10Journey claims

#### 10 Journey claims 10 Journey claims (cf former s 7 (1) (b)–(d), (f), (g)) > > (1) A personal injury received by a worker on any journey to which this section applies is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly. > > > (1A) Subsection (1) does not apply if the personal injury is attributable to the serious and wilful misconduct of the worker. > > > (1B) A personal injury received by a worker is to be taken to be attributable to the serious and wilful misconduct of the worker if the worker was at the time under the influence of alcohol or other drug (within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)), unless the alcohol or other drug did not contribute in any way to the injury or was not consumed or taken voluntarily. > > > (1C) (Repealed) > > > (1D) Subsection (1) does not apply if the personal injury resulted from the medical or other condition of the worker and the journey did not cause or contribute to the injury. > > > (2) Subsection (1) does not apply if— > > > > > (a) the injury was received during or after any interruption of, or deviation from, any such journey, and > > > > > (b) the interruption or deviation was made for a reason unconnected with the worker’s employment or the purpose of the journey, > > > > unless, in the circumstances of the case, the risk of injury was not materially increased because of the interruption or deviation. > > > (3) The journeys to which this section applies are as follows— > > > > > (a) the daily or other periodic journeys between the worker’s place of abode and place of employment, > > > > > (b) the daily or other periodic journeys between the worker’s place of abode, or place of employment, and any educational institution which the worker is required by the terms of the worker’s employment, or is expected by the worker’s employer, to attend, > > > > > (c) a journey between the worker’s place of abode or place of employment and any other place, where the journey is made for the purpose of obtaining a medical certificate or receiving medical, surgical or hospital advice, attention or treatment or of receiving payment of compensation in connection with any injury for which the worker is entitled to receive compensation, > > > > > (d) a journey between the worker’s place of abode or place of employment and any other place, where the journey is made for the purpose of having, undergoing or obtaining any consultation, examination or prescription referred to in section 74 (3), > > > > > (e) a journey between any camp or place— > > > > > > > (i) where the worker is required by the terms of the worker’s employment, or is expected by the worker’s employer, to reside temporarily, or > > > > > > > (ii) where it is reasonably necessary or convenient that the worker reside temporarily for any purpose of the worker’s employment, > > > > > > and the worker’s place of abode when not so residing, > > > > > (f) a journey between the worker’s place of abode and the place of pick-up referred to in clause 14 of Schedule 1 to the 1998 Act, > > > > > (g) a journey between the worker’s place of abode and place of employment, where the journey is made for the purpose of receiving payment of any wages or other money— > > > > > > > (i) due to the worker under the terms of his or her employment, and > > > > > > > (ii) which, pursuant to the terms of his or her employment or any agreement or arrangement between the worker and his or her employer, are available or are reasonably expected by the worker to be available for collection by the worker at the place of employment. > > > (3A) A journey referred to in subsection (3) to or from the worker’s place of abode is a journey to which this section applies only if there is a real and substantial connection between the employment and the accident or incident out of which the personal injury arose. > > > (4) For the purposes of this section, a journey from a worker’s place of abode commences at, and a journey to a worker’s place of abode ends at, the boundary of the land on which the place of abode is situated. > > > (5) For the purposes of this section, if the worker is journeying from the worker’s place of employment with one employer to the worker’s place of employment with another employer, the worker shall be deemed to be journeying from his or her place of abode to his or her place of employment with that other employer. > > > (5A) Nothing in this section prevents the payment of compensation for any personal injury which, apart from this section, is an injury within the meaning of this Act. > > > (6) In this section— > > > > educational institution means— > > > > > (a) a trade, technical or other training school, or > > > > > (b) a university or other college or school providing secondary or tertiary education. > > > > night, in the case of a worker employed on shift work, night work or overtime, has a meaning appropriate to the circumstances of the worker’s employment. > > > > place of abode includes— > > > > > (a) the place where the worker has spent the night preceding a journey and from which the worker is journeying, and > > > > > (b) the place to which the worker is journeying with the intention of there spending the night following a journey. > > **s 10:** Am 1989 No 214, Sch 1 (1); 1996 No 120, Sch 1.3 \[1\]–\[4\]; 1998 No 85, Sch 1 \[6\]; 1999 No 19, Sch 2.50; 2012 No 53, Sch 5; 2013 No 19, Sch 3.