ARTICLE · 25 NOVEMBER 2008

Limitations On Meaning Of ´Place Of Work´

DLA Piper Australia

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In Barnard and Australian Postal Corporation [2008] AATA 507, the Administrative Appeals Tribunal discussed the operation of section 6(1)(5) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) relating to the proper meaning of 'place of work'.

AustraliaEmployment and HR

Scott Moloney

In Barnard and Australian Postal Corporation [2008] AATA 507, the Administrative Appeals Tribunal discussed the operation of section 6(1)(5) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) relating to the proper meaning of 'place of work'.

On 8 August 2007, at approximately 1.10pm, having finished work for the day, Ms Barnard exited from the building in which she worked, walked across an area exterior to the building and then descended some steps leading down to the footpath. As she was descending the steps, she fell and sustained injuries for which she lodged a claim for rehabilitation and compensation under the SRC Act.

Australia Post made a determination denying liability for the claim. The basis of the decision was that Ms Barnard's claim for compensation was excluded by the application of section 6(1C) of the SRC Act, namely, that at the time the injury was sustained, she was travelling between her usual place of work and her residence. This

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