Scambary and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal (AAT) reviewed a decision of the Veterans’ Review Board (VRB) concerning an application for compensation by Mr. Scambary. The VRB had determined that Mr. Scambary did not meet the statutory requirements for compensation under section 27 of the Military Rehabilitation and Compensation Act 2004 (Cth) for an injury sustained while on shore leave.

The primary legal issues before the AAT were whether Mr. Scambary was rendering service at the time of his injury and whether the injury occurred in the course of duty. These determinations were crucial for establishing his entitlement to compensation under the relevant legislation.

The Tribunal found that Mr. Scambary, a member of the Royal Australian Navy, was granted shore leave while HMAS Darwin was docked in Newcastle. This leave was consistent with naval practice and policy, allowing members to leave the ship for personal activities. While on this approved leave, Mr. Scambary attended a winery tour and subsequently sustained an injury at a hotel. The Tribunal concluded that, although Mr. Scambary was on leave and not actively performing naval duties, the nature of shore leave, which is considered an integral part of maintaining mental health and is promoted by the Navy, meant that he was still considered to be rendering service. Consequently, the injury sustained during this period was deemed to have occurred in the course of duty.