Sims and Hayes (Compensation)

This matter concerned a claim for compensation by Mr Sims, a deckhand, under the Seafarers Rehabilitation and Compensation Act 1992, following an injury sustained in June 2014 while working on the vessel Gabo Bay. The primary issue before Deputy President K Bean of the Administrative Appeals Tribunal was whether the Gabo Bay was engaged in "trade or commerce among the States" at the time of Mr Sims' injury, which would establish the Tribunal's jurisdiction. The respondent argued that the vessel did not engage in interstate trade, asserting that the catch was sold locally and that the vessel remained within South Australian waters.

The Tribunal was required to determine if the activities of the Gabo Bay constituted interstate trade or commerce for the purposes of the Seafarers Act. This involved assessing whether the commercial arrangements and the movement of the vessel's catch established a connection to trade between Australian states. Additionally, the Tribunal needed to identify the proper respondent to the compensation claim, as there was a dispute regarding whether Mrs Dimity Hayes was the sole employer or if other individuals or entities were also involved.

Deputy President Bean reasoned that the Gabo Bay was engaged in interstate trade or commerce because it was fishing at the behest of and pursuant to licences and quotas held by a Victorian company, Pescatore Di Mare Pty Ltd, to whom the bulk of the catch was sold. The Tribunal found that this commercial arrangement, involving entities in different states and carried out across state borders, constituted trade or commerce "among the States," making the vessel an integral part of this interstate activity. The Tribunal also noted that the applicant provided evidence suggesting the vessel travelled east from Robe towards the Victorian border due to a gillnet ban, further supporting the conclusion of interstate movement.

Having considered the additional submissions and material, the Tribunal concluded that it was satisfied on the balance of probabilities that the Gabo Bay was engaged in trade or commerce among the States at the relevant time, thereby confirming its jurisdiction. The Tribunal also acknowledged that the issue of the proper respondent remained to be fully clarified, noting that further information was required to determine the applicant's employer.