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Workers' Compensation and Rehabilitation Act 2003
sec.35Other circumstances
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### sec.35 Other circumstances
An injury to a worker is also taken to arise out of, or in the course of, the worker’s employment if the event happens while the worker—
is on a journey between the worker’s home and place of employment; or
is on a journey between the worker’s home or place of employment and a trade, technical or other training school—
that the worker is required under the terms of the worker’s employment to attend; or
that the employer expects the worker to attend; or
for an existing injury for which compensation is payable to the worker—is on a journey between the worker’s home or place of employment and a place—
to obtain medical or hospital advice, attention or treatment; or
to undertake rehabilitation; or
to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or
to receive payment of compensation; or
is on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or
is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c) .
For subsection (1) , employment need not be a contributing factor to the injury.
For subsection (1) , a journey from or to a worker’s home starts or ends at the boundary of the land on which the home is situated.
In this section—
home , of a worker, means the worker’s usual place of residence, and includes a place where the worker—
temporarily resided before starting a journey mentioned in this section; or
intended to temporarily reside after ending a journey mentioned in this section.
s 35 amd 2013 No. 52 s 61
(sec.35-ssec.1) An injury to a worker is also taken to arise out of, or in the course of, the worker’s employment if the event happens while the worker— is on a journey between the worker’s home and place of employment; or is on a journey between the worker’s home or place of employment and a trade, technical or other training school— that the worker is required under the terms of the worker’s employment to attend; or that the employer expects the worker to attend; or for an existing injury for which compensation is payable to the worker—is on a journey between the worker’s home or place of employment and a place— to obtain medical or hospital advice, attention or treatment; or to undertake rehabilitation; or to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or to receive payment of compensation; or is on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c) .
(sec.35-ssec.2) For subsection (1) , employment need not be a contributing factor to the injury.
(sec.35-ssec.3) For subsection (1) , a journey from or to a worker’s home starts or ends at the boundary of the land on which the home is situated.
(sec.35-ssec.4) In this section— home , of a worker, means the worker’s usual place of residence, and includes a place where the worker— temporarily resided before starting a journey mentioned in this section; or intended to temporarily reside after ending a journey mentioned in this section.
- (a) is on a journey between the worker’s home and place of employment; or
- (b) is on a journey between the worker’s home or place of employment and a trade, technical or other training school— (i) that the worker is required under the terms of the worker’s employment to attend; or (ii) that the employer expects the worker to attend; or
- (i) that the worker is required under the terms of the worker’s employment to attend; or
- (ii) that the employer expects the worker to attend; or
- (c) for an existing injury for which compensation is payable to the worker—is on a journey between the worker’s home or place of employment and a place— (i) to obtain medical or hospital advice, attention or treatment; or (ii) to undertake rehabilitation; or (iii) to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or (iv) to receive payment of compensation; or
- (i) to obtain medical or hospital advice, attention or treatment; or
- (ii) to undertake rehabilitation; or
- (iii) to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or
- (iv) to receive payment of compensation; or
- (d) is on a journey between the worker’s place of employment with 1 employer and the worker’s place of employment with another employer; or
- (e) is attending a school mentioned in paragraph (b) or a place mentioned in paragraph (c) .
- (i) that the worker is required under the terms of the worker’s employment to attend; or
- (ii) that the employer expects the worker to attend; or
- (i) to obtain medical or hospital advice, attention or treatment; or
- (ii) to undertake rehabilitation; or
- (iii) to submit to examination by a registered person under a provision of this Act or to a requirement under this Act; or
- (iv) to receive payment of compensation; or
- (a) temporarily resided before starting a journey mentioned in this section; or
- (b) intended to temporarily reside after ending a journey mentioned in this section.