New South Wales Consolidated Acts

WORKERS COMPENSATION (BUSH FIRE, EMERGENCY AND RESCUE SERVICES) ACT 1987 - SECT 28A

28A Compensation for damage to personal effects, vehicles and other things

(1) Compensation is payable under this Part in respect of:

(a) the destruction of, damage to or loss of any personal effects on an emergency service worker or rescue association worker while carrying out an authorised activity or in the course of a relevant journey by the worker in relation to an authorised activity, and

(b) the destruction of, damage to or loss of any vehicle, equipment or thing used in connection with the carrying out of an authorised activity at or near the scene of the carrying out of the authorised activity and owned by or in the possession or custody of an emergency service worker or rescue association worker, and

(c) the destruction of, damage to or loss of any vehicle used for the conveyance of an emergency service worker or rescue association worker on a relevant journey in relation to an authorised activity and owned by or in the possession or custody of the worker.

(2) The amount of the compensation payable under this section is such amount as the Authority may, having regard to all the circumstances of the case, consider reasonable to indemnify the owner for the destruction, damage or loss.

(3) The amount payable to a person under this section in respect of all destruction of and damage to and loss of personal effects on the person sustained on any one occasion is not to exceed the amount applicable under section 77 of the Principal Act in respect of damage referred to in that section reduced by any amount payable to the person under section 28 in respect of that occasion.

(4) Compensation is not payable under this section in respect of any loss:

(a) occasioned by theft, unless the applicant has taken such action with a view to recovering the property stolen as the Authority thinks reasonable, or

(b) resulting from reasonable wear and tear.

(5) Compensation is not payable under this section if the owner is entitled to adequate reimbursement under any policy of insurance or from any other source.

(6) In this section "personal effects" does not include personal effects referred to in section 28.