Div 1Connection with employment

Division 1—Connection with employment 7—Injury must arise from employment (1) This Act applies to an injury if (and only if) it arises from employment. (2) Subject to this section, an injury arises from employment if— (a) in the case of a physical injury—the injury arises out of or in the course of employment and the employment was a significant contributing cause of the injury; and (b) in the case of a psychiatric injury— (i) the psychiatric injury arises out of or in the course of employment and the employment was the significant contributing cause of the injury; and (ii) the injury did not arise wholly or predominantly from any action or decision designated under subsection (4). (3) In connection with the application of subsection (2) to an injury that is, or results from, the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior injury (a prescribed event)— (a) in the case of an injury other than a psychiatric injury—employment must be a significant contributing cause of the prescribed event; and (b) in the case of a psychiatric injury— (i) employment must be the significant contributing cause of the prescribed event; and (ii) the prescribed event must not arise wholly or predominantly from any action or decision designated under subsection (4), and then the injury is only compensable to the extent of and for the duration of the relevant aggravation, acceleration, exacerbation, deterioration or recurrence. (4) The following are designated for the purposes of subsection (2)(b)(ii) and (3)(b)(ii): (a) reasonable action taken in a reasonable manner by the employer to transfer, demote, discipline, counsel, retrench or dismiss the worker or a decision of the employer not to renew or extend a contract of service; (b) a decision of the employer, based on reasonable grounds, not to award or provide a promotion, transfer or benefit in connection with the worker's employment; (c) reasonable administrative action taken in a reasonable manner by the employer in connection with the worker's employment; (d) reasonable action taken in a reasonable manner under this Act affecting the worker. (5) For the purposes of this Act, a worker's employment includes— (a) attendance at the worker's place of employment on a working day but before the day's work begins in order to prepare, or be ready, for work; and (b) attendance at the worker's place of employment during an authorised break from work; and (c) attendance at the worker's place of employment but after work ends for the day while the worker is preparing to leave, or in the process of leaving, the place; and (d) attendance at an educational institution under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; and (e) attendance at a place to receive a medical service, to obtain a medical report or certificate (or to be examined for the purpose), to receive recovery/return to work services or for the purposes of a recovery/return to work plan, or to apply for, or receive, compensation for a work injury. (6) Any injury attributable to surgery or other treatment or service performed with due care and skill by a person professing to have particular skills and undertaken or provided while attending at a place referred to in subsection (5)(e) will be taken to constitute part of the original work injury. (7) An injury does not arise from employment if it arises out of or in the course of the worker's involvement in a social or sporting activity, except where the activity forms part of the worker's employment or is undertaken at the direction or request of the employer. (8) An injury that arises out of or in the course of a journey arises from employment if (and only if)— (a) the journey is undertaken in the course of carrying out duties of employment; or (b) the journey is between— (i) the worker's place of residence and place of employment; or (ii) the worker's place of residence or place of employment and— (A) an educational institution the worker attends under the terms of an apprenticeship or other legal obligation, or at the employer's request or with the employer's approval; or (B) a place the worker attends to receive a medical service, to obtain a medical report or certificate (or to be examined for that purpose), to receive recovery/return to work services or for the purposes of a recovery/return to work plan, or to apply for, or receive, compensation for a compensable injury, and there is a real and substantial connection between the employment and the journey being undertaken at the time of the accident out of which the injury arises. (9) However, the fact that a worker has an accident in the course of a journey to or from work does not in itself establish a sufficient connection between the accident and the employment for the purposes of subsection (8)(b). (10) The journey between places mentioned in subsection (8)(b) must be a journey by a reasonably direct route but may include an interruption or deviation if it is not, in the circumstances of the case, substantial, and does not materially increase the risk of injury to the worker. (11) If— (a) a worker's injury consists of the aggravation, acceleration, exacerbation, deterioration or recurrence of a pre-existing coronary heart disease; and (b) the injury arises in the course of employment, it will be presumed, in the absence of proof to the contrary, that the employment was a significant contributing cause of the injury. 8—Effect of misconduct etc (1) A worker who is acting in connection with, and for the purposes of, the employer's trade or business is presumed to be acting within his or her employment despite the fact that— (a) the worker is acting in contravention of a statutory or other regulation applicable to the employment; or (b) the worker is acting without, or in contravention of, instructions from the employer. (2) However, a worker will not be entitled to receive any services or benefits under this Act in relation to an injury if— (a) the worker is guilty of misconduct or acts in contravention of instructions from the employer during the course of an attendance under section 7(5); or (b) it is established on the balance of probabilities that the injury is wholly or predominantly attributable to— (i) serious and wilful misconduct on the part of the worker; or (ii) the influence of alcohol or a drug voluntarily consumed by the worker (other than a drug lawfully obtained and consumed in a reasonable quantity by the worker). (3) Subsection (2)(a) does not apply in a case of death or permanent total incapacity for work and subsection (2)(b) does not apply in the case of death or serious and permanent injury. 9—Evidentiary provision (1) Subject to this section, an injury is not compensable under this Act unless it is established on the balance of probabilities that it arises from employment. (2) Subsection (1) operates— (a) subject to the qualification that if a worker suffers an injury of a kind referred to in the first column of Schedule 2 and has been employed in work of a type referred to in the second column of Schedule 2 opposite the injury, the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from employment; and (b) subject to Schedule 3. (3) If a worker retires or is retired from employment on account of age or ill‑health and the worker makes a claim for noise induced hearing loss after the expiration of 2 years from the date of the retirement, subsection (2)(a) does not apply in relation to that claim. (4) A regulation made on the recommendation, or with the approval, of the Corporation or the Advisory Committee may— (a) extend the operation of subsection (2)(a) to injuries and types of work prescribed in the regulation; (b) extend the operation of Schedule 3 to an injury and corresponding qualifying period prescribed in the regulation.