Des Londy crosses the Pacific Highway as she returns to Chatswood Intensive English Centre with her lunch.

Not on a break from compensation obligations

By Rod Brown

There are circumstances where workers compensation will be paid where the worker was temporarily away from work at the time of the injury.

Section 11 of the Workers Compensation Act 1987 provides that a worker who is injured while temporarily away from her/his place on work on a given day would be covered for the injury as though the injury arose out of or in the course of employment. The Act refers to such claims as "Recess claims".

The Act states that if a worker "is temporarily absent from that place on that day during any ordinary recess or authorised absence" then compensation is payable.

An "ordinary recess" is defined as a meal interval or other break within the span of daily working hours, most typically a morning tea or lunch break. An "authorised absence" is an abnormal break which has been permitted by the employer. An "authorised absence" has much the same characteristics as an "ordinary recess" particularly as to its brief duration. For example, approval to take leave does not cover "authorised absence" for the purposes of this provision of the Workers Compensation Act.

Schools and colleges have any range of understood and sensible arrangements that are acceptable to everyone where teachers, who are not otherwise engaged in direct face-to-face duties are able to duck down to, for example the post office or bank at lunchtime or during a free period or release time. Should a teacher be injured while away from the workplace in such circumstances and there has been compliance under the Act then the injury will be covered by the provisions of the Workers Compensation Act.

Rod Brown is a Welfare Officer.

For further information

November 2007 contents