Rye and Comcare [2020] AATA 4963.
Key Points:
An employee claimed workers compensation for an injury to her right knee, sustained as a result of playing netball in a competition arranged as part of NAIDOC Week.
The Tribunal was asked to consider whether the injury arose out of, or in the course of, her employment with Services Australia.
The Tribunal found in favour of Ms Rye.
Background:
Ms Katherine Rye commenced employment with Services Australia in Newcastle in 2009. A Family Sports Fun Day was held on 5 July 2017 as part of NAIDOC week celebrations.
Ms Rye s Manager informed Ms Rye that she could take cultural leave for the day to attend the Fun Day to play in the netball competition. On 5 July 2017, Ms Rye drove to the NAIDOC Week netball competition. Shortly after the competition began, Ms Rye injured her right knee and was taken to hospital.
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In January 2021, the Canadian Council of Insurance Regulators
(CCIR) released a paper outlining a number of issues to address
as connected and autonomous vehicles (CAVs) become increasingly
prevalent in the automobile sector.
The CCIR s paper contains the results of a small-scale
survey conducted across several government and industry
associations. The survey indicates that most respondents
acknowledge that CAVs will have a significant impact on automobile
insurance. A majority also agreed that CAVs posed at least some
risk to the industry. However, only half of survey respondents felt
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In 2020, there were numerous changes to regulation of the
insurance sector in Canada, both in response to COVID-19 and in
keeping with regulators long-term plans. This article provides
a recap of some of the major changes that insurance companies and
other industry participants should keep in mind in 2021.
1. REGULATORY CHANGES
Saskatchewan s New Insurance
Legislation
The Insurance Act (Saskatchewan) and its
regulations came into force on January 1, 2020. The new Act created
new licensing categories, new rules regarding fair and unfair
practices, and rules regarding self-evaluative audits.
The Act of 19 December 2020
1 implementing the
Budget Act 2021 introduced into the Insurance Contract
Act
2 a new provision to secure the outcome of insurance
policies underwritten by UK insurers post-Brexit.
By amending Article 2 of the act,
3 the legislature
relieved any doubt as to the validity of insurance contracts in the
event that:
an EEA or third-country insurance undertaking loses its
approval to carry out direct insurance operations in Luxembourg
while retaining its authorisation in its home state; and
a contract has been validly issued or renewed by an undertaking
authorised to work in Luxembourg under the freedom of establishment
or the freedom to provide services at the time of issue or renewal