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.
The Concise Oxford Dictionary gives the following definition of 'interrupt':
1 act so as to break the continuous progress of (an action, speech, a person speaking, etc.) ...3 break the continuity of.
An interruption can only occur if a journey has already commenced and can best be seen as a distinct break in that particular journey.
Delegates should collect the following information before establishing whether or not an interruption to the member's journey has occurred:
On the basis of this information, a judgment should be made whether an interruption has occurred or whether the deviation is better characterised as part of the overall journey.
Note that a journey should not be considered to be 'interrupted' if the client is unable to continue the intended journey because of travel factors outside his or her control (e.g. a blocked road, mechanical breakdown, etc.) and changes to a different mode of travel.
If it is determined that there has been an interruption to the client's journey, the disqualification provision (S6(2)(b)) only applies if the interruption 'substantially increased the risk of injury'.
The risk may have been increased because the member then had to complete the rest of their journey in:
The increased risk must be substantial, not just minor or measurable.
If this disqualification provision is under consideration, the Delegate should collect objective evidence of the basis for an increase in risk and its magnitude, e.g. from traffic accident statistics, expert evidence, etc.
This disqualification provision only comes into consideration if the member travelled by a route which is less direct than another available route.
The Concise Oxford Dictionary includes the following definition of 'direct':
1 extending or moving in a straight line or by the shortest route; not crooked or circuitous.
In making this assessment, it is important to note that a 'more direct route' should not be based simply on a comparison of geographic distances. Other factors such as the mode of transport used, the time of day, public transport schedules, traffic flows, etc. may make two routes reasonably equivalent even if one is longer than the other in actual kilometres travelled.
Delegates should collect the following information before determining whether or not a member travelled by a route which was less direct than another route:
The availability of a 'more direct route' must be based only on the mode or modes of transport actually available to, and used by, the member on the day of the injury. It would be inappropriate to base a decision on the mode of transport customarily used by the member or on an assumption that the member owns or has access to a motor vehicle.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20477%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/20493%23comment-form
[3] https://clik.dva.gov.au/user/login?destination=node/20391%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=node/20225%23comment-form
[5] https://clik.dva.gov.au/user/login?destination=node/20461%23comment-form
[6] https://clik.dva.gov.au/user/login?destination=node/20363%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=node/20387%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=node/20475%23comment-form