Commonwealth Consolidated Acts

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

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 6

Injury arising out of or in the course of employment

  (1)   Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained:

  (a)   as a result of an act of violence that would not have occurred but for the employee's employment or the performance by the employee of the duties or functions of his or her employment; or

  (b)   while the employee was at the employee's place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment; or

  (c)   while the employee was temporarily absent from the employee's place of work undertaking an activity:

  (i)   associated with the employee's employment; or

  (ii)   at the direction or request of the Commonwealth or a licensee; or

  (d)   while the employee was, at the direction or request of the Commonwealth or a licensee, travelling for the purpose of that employment; or

  (e)   while the employee was at a place of education, except while on leave without pay, in accordance with:

  (i)   a condition of the employee's employment by the Commonwealth or a licensee; or

  (ii)   a request or direction of the Commonwealth or a licensee; or

  (iii)   the approval of the Commonwealth or a licensee; or

  (ea)   while the employee was travelling between the employee's place of work and a place of education for the purpose of attending that place in accordance with:

  (i)   a condition of the employee's employment by the Commonwealth or a licensee; or

  (ii)   a request or direction of the Commonwealth or a licensee; or

  (iii)   the approval of the Commonwealth or a licensee; or

  (f)   while the employee was at a place for the purpose of:

  (i)   obtaining a medical certificate for the purposes of this Act; or

  (ii)   receiving medical treatment for an injury; or

  (iii)   undergoing a rehabilitation program provided under this Act; or

  (iv)   receiving a payment of compensation under this Act; or

  (v)   undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or

  (vi)   receiving money due to the employee under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and the Commonwealth or a licensee, is available, or reasonably expected by the employee to be available, for collection at that place; or

  (g)   while the employee was travelling between the employee's place of work and another place for the purpose of:

  (i)   obtaining a medical certificate for the purposes of this Act; or

  (ii)   receiving medical treatment for an injury; or

  (iii)   undergoing a rehabilitation program provided under this Act; or

  (iv)   undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or

  (h)   while the employee was, at the direction or request of the Commonwealth or a licensee, at a place:

  (i)   outside Australia and the external Territories; and

  (ii)   declared by the Minister by legislative instrument to be a place to which this paragraph applies; or

  (i)   while the employee was:

  (i)   at the direction or request of the Commonwealth or a licensee, at a place outside Australia and the external Territories; and

  (ii)   a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.

  (1A)   For the purposes of this section:

  (a)   a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; or

  (b)   a journey to such a place of residence is taken to end at that boundary.

  (1B)   If an employee owns or occupies a parcel of land contiguous with the land on which the employee's residence is situated, the boundary referred to in subsection   (1A) is the external boundary of all of the contiguous parcels of land if treated as a single parcel.

  (1C)   For the purposes of paragraph   (1)(d), travel between the employee's residence and the employee's usual place of work is taken not to be at the direction or request of the Commonwealth or a licensee.

  (2)   In paragraph   (1)(d), the reference to the employee travelling does not include a reference to travelling to or from a place mentioned in paragraph   (1)(e) or (f).

  (3)   Subsection   (1) does not apply where an employee sustains an injury:

  (a)   while at a place referred to in that subsection; or

  (b)   during an ordinary recess in his or her employment;

if the employee sustained the injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback