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16.6.3 History of this provision


The original intent of including the provision relating to temporary absence during an ordinary recess in the new 1988 Act was to cover the increasing number of lunch time sporting injuries which could be seen to be employment related to at least some extent. Prior to the introduction of the 1988 Act, establishing employment connection in these cases was administratively time consuming. As a result of this provision, injuries during an ordinary recess will be covered unless an exclusion applies (e.g. submission to an abnormal risk).

  • Comcare Operations Manual vol.5, pt.2 : Temporarily absent during an ordinary recess
  • Drummond v Drummond (1960) VR 462 at 463-4 : 'Recess'
  • Thompson v Lewisham (1978) (NSW Court of Appeal, 14 July 1978) : Tacit approval