New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 60AA

60AA Compensation for domestic assistance

(1) If, as a result of an injury received by a worker, it is reasonably necessary that any domestic assistance is provided for an injured worker, the worker’s employer is liable to pay, in addition to any other compensation under this Act, the cost of that assistance if:

(a) a medical practitioner has certified, on the basis of a functional assessment of the worker, that it is reasonably necessary that the assistance be provided and that the necessity for the assistance to be provided arises as a direct result of the injury, and

(b) the assistance would not be provided for the worker but for the injury (because the worker provided the domestic assistance before the injury), and

(c) the injury to the worker has resulted in a degree of permanent impairment of the worker of at least 15% or the assistance is to be provided on a temporary basis as provided by subsection (2), and

(d) the assistance is provided in accordance with a care plan established by the insurer in accordance with the WorkCover Guidelines.

(2) Assistance is provided on a temporary basis if it is provided in accordance with each of the following requirements:

(a) it is provided for not more than 6 hours per week,

(b) it is provided during a period that is not longer than, or during periods that together are not longer than, 3 months,

(c) it is provided pursuant to the requirements of the relevant injury management plan.

(3) Compensation is not payable under this section for gratuitous domestic assistance unless the person who provides the assistance has lost income or forgone employment as a result of providing the assistance.

(4) Compensation payable under this section for gratuitous domestic assistance is payable as if the cost of that assistance were such sum as may be applicable under section 61 (2) in respect of the assistance concerned.

(5) The following requirements apply in respect of payments under this section:

(a) payments are to be made as the costs are incurred or, in the case of gratuitous domestic assistance, as the services are provided,

(b) payments are only to be made if those costs and the provision of the assistance is properly verified (and the WorkCover Guidelines may make provision for how the performance of those services is to be verified),

(c) payments for gratuitous domestic assistance are to be made to the provider of the assistance.

(6) In this section:
"gratuitous domestic assistance" means domestic assistance provided to an injured worker for which the injured worker has not paid and is not liable to pay.