9Injury arising out of, or in the course of, employment

#### 9 Injury arising out of, or in the course of, employment (1) This section does not limit the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment. (2) An injury is also to be treated as having so arisen, for the purposes of this Act, if it happened: (a) as a result of an act of violence that would not have occurred apart from the employment, or the performance by the employee of the duties or functions of his or her employment; or (b) if the employee is a seafarer: (i) while the employee was on board the prescribed ship on which he or she was employed or engaged; or (ii) while the employee was temporarily absent from that ship during an ordinary recess in that employment and not at his or her place of residence; or (c) if the employee is a trainee—while the trainee was undergoing a required course of training, or was in any other place (other than his or her place of residence) during an ordinary recess in that course of training; or (d) if the employee is a person mentioned in paragraph (c) of the definition of employee in subsection 4(1)—while the employee was attending at a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship; or (e) while the employee: (i) was travelling between his or her place of residence and place of work; or (ii) was travelling between his or her place of residence and a place where he or she resides temporarily, as a matter of necessity or convenience for the purposes of his or her employment; or (iii) was travelling between his or her place of residence and a Seafarers Engagement Centre for the purpose of registering availability for employment or engagement on a prescribed ship; or (iv) was travelling between one of his or her places of work and another of his or her places of work; or (v) was travelling between his or her place of work or place of residence and a place where a required course of training was being conducted; or (vi) was travelling between his or her place of work or place of residence and any other place for the purpose of: (A) obtaining a medical certificate for the purposes of this Act; or (B) receiving medical treatment for an injury; or (C) undergoing a rehabilitation program provided under this Act; or (D) receiving a payment of compensation under this Act; or (E) undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or (F) receiving money due under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and his or her employer, was available, or reasonably expected by the employee to be available, for collection at that place; or (vii) was at a place for a purpose referred to in subparagraph (vi). (2A) For the purposes of this section: (a) a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; and (b) a journey to a place of residence is taken to end at that boundary. (2B) If an employee owns or occupies a parcel of land contiguous with the land on which the employee’s residence is situated, the boundary referred to in subsection (2A) is the external boundary of all of the contiguous parcels of land if treated as a single parcel. (3) Subparagraph (2)(e)(i), (ii), (iii), (iv), (v) or (vi) does not apply if 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. (4) Subsection (2) does not apply if an employee is injured: (a) while at a place referred to in that subsection; or (b) during an ordinary recess in his or her employment; because he or she voluntarily and unreasonably submitted to an abnormal risk of injury. (5) In this section: > required course of training means: (a) in relation to a company trainee—a training course that the trainee was required by the employer to undergo; or (b) in relation to an industry trainee—an approved industry training course.