An Act to amend the Workers Compensation Act 1987 and certain other Acts to make further provision in respect of cross-border liability for compensation, choice of law for common law damages, sporting injuries and compliance; and for other purposes.
This Act is the Workers Compensation Legislation Amendment Act 2002.
This Act commences on a day or days to be appointed by proclamation.
The Acts specified in Schedules 1–4 are amended as set out in those Schedules.
(Section 3)
Workers Compensation Act 1987 No 70Insert after section 9:
Compensation under this Act is only payable in respect of employment that is connected with this State.
The fact that a worker is outside this State when the injury happens does not prevent compensation being payable under this Act in respect of employment that is connected with this State.
A worker’s employment is connected with:
(a) the State in which the worker usually works in that employment, or
(b) if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment, or
(c) if no State or no one State is identified by paragraph (a) or (b), the State in which the employer’s principal place of business in Australia is located.
In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker’s employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than one State) the State in which the ship most recently became registered.
If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if:
(a) the worker is in this State when the injury happens, and
(b) there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.
In deciding whether a worker usually works in a State, regard must be had to the worker’s work history with the employer and the intention of the worker and employer. However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.
Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker’s employment.
In this section:
(a) a barge, lighter, or other floating vessel, and
(b) an air-cushion vehicle, or other similar craft,
used wholly or primarily in navigation by water.