SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 29 Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 29

  (1)   Subject to subsection   (5), where, as a result of an injury (other than a catastrophic injury) to an employee, the employee obtains household services that he or she reasonably requires, Comcare is liable to pay compensation of such amount per week as Comcare considers reasonable in the circumstances, being not less than 50% of the amount per week paid or payable by the employee for those services nor more than $200.

  (2)   Without limiting the matters that Comcare may take into account in determining the household services that are reasonably required in a particular case, Comcare shall, in making such a determination, have regard to the following matters:

  (a)   the extent to which household services were provided by the employee before the date of the injury and the extent to which he or she is able to provide those services after that date;

  (b)   the number of persons living with the employee as members of his or her household, their ages and their need for household services;

  (c)   the extent to which household services were provided by the persons referred to in paragraph   (b) before the injury;

  (d)   the extent to which the persons referred to in paragraph   (b), or any other members of the employee's family, might reasonably be expected to provide household services for themselves and for the employee after the injury;

  (e)   the need to avoid substantial disruption to the employment or other activities of the persons referred to in paragraph   (b).

Note:   In relation to paragraph   (2)(d), see also subsection   4(2).

  (3)   Where, as a result of an injury (other than a catastrophic injury) to an employee, the employee obtains attendant care services that he or she reasonably requires, Comcare is liable to pay compensation of:

  (a)   $200 per week; or

  (b)   an amount per week equal to the amount per week paid or payable by the employee for those services;

whichever is less.

  (4)   Without limiting the matters that Comcare may take into account in determining the attendant care services that are reasonably required in a particular case, Comcare shall, in making such a determination, have regard to the following matters:

  (a)   the nature of the employee's injury and the degree to which that injury impairs his or her ability to provide for his or her personal care;

  (b)   the extent to which any medical service or nursing care received by the employee provides for his or her essential and regular personal care;

  (c)   the extent to which it is reasonable to meet any wish by the employee to live outside an institution;

  (d)   the extent to which attendant care services are necessary to enable the employee to undertake or continue employment;

  (e)   any assessment made in relation to the rehabilitation of the employee;

  (f)   the extent to which a relative of the employee might reasonably be expected to provide attendant care services.

Note:   In relation to paragraph   (4)(f), see also subsection   4(2).

  (5)   Comcare is not liable to pay compensation under subsection   (1) in respect of any week within the period of 28 days beginning on the date of the injury unless Comcare determines otherwise in a particular case on the ground of financial hardship or the need to provide for adequate supervision of dependent children.

  (6)   An amount of compensation payable by Comcare under subsection   (1) or (3) is payable:

  (a)   where the employee has paid for the household services or attendant care services, as the case may be--to the employee; or

  (b)   in any other case--to the person who provided those services.

  (7)   Where Comcare pays an amount to a person who provided household services or attendant care services to an employee, the payment of the amount is, to the extent of the payment, a discharge of the liability of the employee to pay for those services.