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Workers Compensation Act 1951
36Journey claims
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36 Journey claims
(1) A personal injury received by a worker on an employment-related
journey is, for this Act, an injury arising out of, or in the course of,
the worker’s employment.
Note Compensation may be payable for an injury arising out of, or in the course
of, employment under s 31 (General entitlements to compensation for
personal injury).
(2) The following are employment-related journeys for the worker:
(a) a journey between the worker’s home and workplace;
(b) a journey between the worker’s home and an educational
institution that the worker is attending for an
employment-related purpose;
Compensation for personal injury Part 4.2
(c) a journey between the worker’s home or workplace and another
place if the purpose of the journey is to obtain 1 or more of the
following in relation to a previous injury for which the worker
is entitled to compensation under this Act:
(i) a medical certificate;
(ii) medical advice, attention or treatment;
(iii) compensation.
(3) However, subsection (1) applies to an injury received during or after
a non employment-related interruption of, or deviation from, an
otherwise employment-related journey only if the risk of injury was
not materially increased because of the interruption or deviation.
(4) For this section—
(a) an employment-related journey to the worker’s home is taken to
end at the boundary of the premises where the worker’s home is
located; and
(b) an employment-related journey from the worker’s home is taken
to begin at the boundary of the premises where the worker’s
home is located.
home, for a worker, means the place where the worker usually lives.
workplace, for a worker, means the worker’s place of employment.
Part 4.2A Employment connection with
ACT or State