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25.4.1 Section 6(2) and (3) of the SRCA
An exclusion from compensation on the basis that the client submitted to a greater than usual risk of injury occurs twice within the SRCA.
The first is contained within S6(2) which deals with prescribed travel (i.e. between home and work) and refers to injuries where the client chose a risky route or interrupted the journey in a way that increased the risk of injury. Delegates requiring more information on the provisions of S6(2) should refer to section 18.2 of this Handbook.
The second exclusion relating to unreasonable risk, derives from S6(3) which reads:
6(3) Subsection (1) does not apply where an employee sustains an injury:
- while at a place referred to in that subsection, or
- 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.
Unlike S6(2), S6(3) does not apply to travel claims, it only applies to injury sustained:
- at a place referred to in S6(1), i.e. a place where the client was engaged in:
- obtaining a medical certificate
- receiving medical treatment
- undergoing a rehabilitation program
- receiving a payment of compensation
- undergoing a medical examination or rehabilitation assessment
- receiving money due to him or her, or
- during an ordinary recess in employment.
Note that, because of the drafting of S6(3), consideration of voluntary and unreasonable submission to an abnormal risk of injury will also arise where the client has been injured as a result of an act of violence (S6(1)(a)).
Note also that, where the Delegate decides that voluntary submission to an abnormal risk of injury has occurred, the investigation will conclude that the client's injury did not 'arise out of, or in the course of, employment'. In effect, the answer to this question is applied not only to S6(1) but also to the definition of 'injury' in S4(1).