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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 113 Compensation

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 113

Compensation

(1)     In this section—

"Compensation Act" means the " Workers' Compensation Act 1951".

overtime has the meaning given by the Compensation Act, subsection 6 (1).

(2)     While a young person is working under an attendance centre order or a community service order, the Compensation Act applies in relation to the young person as if—

        (a)     the young person were employed by the Territory under a contract of service; and

        (b)     paragraphs (b) and (c) of the definition of worker in subsection 6 (1) of the Compensation Act were omitted; and

        (c)     for subparagraph 1 (c) (i) of Schedule 1 to the Compensation Act there were substituted the following subparagraph:

    ‘(i)     of the amount mentioned in subparagraph (b) (i); or'; and

        (d)     subparagraphs 2 (b) (i) and (ii) of Schedule 1 to the Compensation Act were omitted.

(3)     Despite section 1A of Schedule 1 to the Compensation Act, in the application of that Act in accordance with subsection (2), the prescribed amount applicable to a young person in respect of a week, for paragraph 1 (b) of that Schedule—

        (a)     for a young person who, immediately before the day the liability of the Territory under the Compensation Act to pay compensation to or in respect of the young person arose—

              (i)     was carrying on a business on his or her own account; or

              (ii)     was unemployed and was not carrying on a business on his or her own account but who, at any time during the period of 12 months ending immediately before the day that liability arose, was employed or was carrying on a business on his or her own account;

is the amount calculated by dividing by 52 the amount that is equal to the income of the young person during the period of 12 months ending immediately before the day that liability arose; and

        (b)     for a young person who was unemployed immediately before the day the liability of the Territory under the Compensation Act to pay compensation to or in respect of the young person arose, not being a young person mentioned in paragraph (a)—is nil; and

        (c)     in any other case—is an amount equal to the income of the young person in respect of the period of 7 days ending immediately before the day the liability of the Territory under the Compensation Act to pay compensation to or in respect of the young person arose.

(4)     In paragraph (3) (c), "income" , for a young person, does not include—

        (a)     a payment in respect of overtime; or

        (b)     an allowance that is intermittent or is payable in respect of special expenses incurred or likely to be incurred by the young person; or

        (c)     if the young person had more than 1 occupation during the period of 7 days mentioned in that paragraph—income derived by the young person from an occupation other than his or her principal occupation.

(5)     If—

        (a)     the Territory would, but for this subsection, be liable under the Compensation Act to pay an amount of compensation to, or in respect of, a young person for a period (the compensatable period ), being the whole or a part of a period during which the young person is totally incapacitated for work; and

        (b)     a person who is an employer of the young person is liable, by reason of the young person's total incapacity for work, to make a payment to the young person by way of salary or wages for the compensatable period;

the Territory is not liable to pay that amount under the Compensation Act, but must pay to the employer so much of that amount as does not exceed the amount payable to the young person by the employer, and the balance (if any) of that amount must be taken to be compensation payable by the Territory under the Compensation Act to or in respect of the young person in relation to the compensatable period.

(6)     However, no amount is payable in respect of a young person

        (a)     if the young person was employed only in work of a casual nature; or

        (b)     for a young person who was unemployed—unless the young person was qualified to receive an unemployment benefit under the Social Security Act 1991 of the Commonwealth.