Sutherland and Comcare (Compensation)

This matter concerned an appeal by Ms Sutherland against a decision by Comcare to revoke acceptance of liability for injuries sustained on 15 January 2013. Ms Sutherland had been engaged by the University of Canberra (UC) under sessional contracts of employment since February 2010, with a contract in place covering the period of her injury. On the day in question, she attended UC for two meetings related to her academic duties, one of which was with an HR consultant regarding employment matters. While on the premises, she fell and sustained injuries. Comcare's delegate had been satisfied that Ms Sutherland had a contract of employment but was not satisfied that she was required to be at work on that day, leading to the revocation of liability.

The Administrative Appeals Tribunal was required to determine whether Ms Sutherland was an employee of UC at the time of her injury and, if so, whether her injuries arose out of, or in the course of, her employment. The Tribunal considered the nature of Ms Sutherland's engagement with UC, noting that while her contractual hours for tutoring had been completed, it was common practice for sessional contracts to extend beyond the semester for administrative purposes. The Tribunal also examined the purpose of Ms Sutherland's attendance at UC on the day of the incident, specifically the meetings she had scheduled, and the employer's own statements regarding her employment status.

The Tribunal found that Ms Sutherland was an employee of UC on 15 January 2013. It reasoned that her attendance at UC for the scheduled meetings, including the discussion with an HR consultant regarding employment matters, was consistent with her role and responsibilities as a sessional academic. The Tribunal concluded that her injuries occurred at her place of work during an ordinary recess and therefore arose in the course of her employment. Consequently, the Tribunal set aside Comcare's decision and substituted it with a determination that Ms Sutherland was entitled to compensation under section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for the injuries sustained.