Australian Capital Territory Consolidated Acts

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WORKERS COMPENSATION ACT 1951 - SECT 36B

Employment connection test

    (1)         Compensation under this Act is only payable if the ACT is the Territory or State of connection.

    (2)     The fact that a worker is outside the ACT when injured does not prevent compensation being payable under this Act if the ACT is the Territory or State of connection.

    (3)     A worker's employment is connected with—

        (a)     the Territory or State where the worker usually works in the employment; or

        (b)     if no Territory or State, or no single Territory or State, is identified by paragraph (a)—the Territory or State where the worker is usually based for the purposes of the employment; or

        (c)     if no Territory or State, or no single Territory or State, is identified by paragraph (a) or (b)—the Territory or State where the employer's principal place of business in Australia is located.

    (4)     For a worker working on a ship, if no Territory or State, or no single Territory or State, is identified by subsection (3), the worker's employment is, while working on the ship, connected with—

        (a)     the Territory or State where the ship is registered; or

        (b)     if the ship is registered in more than 1 Territory or State—the Territory or State where the ship most recently became registered.

    (5)     If no Territory or State is identified for a worker by subsection (3) or (4), the worker's employment is connected with the ACT if—

        (a)     the worker is in the ACT when injured; and

        (b)     the worker is not entitled to compensation in relation to the injury under the workers compensation law of an external Territory, or a place outside Australia.

    (6)     In deciding whether a worker usually works in a Territory or State

        (a)     regard must be had to the following:

              (i)     the worker's work history with the employer over the previous 12 months;

              (ii)     the worker's proposed future working arrangements;

              (iii)     the intentions of the worker and employer;

              (iv)     any period during which the worker worked in a Territory or State (a relevant place ) or was in a relevant place for the purposes of employment, whether or not the worker is regarded as working or employed in the relevant place under the workers compensation law of the relevant place; but

        (b)     regard must not be had to any temporary arrangement under which the worker works in a Territory or State for a period of not longer than 6 months.

    (7)         Compensation under this Act is not payable in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 (Cwlth) applies to the worker's employment.

    (8)     In this section:

"ship "means any kind of vessel used in navigation by water, however propelled or moved, and includes all of the following if used wholly or primarily in navigation by water:

        (a)     a barge, lighter or other floating vessel;

        (b)     an air-cushioned vehicle, or other similar craft.

"Territory or State", in a geographical sense, includes a Territory's or State's relevant adjacent area as described in schedule 2.



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