RETURN TO WORK ACT 2014 - SECT 7
RETURN TO WORK ACT 2014 - SECT 7
7—Injury must arise from employment
(1) This Act applies
to an injury if (and only if) it arises from employment.
(2) Subject to this
section, an injury arises from employment if—
(a) in
the case of a physical injury—the injury arises out of or in the course
of employment and the employment was a significant contributing cause of the
injury; and
(b) in
the case of a psychiatric injury—
(i)
the psychiatric injury arises out of or in the course of
employment and the employment was the significant contributing cause of the
injury; and
(ii)
the injury did not arise wholly or predominantly from any
action or decision designated under subsection (4).
(3) In connection with
the application of subsection (2) to an injury that is, or results from,
the aggravation, acceleration, exacerbation, deterioration or recurrence of a
prior injury (a "prescribed event")—
(a) in
the case of an injury other than a psychiatric injury—employment must be
a significant contributing cause of the prescribed event; and
(b) in
the case of a psychiatric injury—
(i)
employment must be the significant contributing cause of
the prescribed event; and
(ii)
the prescribed event must not arise wholly or
predominantly from any action or decision designated under
subsection (4),
and then the injury is only compensable to the extent of and for the duration
of the relevant aggravation, acceleration, exacerbation, deterioration or
recurrence.
(4) The following are
designated for the purposes of subsection (2)(b)(ii) and (3)(b)(ii):
(a)
reasonable action taken in a reasonable manner by the employer to transfer,
demote, discipline, counsel, retrench or dismiss the worker or a decision of
the employer not to renew or extend a contract of service;
(b) a
decision of the employer, based on reasonable grounds, not to award or provide
a promotion, transfer or benefit in connection with the worker's employment;
(c)
reasonable administrative action taken in a reasonable manner by the employer
in connection with the worker's employment;
(d)
reasonable action taken in a reasonable manner under this Act affecting the
worker.
(5) For the purposes
of this Act, a worker's employment includes—
(a)
attendance at the worker's place of employment on a working day but before the
day's work begins in order to prepare, or be ready, for work; and
(b)
attendance at the worker's place of employment during an authorised break from
work; and
(c)
attendance at the worker's place of employment but after work ends for the day
while the worker is preparing to leave, or in the process of leaving, the
place; and
(d)
attendance at an educational institution under the terms of an apprenticeship
or other legal obligation, or at the employer's request or with the employer's
approval; and
(e)
attendance at a place to receive a medical service, to obtain a medical report
or certificate (or to be examined for the purpose), to receive recovery/return
to work services or for the purposes of a recovery/return to work plan, or to
apply for, or receive, compensation for a work injury.
(6) Any injury
attributable to surgery or other treatment or service performed with due care
and skill by a person professing to have particular skills and undertaken or
provided while attending at a place referred to in subsection (5)(e) will
be taken to constitute part of the original work injury.
(7) An injury does not
arise from employment if it arises out of or in the course of the worker's
involvement in a social or sporting activity, except where the activity forms
part of the worker's employment or is undertaken at the direction or request
of the employer.
(8) An injury that
arises out of or in the course of a journey arises from employment if (and
only if)—
(a) the
journey is undertaken in the course of carrying out duties of employment; or
(i)
the worker's place of residence and place of employment;
or
(ii)
the worker's place of residence or place of employment
and—
(A) an educational institution the worker
attends under the terms of an apprenticeship or other legal obligation, or at
the employer's request or with the employer's approval; or
(B) a place the worker attends to receive a
medical service, to obtain a medical report or certificate (or to be examined
for that purpose), to receive recovery/return to work services or for the
purposes of a recovery/return to work plan, or to apply for, or receive,
compensation for a compensable injury,
and there is a real and substantial connection between the employment and the
journey being undertaken at the time of the accident out of which the injury
arises.
(9) However, the fact
that a worker has an accident in the course of a journey to or from work does
not in itself establish a sufficient connection between the accident and the
employment for the purposes of subsection (8)(b).
(10) The journey
between places mentioned in subsection (8)(b) must be a journey by a
reasonably direct route but may include an interruption or deviation if it is
not, in the circumstances of the case, substantial, and does not materially
increase the risk of injury to the worker.
(11) If—
(a) a
worker's injury consists of the aggravation, acceleration, exacerbation,
deterioration or recurrence of a pre-existing coronary heart disease; and
(b) the
injury arises in the course of employment,
it will be presumed, in the absence of proof to the contrary, that the
employment was a significant contributing cause of the injury.