External
Substantially increased the risk of injury
The increased risk must be substantial, not just minor or measurable.
If this disqualification provision is under consideration, the assessor should collect objective evidence of the basis for an increase in risk and its magnitude, eg. from traffic accident statistics, expert evidence, etc.
- Repatriation Commission v Smith (1997): the Federal Court considered a reasonably similar provision in the Veterans' Entitlements Act 1986. The client's normal route home took about 20 minutes, but he was injured on a journey home which was rendered much longer because he diverted significantly to have a meal with his wife and then continued on home after dark. The normal journey involved travelling 7 kilometres, passing through 12 major intersections, while the journey actually undertaken involved a round trip of 44.6 kilometres, passing through 66 major intersections. The Tribunal held that there was not a substantially increased risk because the roads were sealed, adequately lit and dry, and there would be fewer cars on the road at 12.15am than earlier in the day. The Federal Court set aside the Tribunal's decision because of its failure to consider the Commission's reasonable submissions that reduced traffic volumes at night resulted in an increase in average speeds thus actually increasing the risk of serious accidents and of serious injuries.