Relevance of this question
Section 6(1)(a) of the SRC Act states:
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:
(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
This question is seeking to establish whether the act of violence would not have occurred but for the client's employment or the performance of duties or functions of employment.
It should be noted that s 6(1)(a) is essentially a restatement of settled law in relation to “arising out of employment”; it does not effect any significant extension of compensation coverage.
Note that, even if an act of violence does not fall within s6(1)(a), an injury sustained from an act of violence may nevertheless be compensable if it arose out of, or in the course of, the client's employment.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/defcare-commentary-january-2003/initial-liability/fact-446-violence-would-have-occurred-if-client-not-employed/relevance-question