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Safe-T-Bulletin

Issue 372 - 23 May 2013


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Industry News
'Buddy' dragged into conveyor
Fake licences threaten safety
Compo sex case back in court
In the Budget
US investigator turns to Australia
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New Work Health and Safety Certificate IV and Diploma can take your career further
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National Safety Awards - Hurry! Nominations close 7 July
Total Facilities Expo, Sydney 5-6 June
Worker Fatalities Update - 65 Australian workers lost to workplace fatalities as at 20 May 2013
Driver Fatigue Conference, Melbourne 18-19 June
Forklift Safety Seminar, Sydney 4 June
NEW Dental Health Workers Safety Guide
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Compo sex case back in court

Comcare has been granted special leave to appeal a court ruling that allows workers compensation for injuries sustained during sexual intercourse on a business trip.

A commonwealth government employee was on a business trip in country New South Wales when she was injured in November 2007.

She was staying in a motel room her employer had booked when she had sexual intercourse.

During sex, a glass light fitting fell on her. She sustained injuries to her mouth and nose, and a psychological injury.

Comcare initially accepted the claim for physical and psychological injuries but then withdrew its acceptance in 2010, saying the injuries were not sustained in the course of the woman’s employment.

In response, the employee applied to have the decision reviewed in the Administrative Appeals Tribunal (AAT). The AAT affirmed Comcare’s decision.

The employee then successfully appealed the case in the Federal Court.

Comcare appealed, unsuccessfully, to the Full Federal Court to have the ruling overturned.

In January, Comcare lodged an application in the High Court to appeal the Full Federal Court ruling.

Special leave to appeal was granted earlier this month and the case is expected to be heard later this year.

Comcare said in a media statement that its wants “a ruling from the High Court that the circumstances surrounding an injury may be relevant to an assessment of whether an injury occurs ‘in the course of employment’”.

For more details, visit Comcare, Federal Court and High Court

 

 
   
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