Choose 2 questions from the following list to answer. The word limit for each question is 1,000 words. Therefore, your assignment should be 2,000 words in total. Each question is worth 12.5 marks. You should use legislation, cases, and secondary sources to back up your answer where possible.

N.B. This is a maximum word count. Any words beyond the word limit will not be assessed. The word count does not include footnotes or bibliography, although students are advised that footnotes should be used for referencing purposes only (not for providing additional commentary). A bibliography which lists all cases, legislation, and secondary sources referred to is required.

QUESTIONS:

1. What is the significance of the distinction between an injury arising ‘out of’ employment and an injury arising ‘in the course of’ employment? Discuss the applicable legislative provisions alongside relevant case law.

2. What is the significance of s 9A of the Workers Compensation Act 1987 (NSW)? Discuss the applicable legislative provisions alongside relevant case law.

3. A worker who is injured whilst traveling to or from his or her place of work will rarely be entitled to workers’ compensation in New South Wales. Discuss by reference to the applicable legislative provisions and relevant case law.

4. What test will the court apply if a worker is injured during an interval or interlude within an overall period or episode of work? Discuss the applicable legislative provisions alongside relevant case law.

5. What is a ‘disease injury’? How is the law’s treatment of these injuries similar or dissimilar to its treatment of other injuries under the Workers Compensation Act 1987 (NSW)? Discuss the applicable legislative provisions alongside relevant case law.

6. ‘Workers’ compensation can be distinguished from the other two main sources of money for an injured worker…[E]ach an 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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