were whether the netball competition constituted an activity connected to Ms Rye's employment with DHS, and if so, whether her injury arose out of or in the course of that employment. Specifically, the Tribunal had to consider the extent to which DHS encouraged, supported, or controlled employee participation in the event, and whether the applicant was acting as a representative of the Department during the competition.

The Tribunal found that DHS actively encouraged its employees, including Ms Rye, to participate in NAIDOC Week events as part of its commitment to supporting Aboriginal and Torres Strait Islander peoples and fostering workplace culture. Evidence showed that Ms Rye was granted cultural leave for the event, her participation was discussed in coaching sessions, and DHS employees were encouraged to wear branded shirts. The Tribunal concluded that the Department sought to exercise a degree of control over its employees' conduct during the competition and represented them as participants on behalf of DHS. Therefore, the injury sustained by Ms Rye arose out of her employment.

The Tribunal set aside the previous decision and substituted an order that Comcare was liable to compensate Ms Rye in respect of her injury.