17 Jul WHAT IS THE DIFFERENCE BETWEEN ARISING ‘OUT OF’ EMPLOYMENT AND ARISING ‘IN THE COURSE OF’ EMPLOYMENT?
QUESTIONS:
1. In what circumstances will a worker injured whilst travelling to or from their place of work be entitled to workers’ compensation in New South Wales? Discuss the applicable legislative provisions alongside relevant case law.
2. What impact has the introduction of s 9A into the Workers Compensation Act 1987 (NSW) had? Discuss the applicable legislative provisions alongside relevant case law.
3. What is the difference between arising ‘out of’ employment and arising ‘in the course of’ employment? Is this distinction relevant? Discuss the applicable legislative provisions alongside relevant case law.
4. In what circumstances will a worker injured while engaging in a private activity on an overnight work-related trip be entitled to workers’ compensation in New South Wales? Discuss the applicable legislative provisions alongside relevant case law.
5. ‘Workers’ compensation can be distinguished from the other two main sources of money for an injured worker…[E]ach option has its benefits and disadvantages.’ (Neil Foster, Workplace Health and Safety Law in Australia, LexisNexis Butterworths, 2016, pp. 503–504). What are the benefits and disadvantages of each of the three main sources of money for an injured worker?
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