COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 6 Injury arising out of or in the course of employment

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 No. 75 of 1988 - SECT 6

6. (1) Without limiting 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, an injury shall, for the purposes of this Act, be treated as
having so arisen if it was sustained:

   (a)  as a result of an act of violence that would not have occurred but for
        the employee's employment or the performance by the employee of the
        duties or functions of his or her employment; or

   (b)  while the employee:

        (i)    was at his or her place of work, for the purposes of that
               employment, or was temporarily absent from that place during an
               ordinary recess in that employment;

        (ii)   was travelling between his or her place of residence and
               place of work, other than during an ordinary recess in that
               employment;

        (iii)  was travelling between the place where he or she normally
               resides and another place, being a place where he or she
               resides temporarily, as a matter of necessity or convenience,
               for the purposes of his or her employment;

        (iv)   was travelling between one of his or her places of work and
               another of his or her places of work;

        (v)    was travelling between his or her place of work or place of
               residence and a place of education for the purpose of attending
               that place in accordance with:

                (A)  a condition of his or her employment by the Commonwealth;
                     or

                (B)  a request or direction of the Commonwealth;
or for the purpose of attending that place with the approval of the
Commonwealth, unless he or she was so travelling while on leave without pay;

        (vi)   was at a place of education, except while on leave without pay,
               for a purpose referred to in subparagraph (v);

        (vii)  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;

                (B)  receiving medical treatment for an injury;

                (C)  undergoing a rehabilitation program provided under this
                     Act;

                (D)  receiving a payment of compensation under this Act;

                (E)  undergoing a medical examination or rehabilitation
                     assessment in accordance with a requirement made under
                     this Act; or

                (F)  receiving money due to the employee 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 the Commonwealth, is available,
                     or reasonably expected by the employee to be available,
                     for collection at that place; or

        (viii) was at a place for a purpose referred to in subparagraph (vii).

(2) Subparagraph (1) (b) (ii), (iii), (iv), (v) or (vii) does not apply where
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.

(3) Subsection (1) does not apply where an employee sustains an injury while
at a place referred to in that subsection if the employee sustained the injury
because he or she voluntarily and unreasonably submitted to an abnormal risk
of injury.