Tasmanian woman loses workers compensation claim after being raped at conference

A Tasmanian woman, who developed PTSD after allegedly being raped during a conference at a Tasmanian resort in 2023, has lost a claim for ongoing workers compensation from her employer.

TASCAT ordered that weekly payments of compensation were to cease being paid to the woman from the date of its decision, on 14 January.

A Tasmanian woman, who developed post-traumatic stress disorder after allegedly being raped during a conference held at a Tasmanian resort in 2023, has lost a claim for ongoing workers compensation from her employer.

The case was heard by the Tasmanian Civil and Administrative Tribunal after the employer disputed liability for the incident that took place inside a hotel bedroom following a conference dinner.

The tribunal heard the woman and a colleague were asked to attend the two-day event to act as their employer’s representatives.

After spending the first day liaising with other conference delegates, the woman attended an official conference dinner which concluded at 10.30pm.

At around 2am the following morning, she was allegedly attacked inside the room of a male conference delegate.

The man did not work for the same employer as the woman.

“The rape and sexual assault occurred in a room which had been allocated to the perpetrator for overnight onsite accommodation as part of attending the conference,” the woman’s worker’s compensation claim read.

The tribunal found that although the woman informed representatives of her employer of the incident later the same day, she had not submitted a claim for compensation until August last year.

While the employer accepted the woman had suffered PTSD as a result of the sexual assault, it argued the incident had not occurred during the course of her employment, and that she had also failed to lodge a claim within the legislated six-month timeframe.

“[The employer] says that the worker’s employment on the night … came to an end around 10.30pm when the conference dinner was appointed to end,” TASCAT Senior Member R.E. Chander said.

“It points to the fact that it was about 3.5 hours after this time that the sexual assault took place which led to the worker’s PTSD and it occurred in a place where her employer had not encouraged her to be.

“Further, it says that it did not encourage or induce such activity.

“The worker says that the terms of her contract of employment obligated her to attend the … conference for its duration as required by the employer as its representative.

“Her presence … for the two-day period including the intervening night was therefore in accord with her employment.”

TASCAT found that although the women’s presence at the conference had indeed been a requirement of her job, it was arguable that the “activity causative of the worker’s PTSD” had an insufficient connection with her employment to create a liability in her employer to pay compensation.

The tribunal ordered that weekly payments of compensation were to cease being paid from the date of its decision, on 14 January.