The Sexual Legal Geography in Comcare V Pvyw (original) (raw)

University of New South Wales law journal, 2015

Abstract

In October 2013 the High Court, by a 4:2 majority, allowed an appeal by the federal government's workplace insurer, Comcare, denying the Commonwealth government employee respondent, known by the gender neutral identifier 'PVYW' but widely known as being a woman, workers compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) ('SR and C Act'). In November 2007, PVYW had been sent to visit a regional coastal urban office, and was required to stay overnight at a motel booked and paid by for the employer. While staying overnight at the motel, PVYW was struck in the face by a glass light fitting on the bed when it was pulled off the wall of the motel during sexual intercourse with a local acquaintance. Following the incident, PVYW claimed compensation for physical and subsequent psychological injuries under the SR and C Act. Comcare originally accepted the claim and for two years PVYW was compensated for the injuries that had been sustained. It w...

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