Return to Work Act 1986
61Settling of journey claims
Start here
Get a plain-English read of 61
Turn the raw legal text into a practical explanation grounded in Return to Work Act 1986.
61 Settling of journey claims (1) For the purposes of determining whether an injury to a worker sustained in a motor accident arose out of or in the course of the worker's employment, regard is to be had to the document called "Guidelines for the Settling of Journey Claims" published by or on behalf of the Authority. (2) Where: (a) despite having regard to the document referred to in subsection (1), it remains in dispute as to whether compensation is payable under this Act or the MAC Act; and (b) but for this Act, compensation would be payable under the MAC Act, compensation is payable under the MAC Act until it is determined that compensation is payable under this Act. (3) Where: (a) compensation has been paid under the MAC Act in pursuance of subsection (2); and (b) it is determined that compensation should have been paid under this Act, the MAC Commission: (c) is entitled to recover the amount paid under the MAC Act from the worker's employer; and (d) may claim compensation under this Act on behalf of the person to whom compensation should have been paid under this Act. (4) For the purposes of subsection (3)(d), anything required or permitted to be done under this Act by a worker in respect of a claim for compensation is to be taken to be required or permitted to be done by the MAC Commission. MAC Act means the Motor Accidents (Compensation) Act 1979.
Return to Work Act 1986 49 MAC Commission means the Commission as defined in section 3 of the Motor Accidents (Compensation) Commission Act 2014. motor accident, see section 4(1) of the Motor Accidents (Compensation) Act 1979.