Check a New South Wales recess injury against section 11
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the attendance, the break and the activity, using a firm-controlled tool, table section 11's three conditions. Do not decide abnormal risk, and do not apply the guide to an exempt worker.
- What the lawyer must review
- Decide whether section 11 applies.
- The worker must have attended that day and been temporarily absent from the place.
- The absence must be an ordinary recess or authorised, with no voluntary abnormal risk, and the injury during it.
- Do not treat the guide's balcony example as an appellate rule.
- Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales, Workers Compensation Act 1987, section 11
Produce. A section 11 note for a non-exempt worker.
Have ready. Attendance at work that day; The type of break; Where and how the injury happened; Whether the worker is exempt.
Example of the limit. Illustrative example: A worker is injured in a foot race on a narrow balcony during a coffee break at the workplace. The note records the guide's two points, place of employment and abnormal risk, as the guide's account. The lawyer decides whether section 11 is open.
Stop and hand it back when
- The worker is exempt.
- It is not known whether the worker attended work that day.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the attendance, the break and the activity, using a firm-controlled tool, table section 11's three conditions. Do not decide abnormal risk, and do not apply the guide to an exempt worker. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record attendance that day and the contract or training contract.
- Say whether the absence was an ordinary recess or authorised, and whether the injury was during the absence or at the place of employment.
- Describe the activity and leave abnormal risk to the lawyer.
- Stop if the worker is exempt. The exempt recess page was not opened.
Sources
- AustLII: Workers Compensation Act 1987, section 11 · 2026-10-23
- SIRA claims guide: journey and recess claims · 2026-10-23
If this is lodged with the Personal Injury Commission, Procedural Direction PIC13 keeps health records in a controlled environment and forbids a generative tool from writing a person's evidence.
The section was read on an AustLII consolidation. Confirm the in-force wording on the official legislation site before reliance.
The balcony example is the guide's report of an arbitrator's reasons.