Secretary, Department of Family and Community Services v Bee

The case of Secretary, Department of Family and Community Services v Bee involved a dispute over whether Ms Bee was a deemed worker under the Workplace Injury Management and Workers Compensation Act 1998. Ms Bee had been authorised as a foster carer for the Department but claimed she was a deemed worker and entitled to workers' compensation after she injured herself while caring for a foster child. The Department argued that Ms Bee was not a deemed worker because there was no contract of service between her and the Department. The dispute was heard in the New South Wales Civil and Administrative Tribunal (NCAT) and subsequently appealed to the Supreme Court of New South Wales.

The central legal issue before the court was whether a contract of service existed between Ms Bee and the Department. The court had to determine whether the relationship between Ms Bee and the Department amounted to a contract of employment, which would make her a deemed worker under the Act. The court also needed to decide whether the Code of Conduct signed by Ms Bee created a contractual relationship with the Department.

In its decision, the court found that there was no contract of service between Ms Bee and the Department. The court held that Ms Bee's motivation to foster was purely altruistic and did not include any intention to enter into a legal relationship with the Department. Additionally, the Code of Conduct signed by Ms Bee did not contain any obligations that could be considered contractual. The court emphasised that the relationship between Ms Bee and the Department was one of voluntary service, rather than an employment contract.

The Supreme Court revoked the Arbitrator's determination and made orders in its place, including that there was no award for Ms Bee. Both parties were ordered to pay their own costs of the appeal.