Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 19

19 .         Personal injury by accident arising out of or in course of employment, meaning of

        (1)         Without limiting the generality of section 18, a worker shall be treated as having suffered personal injury by accident arising out of or in the course of the worker’s employment if the injury occurs —

            (a)         during the worker’s attendance at a place for educational purposes if —

                  (i)         the attendance is required by the worker’s terms of employment or apprenticeship; or

                  (ii)         the attendance is for the purpose of, or in connection with, the worker’s employment with the employer and the employer agrees to the attendance;

                or

            (b)         during the attendance at a place for treatment or attendance of a kind referred to in clause 17 of Schedule 1; or

            (c)         during the attendance at a place for the purpose of receiving payment of compensation to which the worker is entitled under this Act.

        (2)         A worker shall not be treated as having suffered personal injury by accident arising out of or in the course of the worker’s employment if the worker suffers an injury —

            (a)         during a journey —

                  (i)         between a place of residence of the worker and the worker’s place of employment; or

                  (ii)         between a place of residence of the worker and a place mentioned in subsection (1); or

                  (iii)         if the worker has more than one place of residence, between those places;

                or

            (b)         during a journey arising out of or in the course of the worker’s employment if the injury is incurred during, or after, any substantial interruption of, or substantial deviation from, the journey, made for any reason unconnected with the worker’s employment or attendance mentioned in subsection (1).

        (3)         In subsection (2) —

        place of residence includes a place of temporary residence;

        substantial interruption prima facie includes any interruption of the journey for a period of more than one hour.

        [Section 19 inserted: No. 48 of 1993 s. 30.]



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