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17.2.1 General and provisions of S6(2)


Note that it is possible for an injury to have 'arisen out of, or in the course of employment' even if the above special deeming provisions of S6(1)(b) do not apply to the journey in question.

However, the use of the phrase 'travelling between' in S6(1)(b) permits a 'whole journey' approach, i.e. an Delegate is not required to dissect each element of a journey, but rather can take a broad approach, looking at the primary objective of the travel and disregarding minor deviations or interruptions such as dropping children off at school on the way to work or buying a newspaper or petrol during the journey.

Nevertheless, substantial deviations which increase the risk of travel and large breaks in the journey which changes the character of a journey from that to or from a residence would normally cancel liability.

In fact, S6(2) of the SRCA states:

Subparagraph (1)(b)((ii), (iii), (iv) or (vii) does not apply when the travel:

a)was by a route that substantially increased the risk of sustaining an injury when compared with a more direct route, or

b)was interrupted in a way that substantially increased the risk of sustaining an injury.