South Australian Consolidated Acts South Australian Consolidated Acts30—Compensability of disabilities
(1) Subject to this
Act, a disability is compensable if it arises from employment.
(2) Subject to this
section, a disability arises from employment if—
(a) in
the case of a disability that is not a secondary disability or a
disease—it arises out of or in the course of employment; or
(b) in
the case of a disability that is a secondary disability or a disease—
(i)
the disability arises out of employment; or
(ii)
the disability arises in the course of employment and the
employment contributed to the disability.
(3) 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 participate in a
rehabilitation program or for the purposes of a rehabilitation and return to
work plan, or to apply for, or receive, compensation for a
compensable disability.
(4) However, a
disability 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.
(5) A disability that
arises out of, or in the course of, a journey arises from employment only
if—
(a) the
journey is undertaken in the course of carrying out duties of employment; or
(b) the
journey is between—
(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 participate in a rehabilitation program, or to apply
for, or receive, compensation for a compensable disability,
and there is a real and substantial connection between the employment and the
accident out of which the disability arises.
(6) 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 (5)(b).
(7) The journey
between places mentioned in subsection (5)(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.