4Out of or in course of employment

4 Out of or in course of employment (1) Without limiting the generality of the meaning of the expression, an injury to a worker shall be taken to arise out of or in the course of his or her employment if the injury occurs while the worker: (a) on a working day on which the worker attends at the worker's workplace: (i) is present at the workplace; or (ii) having been present at the workplace, is temporarily absent on that day in the course of employment or during an ordinary recess and does not during that absence voluntarily subject himself or herself to an abnormal risk of injury; or (d) is in attendance at a trade, technical or other training school that the worker is required to attend by the terms of employment or as an apprentice, or that the worker is otherwise expected to attend by the employer; or (f) is in attendance at a place for any of the following purposes, in connection with an injury for which the worker is entitled to receive compensation: (i) obtaining a medical certificate of capacity; (ii) receiving medical, surgical or hospital advice, attention or treatment; (iii) submitting to a medical examination required under this Act; (iv) receiving a payment of compensation. (1A) In addition, an injury to a worker is taken to arise out of or in the course of his or her employment if the injury occurs while the

Return to Work Act 1986 12 (a) is travelling by the shortest convenient route between the worker's place of residence and a workplace; or (b) is travelling by the shortest convenient route between the worker's place of residence or a workplace and a place mentioned in subsection (1)(d) or (f); or (c) being a worker who is employed by more than one employer and has attended on a working day at a workplace for one employer, is travelling by the shortest convenient route between that place and the worker's place of employment for another employer. (1B) If subsection (1A)(c) is applicable, the injury is taken to have occurred while the worker was employed by the employer to whose workplace the worker was travelling. (2) Subsection (1A) does not apply if an injury sustained while travelling is sustained during or after a substantial interruption of or substantial deviation from the worker's journey made for a reason unconnected with the worker's employment or attendance at a place mentioned in subsection (1)(d) or (f), which, having regard to all the circumstances, would ordinarily have materially added to the risk of injury. (2A) Despite subsection (1A), an injury to a worker is taken not to arise out of or in the course of his or her employment if the injury is sustained in a motor accident, as defined in the Motor Accidents (Compensation) Act 1979, while the worker: (a) having been at the worker's workplace, is temporarily absent during an ordinary recess; or (b) is travelling between the worker's place of residence and a workplace, unless: (i) the workplace is not the worker's normal or usual workplace and the travel is at the request of the worker's employer; or (ii) the worker's employer has required the worker to work outside the worker's normal hours of work; or (c) is travelling between the worker's place of residence or a workplace and a place mentioned in subsection (1)(d) or (f); or