Section 6(1)(b) of the SRCA extends liability for compensation where the member was 'travelling between' certain specified places:
(ii)place of residence and place of work
(iii)normal place of residence and temporary place of residence
(iv)two places of work
(v)place of work or residence and place of education
(vii)place of work or residence and certain other places specified in S6(1)(b)(vii) of the SRCA.
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. Quite obviously, journeys undertaken whilst on duty, i.e. for purposes of employment and/or at the direction of the employer, would be compensable.
Note that changes to the SRCA effective 13 April 2007 have amended Section 6, however as MRCA now covers journeys for ADF members on/after 1 July 2004 any journey claims will come under the old provisions outlined above.
Travel provisions under the 1971 Act are quite different in form to those under the SRCA. Travel during the currency of the 1971 Act is governed by Sections 32 to 36 of that Act.
Section 32:
Section 33:
Section 34:
Section 35:
Section 36:
Section 9A of the 1930 Act provided compensation for travel injuries thus:
9A(1)The Commonwealth is liable for an injury received while:
9A(2)'Travelling' is defined to mean travelling by the shortest convenient route and does not include any part of a journey after a substantial deviation or interruption,
i.e. where the deviation or interruption was not connected with employment.
The Delegate may however accept liability if the deviation or interruption did not materially change or increase the risk involved in the journey.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20408%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/20140%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/20328%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=node/20217%23comment-form