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 in his judgment in favor of the woman receiving compensation.
In the Full Bench decision, Judges Patrick Keane, Robert Buchanan and Mordy Bromberg agreed last week that the government's views on the woman having sex in her motel room were irrelevant.
No approval, express or implied, of the respondent's conduct was required,'' they said.
It is not yet clear how much compensation the woman will be paid.
Comcare was on Monday considering an appeal to the High Court, Australia's highest legal authority, Comcare spokesman Russ Street said.
The issue is a significant one,'' Street said in a statement. Workers need to be clear about their entitlements and employers should have an understanding of their responsibilities and how to support their staff.''