46Out of or in the course of employment

46 Out of or in the course of employment

S. 46(1) amended by No. 8/2024 s. 7.

(1) An injury to a worker is deemed to arise out of or in the course of employment for the purposes of section 39(1), (1A) and (2) if the injury occurs—

(a) while the worker on any working day that the worker attended at the place of employment having been present at the place of employment is temporarily absent on that day during any authorised recess and does not during that absence voluntarily subject himself or herself to any abnormal risk of injury; or

(b) while the worker is, having regard to the nature of the worker's employment or any specific task which may require the worker to travel, travelling for the purposes of the worker's employment; or

(c) while the worker is in attendance at any school for the purposes of any trade, technical or other training which the worker is required to attend by the terms of his or her employment or as an apprentice or which the worker is expected to attend by the employer; or

(d) while the worker is in attendance at any place for the purpose of obtaining a medical certificate, receiving medical, surgical or hospital advice, attention or treatment, receiving a personal and household service or an occupational rehabilitation service or receiving a payment of compensation in connection with any injury for which the worker is entitled to receive compensation or for the purpose of submitting to a medical examination required by or under this Act.

(2) For the purposes of this section—

(a) place of employment, if there is no fixed place of employment, includes the whole area, scope or ambit of employment;

(b) travelling for the purposes of a worker's employment does not include travelling to and from the worker's place of employment or the places referred to in subsections (1)(c) and (1)(d);

(c) an injury incurred while travelling for the purposes of a worker's employment is deemed not to have arisen out of or in the course of any employment if the injury occurred during or after any substantial interruption of or substantial deviation from the worker's journey made for a reason unconnected with his or her employment;

(d) an injury is deemed to arise out of or in the course of employment even though at the time that the injury happened the worker was—

(i) acting in contravention of any regulation (whether by or under an Act or otherwise) applicable to the work; or

(ii) acting without instructions from the employer—

if the act was done by the worker for the purposes of and in connection with the employer's trade or business.