← All Authorities
Australia professional negligencegrounds illegality

Comcare v Martin

(2016) 258 CLR 467
JurisdictionAustralia
CourtHigh Court of Australia
Year2016
StatusBinding authority

Summary

Psychological injury arising from reasonable management action falls within the exclusion from 'injury' under the Safety, Rehabilitation and Compensation Act 1988 and is not compensable.

Key Principle

The HCA considered the definition of 'injury' under the Safety, Rehabilitation and Compensation Act 1988 and held that a psychological injury arising from reasonable management action is excluded from compensation.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

Ask CommonBench about this case

Get a detailed analysis of Comcare v Martin and how it applies to your situation.

Explain Comcare v Martin