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16.8.2 After hours travel while occupying employers accommodation - 1971 Act


However, the most significant 1971 Act travel provision is the additional coverage contained in S34 of that Act, which operates only where living accommodation is provided by the employer and relates specifically to journeys other than those to and from work.

  • Section 34 (2) relates specifically to the case where the accommodation is provided at the place of employment.
  • Note that the provisions of S34 are in addition to (and do not cancel) those of Ss32 and 33 which relate only to travel to/from work.

Section 34 allows compensation for injuries received on journeys that were:

  • to the employer-provided accommodation, AND
  • from a place other than employment, AND
  • ending (potentially or actually) between eight PM on the day stood-down and the next period of scheduled duty,

and also journeys which were:

  • from the employer-provided accommodation, AND
  • commenced after the stand-down on that day, AND
  • was a journey other than to employment, AND
  • ended (potentially or actually) before 9 AM on the day after the last stand-down.

Section 35 provides that where there was more than one journey within these defined periods, only the first journey has compensation coverage.

Delegates referring directly to the text of S34 will observe that it refers to accommodation that was provided by the Commonwealth 'without charge'. However, given uncertainties relating application of Rations and Quarters payments during the currency of the 1971 Act, the RCG policy is to waive the requirement that the accommodation be free.

See also part 18 which deals specifically with the travel provisions of all the relevant Acts.