New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 67A

67A Special provisions for HIV/AIDS

(1) For the purposes of the determination of the amount of pain and suffering compensation payable, HIV infection and AIDS are each considered to be a most extreme case, so that the maximum amount of pain and suffering compensation is payable.

(1A) For the purposes of the determination of the amount of permanent impairment compensation payable, HIV infection and AIDS are each considered to result in a degree of permanent impairment of 100%.

(2) Section 68 does not apply to a loss that is HIV infection or AIDS.

(3) The regulations may make provision for methods for determining for the purposes of this Act whether a person is HIV infected or is suffering from AIDS. Regulations need not be made under this subsection and in the absence of regulations the determination of whether a person is HIV infected or suffering from AIDS is to be on the basis of medical opinion.

(4) Permanent impairment compensation and pain and suffering compensation are not payable in respect of permanent impairment that is HIV infection or AIDS if the impairment resulted from voluntary sexual activity or illicit drug use. This subsection does not limit the operation of section 14 (Conduct of worker etc).

(5) In this section "HIV infection" means infection by the Human Immunodeficiency Virus, and "AIDS" means Acquired Immune Deficiency Syndrome.