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17.2.5 What does 'substantially increased the risk of injury' mean?
If it is determined that there has been an interruption to the client's journey, the disqualification provision (S6(2)(b)) only applies if the interruption 'substantially increased the risk of injury'.
The risk may have been increased because the member then had to complete the rest of their journey in:
- heavier traffic or lighter traffic (driving at increased speed)
- inclement weather conditions, or
- a tired state.
The increased risk must be substantial, not just minor or measurable.
If this disqualification provision is under consideration, the Delegate should collect objective evidence of the basis for an increase in risk and its magnitude, e.g. from traffic accident statistics, expert evidence, etc.