Check whether an injury during an authorised break is covered
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From where the worker was, whether the break was authorised, and what they were doing, using a firm-controlled tool, table the recess test the opened pages state. Do not decide that the break is covered.
- What the lawyer must review
- Decide whether the injury falls inside that state's recess rule.
- Check whether the worker had attended work that day and whether the risk was abnormal.
- Do not use one state's section number for another state's break.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From where the worker was, whether the break was authorised, and what they were doing, using a firm-controlled tool, table the recess test the opened pages state. Do not decide that the break is covered. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record whether the worker had attended work that day and whether the break was ordinary or authorised.
- Describe the activity before calling the risk abnormal. The conclusion is the lawyer's.
- In New South Wales, separate an injury at the place of employment from an injury during an absence. The guide treats that distinction as part of the recess section.
- Do not give the recess rule a Queensland section number. None was opened.
Sources
- WorkSafe Victoria claims manual: define an injury · 2026-10-23
- WorkCover Queensland: injuries away from the usual workplace · 2026-10-23
- WorkSafe Queensland: injury travelling to, from or for work · 2026-10-23
- AustLII: Workers Compensation Act 1987, section 11 · 2026-10-23
- SIRA claims guide: journey and recess claims · 2026-10-23
The New South Wales guide's balcony example is an arbitrator's conclusion as the guide reports it.
No exempt-worker recess page was opened.
If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.