Metro Trains Pty Ltd v Keay

[2023] VSCA 223

Victorian Court of Appeal

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Interrogate

Catchwords

1. Accident Compensation
2. › Workplace injury
3. › Serious injury
4. › Injury arising from transport accident
5. › Psychiatric injury resulting from multiple transport accidents
6. › Whether worker required to make application under Transport Accident Act 1986 or Workplace Injury Rehabilitation and Compensation Act 2013
7. › Interaction between Transport Accident Act 1986 and Workplace Injury Rehabilitation and Compensation Act 2013
8. › Transport Accident Act 1986 (Vic), s 93
9. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 326, 335
1. Statutes
2. › Interpretation
3. › Singular includes plural
4. › Whether reference to 'a transport accident' includes multiple transport accidents
5. › Interpretation of Legislation Act 1984 (Vic), s 37(c)
6. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), s 326(a)

Quick Take

A worker who suffers psychiatric injury from multiple transport accidents during employment must make separate serious injury applications under s 93(4)(d) of the Transport Accident Act 1986 for each transport accident, and cannot aggregate the injuries into a single application under s 335(2)(d) of the WIRC Act. The reference to 'a transport accident' in s 326(a) of the WIRC Act includes multiple transport accidents by operation of s 37(c) of the Interpretation of Legislation Act 1984. Belgrave Heights Christian School v Moore is confined to cases where the contributing incidents do not constitute transport accidents.