The test for liability for injuries, and aggravations of injuries, under the SRC Act is whether the injury arises out of, or in the course of, the employee's employment with the Commonwealth. This requirement derives from the definition of injury in s 4(1) of the SRC Act:
“injury” means:
(a)a disease suffered by an employee; or
(b)an injury (other than a disease) suffered by an employee, being a physical or mental injury arising out of, or in the course of, the employee's employment; or
(c)an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee's employment), being an aggravation that arose out of, or in the course of, that employment; ...
The majority of cases are, however, covered by a more specific provision in the Act - s 6(1) - which deems an injury to have arisen out of, or in the course of, employment in various circumstances listed in the subsection (eg. injury at a place of work or while travelling for certain purposes).
This question is being asked because, while none of the specific circumstances listed in s 6(1) apply in this case, the injury may nevertheless have arisen out of, or in the course of employment - the s 6(1) circumstances are not exhaustive.