Section 9A(3) of the Workers Compensation Act 1987 (NSW) does not render the fact that an injury arose out of or in the course of employment irrelevant to the substantial contributing factor inquiry; it merely makes that fact non-determinative. A trial judge is not required to address s 9A(2)(d) in every case — only where evidence before the court suggests the paragraph is material. Compliance with s 9A(2) is not breached by mere failure to recite the subsection, nor satisfied by mere invocation of it. Litigants who wish to rely on s 9A(2) issues on appeal should flag them in evidence and submissions at trial.
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