Release type: Media Release


Victory for common sense


Senator the Hon Eric Abetz
Minister for Employment
Minister Assisting the Prime Minister for the Public Service
Leader of the Government in the Senate

“Today’s decision by the High Court to allow Comcare’s appeal in the infamous ‘sex case’ is welcome," Senator Abetz said today.

The High Court has found that the Commonwealth public servant who sought workers compensation for an injury sustained on a work trip, after hours, while engaging in sexual activities was not valid.

“The High Court has taken a very welcome common sense approach that will see a more sensible approach prevail in the future,” Senator Abetz said.

“This decision protects the currency of workplace safety which was in serious danger of being trivialised by this claim.

“This decision also means that the definition of ‘work-related injury’ is more clearly defined.

“It’s important in Australian workplaces that we have a form of ‘mutual obligation’ where employees and employers both work together and are prepared to accept personal responsibility.

“Instances such as this where an employee seeks to stretch the boundaries of entitlements are of great concern and the High Court’s intervention is welcome.

“I commend Comcare on its stand and willingness to see this matter through to the highest court in the land.”