Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 36

36 Injury that happens during particular journeys

(1) This section applies if a worker sustains an injury in an event that happens during a journey mentioned in section 35 .

(2) The injury to the worker is not taken to arise out of, or in the course of, the worker’s employment if the event happens—

(a) while the worker is in control of a vehicle and contravenes—

(i) the Transport Operations (Road Use Management) Act 1995 , section 79 , or a corresponding law, if the contravention is the major significant factor causing the event; or

(ii) the Criminal Code , section 328A or a corresponding law, if the contravention is the major significant factor causing the event; or

(b) during or after—

(i) a substantial delay before the worker starts the journey; or

(ii) a substantial interruption of, or deviation from, the journey.

(3) However, subsection (2) (b) does not apply if—

(a) the reason for the delay, interruption or deviation is connected with the workers’ employment; or

(b) the delay, interruption or deviation arises because of circumstances beyond the worker’s control.

(4) For subsection (2) (b) (i) , in deciding whether there has been a substantial delay before the worker starts the journey, regard must be had to the following matters—

(a) the reason for the delay;

(b) the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the delay.

(5) For subsection (2) (b) (ii) , in deciding whether there has been a substantial interruption of, or deviation from the journey, regard must be had to the following matters—

(a) the reason for the interruption or deviation;

(b) the actual or estimated period of time for the journey in relation to the actual or estimated period of time for the interruption or deviation;

(c) for a deviation—the distance travelled for the journey in relation to the distance travelled for the deviation.

(6) In subsection (2) (a) (i) and (ii) —

"corresponding law" means a law of another State that is substantially equivalent—

(a) for subsection (2) (a) (i) —to the law mentioned in that provision; or

(b) for subsection (2) (a) (ii) —to the law mentioned in that provision.