Victorian Current Acts Victorian Current Acts(1) For the purposes of this Act an injury shall be deemed to arise out of or in the course of his employment notwithstanding that the worker was at the time when the injury happened acting in contravention of any statutory or other regulation applicable to his employment, or that he was acting without instructions from his employer if such act was done by the worker for the purposes of and in connexion with his employer's trade or business.
S. 8(2) amended by No. 9613 s. 8(a).
(2) Without limiting the generality of the provisions of section five of this Act but subject to the provisions of subsection (1) of section six of this Act an injury to a worker shall be deemed to arise out of or in the course of the employment if the injury occurs—
(a) while the worker on any working day on which he has attended at his place of employment pursuant to his contract of employment—
(i) is present at his place of employment; or
(ii) having been so present, is temporarily absent therefrom on that day during any ordinary recess and does not during any such absence voluntarily subject himself to any abnormal risk of injury; or
(b) while the worker—
(i) is travelling between his place of residence and place of employment; or
(ii) is travelling between his place of residence or place of employment and any trade technical or other training school which he is required to attend by the terms of his employment or as an apprentice or which he is expected by his employer to attend, or is in attendance at any such school; or
S. 8(2)(b)(iii) amended by Nos 7292 s. 4, 23/1994 s. 118(Sch. 1 item 59.2).
(iii) is travelling between his place of residence or place of employment and any other place for the purpose of obtaining a medical certificate or receiving medical surgical or hospital advice attention or treatment or of receiving payment of compensation in connexion with any injury for which he is entitled to receive compensation or for the purpose of submitting himself for examination by a registered medical practitioner pursuant to any provision of this Act or any requirement made thereunder, or is in attendance at any place for any such purpose; or
S. 8(2)(b)(iv) substituted by No. 9613 s. 8(b).
(iv) is travelling between his place of residence and a place of pick-up; or
S. 8(2)(b)(v) inserted by No. 9613 s. 8(b).
(v) who has a contract of employment with more than one employer, is travelling on any working day on which he has attended at his place of employment pursuant to his contract of employment with one employer between that place and his place of employment pursuant to his contract of employment with another employer;
S. 8(2)(b) Proviso amended by Nos 8181 s. 2(1)(Sch. item 193), 10191 s. 270(14)(b), 67/1992 s. 64(11)(a).
Provided that any injury incurred while so travelling is not incurred during or after—
any substantial interruption of or substantial deviation from his journey made for a reason unconnected with his employment or unconnected with his attendance at the school or place (as the case may be) which interruption or deviation the County Court or Administrative Appeals Tribunal having regard to all the circumstances considers would ordinarily have materially added to the risk of injury; or
any other break in his journey which the County Court or Administrative Appeals Tribunal, having regard to all the circumstances, considers would ordinarily have materially added to the risk of injury.
S. 8(2A) inserted by No. 9297 s. 5(1).
(2A) Where—
(a) an employer is required under this Act in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car in Victoria while the worker was travelling on a journey referred to in paragraph (b) of subsection (2)) to pay an amount of compensation;
(b) the amount or any part of the amount so payable is not an amount in respect of which the employer is insured or indemnified under the terms of a policy of accident insurance or indemnity; and
(c) the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of the death or injury under the Motor Accidents Act 1973 —
the Motor Accidents Board shall, notwithstanding anything to the contrary in section 15 or section 59 or in any other provision of the Motor Accidents Act 1973 , be liable to make payment to the employer in accordance with subsection (2C).
S. 8(2B) inserted by No. 9297 s. 5(1).
(2B) Where—
(a) an insurer is required under a policy of accident insurance or indemnity to indemnify or insure an employer in respect of the amount or any part of the amount of the employer's liability to pay compensation under this Act in respect of the death or injury of a worker (being death or injury that was caused by or arose out of the use of a motor car in Victoria while the worker was travelling on a journey referred to in paragraph (b) of subsection (2)); and
(b) the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make payments in respect of the death or injury under the Motor Accidents Act 1973 —
the Motor Accidents Board shall, notwithstanding anything to the contrary in section 15 or section 59 or in any other provision of the Motor Accidents Act 1973 , be liable to make payments to the insurer in accordance with subsection (2D).
S. 8(2C) inserted by No. 9297 s. 5(1).
(2C) The amount of any payment to be made to the employer by the Motor Accidents Board shall be an amount equal to—
S. 8(2C)(a) amended by No. 10191 s. 270(4)(a).
(a) any amount of compensation payable under this Act (other than any amount recoverable from the Fund and any amount in respect of which the employer is insured or indemnified under the policy of accident insurance or indemnity); or
(b) the total amount of the payments which the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make under the Motor Accidents Act 1973 in respect of that death or injury—
whichever is the lesser.
S. 8(2D) inserted by No. 9297 s. 5(1).
(2D) The amount of any payment to be made to an insurer by the Motor Accidents Board shall be an amount equal to—
S. 8(2D)(a) amended by No. 10191 s. 270(4)(a).
(a) any amount of compensation payable under this Act (other than any amount recoverable from the Fund) in respect of which the insurer is required to insure or indemnify the employer under the policy of accident insurance or indemnity; or
(b) the total amount of the payments which the Motor Accidents Board would, if no compensation were payable under this Act in respect of the death or injury, have been liable to make under the Motor Accidents Act 1973 in respect of that death or injury less any amount payable to the employer pursuant to the provisions of subsection (2C)—
whichever is the lesser.
S. 8(2E) inserted by No. 9297 s. 5(1), amended by No. 10191 s. 270(4)(b).
(2E) The provisions of the Motor Accidents Act 1973 relating to application for and determination of payments in respect of the death or injury of a person shall apply to payments which the Motor Accidents Board is liable to make under subsection (2A) or (2B), as if the employer or insurer were the injured person or (in the case of the death of the injured person) a spouse or child of the deceased wholly, mainly or in part dependent upon the earnings of the deceased (as the case requires), and as if in section 22 of that Act the requirement that an application to the Board be made within six years after the date of the accident had been deleted.
S. 8(2F) inserted by No. 9297 s. 5(1).
(2F) Notwithstanding anything to the contrary in section 59 of the Motor Accidents Act 1973 , moneys standing to the credit of any account kept by the Motor Accidents Board under that Act may be applied for the purpose of making any payment which the Board is liable to make by virtue of the provisions of subsections (2A) and (2B).
S. 8(2G) inserted by No. 9297 s. 5(1), amended by No. 111/1986 s. 180(3) (Sch. 2 item 9).
(2G) In subsections (2A) to (2F), a reference to the Motor Accidents Board is a reference to the Motor Accidents Board established under the Motor Accidents Act 1973 and includes a reference to the Transport Accident Commission as the successor in law of that Board.
S. 8(2H) inserted by No. 9297 s. 5(1).
(2H) Subsections (2A) to (2G) inclusive do not apply in respect of the death or injury of a worker that occurs before the commencement of the Workers Compensation (Miscellaneous Provisions) Act 1979 .
(3) Any reference in the last preceding subsection to place of employment shall where there is no fixed place of employment be deemed to include a reference to the whole area scope or ambit of the employment.
Division 2—Compensation generally and for specified injuries
Nos 5601 s. 9, 5676 ss 4(2)(d), 6(1)(2), 7, 8, 5715 s. 2(a)(b).