Turner-Dauncey and Military Rehabilitation and Compensation Commission (Compensation)

Turner-Dauncey applied to the Administrative Appeals Tribunal for compensation under the *Military Rehabilitation and Compensation Act 2004* (Cth) (MRCA) for injuries sustained while surfing. The applicant argued that the surfing activity was encouraged by the Royal Australian Navy (RAN) as part of his rehabilitation and that his injuries therefore arose out of or in the course of his service. The Military Rehabilitation and Compensation Commission opposed the claim, asserting the surfing injury was not service-related.

The Tribunal was required to determine whether the applicant's surfing injury arose out of or in the course of his employment with the RAN, and whether the injury was an unintended consequence of treatment provided to him. This involved considering the extent to which the RAN encouraged or directed the applicant's participation in surfing as part of his rehabilitation.

Deputy President Bernard McCabe P affirmed the decision under review, finding that while the RAN encouraged physical activity, the applicant's decision to surf was a personal choice and not a direct consequence of treatment or rehabilitation mandated by the Navy. The Tribunal applied the principles of causation and scope of employment within the context of the MRCA, concluding that the surfing activity, and the resulting injury, did not fall within the scope of the applicant's service or the treatment provided.