Federal Court Judge John Nicholas overturned that last year, rejecting the tribunal's findings that the sex had to be condoned by the government if she were to qualify
for compensation.
“If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity,” Nicholas wrote then.
Comcare lost its appeal to the Full Bench last December, with the judges finding that the government's views on the woman having sex were irrelevant. “No approval, express or implied, of the respondent's conduct was required,” they said.
But the High Court ruled that Comcare was not liable to pay compensation. It's not clear how much compensation for the woman's physical and psychological injuries was in question.
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