Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKERS COMPENSATION ACT 1951 - SECT 36

Journey claims

    (1)     A personal injury received by a worker on an employment-related journey is, for this Act, an injury arising out of, or in the course of, the worker's employment.

Note     Compensation may be payable for an injury arising out of, or in the course of, employment under s 31 (General entitlements to compensation for personal injury).

    (2)     The following are employment-related journeys for the worker:

        (a)     a journey between the worker's home and workplace;

        (b)     a journey between the worker's home and an educational institution that the worker is attending for an employment-related purpose;

        (c)     a journey between the worker's home or workplace and another place if the purpose of the journey is to obtain 1 or more of the following in relation to a previous injury for which the worker is entitled to compensation under this Act:

              (i)     a medical certificate;

              (ii)     medical advice, attention or treatment;

              (iii)     compensation.

    (3)     However, subsection (1) applies to an injury received during or after a non employment-related interruption of, or deviation from, an otherwise employment-related journey only if the risk of injury was not materially increased because of the interruption or deviation.

    (4)     For this section—

        (a)     an employment-related journey to the worker's home is taken to end at the boundary of the premises where the worker's home is located; and

        (b)     an employment-related journey from the worker's home is taken to begin at the boundary of the premises where the worker's home is located.

    (5)     In this section:

"home", for a worker, means the place where the worker usually lives.

"workplace", for a worker, means the worker's place of employment.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback