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.
Written for / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceFrom 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.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Record whether the worker had attended work that day and whether the break was ordinary or authorised.
  2. Describe the activity before calling the risk abnormal. The conclusion is the lawyer's.
  3. 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.
  4. Do not give the recess rule a Queensland section number. None was opened.

Sources

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.

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