NSW Government Bulletin - 20 November 2013

This fortnight, the controversial case of Comcare v PVYW [2013] HCA 41 concluded after a decision was handed down by the High Court of Australia. This brings certainty to the boundaries between private and business activities when employees travel for work purposes, whether they be employed in the public sector or the private sector. In a majority decision, the High Court allowed Comcare's appeal and held that there needed to be a connection between an injury sustained during a work trip and an activity encouraged or induced by the employer. To make this connection, the inducement had to be more than simply encouraging an employee to be at the place where the injury occurred. The inducement needed to be in relation to the specific activity, which resulted in the injury. Employment Minister Eric Abetz has subsequently issued a statement welcoming the High Court decision as common sense, and stating that it serves to protect the currency of workplace safety.