Brew v WorkCover Qld

[2003] QCA 504

Queensland Court of Appeal

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Interrogate

Catchwords

1. Insurance
2. › Third party liability insurance
3. › Motor vehicles
4. › Whether injury caused by wrongful act or omission 'in respect of' motor vehicle
5. › Whether employer's direction to drive when employee unfit due to fatigue was act in respect of motor vehicle
6. › Whether alternative basis of liability as employer for unsafe system of work precludes application of motor accident insurance legislation
7. › Motor Accident Insurance Act 1994 (Qld), s 5(1)(a), s 5(1)(b)
8. › WorkCover Queensland Act 1996 (Qld), s 11(2)
1. Workers Compensation
2. › Exclusion of claim
3. › Injury arising from motor vehicle accident in course of employment
4. › Whether claim governed by Motor Accident Insurance Act 1994 (Qld) or WorkCover Queensland Act 1996 (Qld)
5. › Motor Accident Insurance Act 1994 (Qld), s 5(1)
6. › WorkCover Queensland Act 1996 (Qld), s 5(1)(a), s 5(1)(b), s 11(2), s 280, s 285

Quick Take

An employer's direction to an employee to drive a motor vehicle when the employee is unfit due to fatigue constitutes a wrongful act 'in respect of' the motor vehicle for the purposes of s 5(1)(b) of the Motor Accident Insurance Act 1994 (Qld). The existence of an alternative basis of liability founded on a failure to provide a safe system of work does not exclude the operation of the MAIA.