Relevance of this question

Relevance of this question

This question is part of an investigation as to whether the condition claimed by the client has arisen out of, or in the course of, employment and is therefore compensable under the SRC Act.

In particular, the question is testing whether s 6(1) of the Act applies; this section deems an injury to be work-caused if it is sustained at certain identified places (ie. place of work, a place of education) or while the client is travelling between certain identified places (a “travel claim”).

Section 6(1)(b)(vii) and (viii) requires an injury to be treated as having arisen out of, or in the course of, employment if it is sustained while the client is travelling between a place of work or place of residence and another place, or is at that place for certain purposes.  The actual form of the provision is:

6(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:

...

(b)while the employee:

...

(vii)was travelling between his or her place of work or place of residence and any other place for the purpose of:

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

(B)receiving medical treatment for an injury;

(C)undergoing a rehabilitation program provided under this Act;

(D)receiving a payment of compensation under this Act;

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

(F)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 licensed corporation, is available, or reasonably expected by the employee to be available, for collection at that place; or

(viii)was at a place for a purpose referred to in subparagraph (vii).