Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 5A

Definition of injury

             (1)  In this Act:

"injury " means:

                     (a)  a disease suffered by an employee; or

                     (b)  an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee's employment; or

                     (c)  an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee's employment), that is an aggravation that arose out of, or in the course of, that employment;

but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee's employment.

             (2)  For the purposes of subsection (1) and without limiting that subsection, reasonable administrative action is taken to include the following:

                     (a)  a reasonable appraisal of the employee's performance;

                     (b)  a reasonable counselling action (whether formal or informal) taken in respect of the employee's employment;

                     (c)  a reasonable suspension action in respect of the employee's employment;

                     (d)  a reasonable disciplinary action (whether formal or informal) taken in respect of the employee's employment;

                     (e)  anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d);

                      (f)  anything reasonable done in connection with the employee's failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.



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