This is the major circumstance covered by the “approval of the Commonwealth” clause. It should be read in conjunction with section 6 (1) (b) (vi), which includes coverage while at school, college or other learning facility.
Employers will usually document approved study leave. There are generally two parts to the process:
-
approval for the course or specific subjects being taken by the employee; and
-
formal documentation regarding the times of attendance, including tutorials and lectures for all subjects (including night attendance). Paid study leave, travelling time and how the employee intends to claim hours of attendance over the maximum allowed through study leave provisions should all be detailed.
Therefore, consideration of claims for injuries sustained under this section will mean having regard to not only the hours of study leave, but also the specific subjects being undertaken.
|
Example |
|
An employee has study leave approved to complete a Law degree part time. The employer's policy allows for: |
|
5 hours per week paid leave for lectures; and |
|
5 hours per week paid leave for travelling time. |
|
The employee has 7 contact hours of lectures and tutorials during the week as follows: |
|
Monday 9 - 11am |
|
Wednesday 7:30 - 8:30pm |
|
Thursday 2 - 4pm |
|
Friday 10 - 12pm |
His week's timetable looks like this:
Because the employee's number of contact hours are more that he can take as paid study leave, he opts to take the period from Friday 10 to 12 as leave without pay.
The following scenarios indicate compensation coverage under section 6 (1) (b) (v):
Scenario 1 - compensable
The employee is injured on his way to a lecture on Monday morning at 10am.
Scenario 2 - compensable
The employee is injured at a tutorial on Wednesday evening at 8pm.
Scenario 3 - not compensable
The employee is injured at 11:30am on Friday during a lecture as he has opted to use this time as leave without pay. The period in question (LWOP) is specifically excluded by the Act, even though the study leave itself has been approved.