A government employee’s workers’ compensation claim has been rejected by the Administrative Review Tribunal (ART) following an incident during his lunch break. The tribunal ruled that the worker “voluntarily and unreasonably submitted to an abnormal risk of injury” when he intervened in a confrontation between teenagers in a public space.
The case involved a Federal Department of Industry, Science and Resources policy officer who sustained a retinal detachment during an altercation with a group of teenagers in Civic, ACT, on November 8, 2023. The worker claimed he was acting in the public’s interest when he intervened in the situation, which escalated into a physical confrontation.
Senior Member Simon Webb, presiding over the case, acknowledged that while it might generally be considered reasonable for a member of the public or a Commonwealth employee to intervene in instances of crime or violence, this particular case went “well beyond an intervention of this kind”.
The tribunal’s decision hinged on Section 6 of the Commonwealth Safety, Rehabilitation and Compensation Act 1988, which outlines conditions under which injuries sustained during work recesses can be considered work-related. However, this provision excludes cases where an employee voluntarily and unreasonably submits to an abnormal risk of injury.
Senior Member Webb found inconsistencies in the worker’s accounts of the incident but determined that, regardless of the version, the worker’s decision to confront the group of youths and his inflammatory manner were “inherently risky and voluntary”. The tribunal ruled that the worker had other options available, such as stepping back, calling for assistance, or walking away, instead of escalating the situation.
This case highlights the complexities surrounding workers’ compensation claims, particularly those involving incidents occurring during work breaks and outside the immediate work environment. It underscores the importance of considering personal safety and the potential consequences of intervening in public disturbances, even when acting with good intentions.
