Workers Compensation (Cross-border Workers) Amendment Act 2014 (ACT)

Workers Compensation (Cross-border Workers) Amendment Act 2014

A2014-46

An Act to amend the Workers Compensation Act 1951

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Workers Compensation (Cross-border Workers) Amendment Act 2014.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Workers Compensation Act 1951.

4. Employment connection test
   Section 36B (6), new examples

   insert

   Example—worker usually works in a single jurisdiction

   Emma is employed as an electrical trades assistant with a NSW-based employer.  Emma performs all of her employment duties on worksites in the ACT, taking her own vehicle to work and providing her own tools and equipment. Emma does not attend her employer’s premises in NSW in the course of her day-to-day duties and receives all of her instructions from the relevant project manager on sites in the ACT. 

   For s (3) (a), Emma usually performs work for her employer in the ACT and her Territory or State of connection is the ACT.

   Example—worker usually works in more than one jurisdiction

   An employer carries on business as an interstate bus operator from premises in the ACT.  Ray is engaged by the employer as a bus driver, mainly driving buses between Canberra and Sydney, NSW, but also driving buses between Canberra and Melbourne, VIC.  Occasionally Ray drives charter buses entirely within the ACT for the employer. 

   For s (3) (a), Ray usually works in the ACT, NSW and VIC.  As s (3) (a) does not decide Ray’s Territory or State of connection, s (3) (b) needs to be considered.

   Note An example is part of the Act is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

5. New section 36B (6A) and (6B)

   insert

   (6A)In deciding whether a worker is usually based in a Territory or State regard must be had to the following:

   (a)if the employer provides a place from which the worker is expected to operate—that place;

   (b)if a place is stated in the worker’s contract of employment with the employer—that place;

   (c)the place from which the worker routinely receives day-to-day instructions from the employer;

   (d)the place where the worker attends to collect material for the purposes of their employment;

   (e)the place where the worker reports for administrative, human resource and other issues related to the workers’ employment with the employer.

   Example—worker usually based in a single jurisdiction

   Jenny is a sales representative for XYZ.  Each morning Jenny is required to attend a warehouse in NSW to collect her employer’s products, which she is then required to distribute to various retail outlets in NSW and the ACT.  Jenny uses a vehicle supplied by her employer, which she garages at her home in NSW.  At the end of each day Jenny is required to…