Northern Territory Consolidated Acts

WORK HEALTH ACT - SECT 53AA

(1) A worker's employment is connected with a particular jurisdiction if:

(a) the worker usually works in that employment in that jurisdiction; or

(b) if no jurisdiction or no one jurisdiction is identified by paragraph (a) - the worker is usually based in the jurisdiction for the purposes of that employment; or

(c) if no jurisdiction or no one jurisdiction is identified by paragraph (a) or (b) - the principal place of business in Australia of the worker's employer is located in the jurisdiction.

(2) If a worker is working on a ship and no jurisdiction or no one jurisdiction is identified by subsection (1), the worker's employment is connected with the jurisdiction in which the ship is registered or (if the ship is registered in more than one jurisdiction) the jurisdiction in which the ship most recently became registered.

(3) If no jurisdiction is identified by subsection (1) (or, if applicable, subsection (2)), the worker's employment is connected with the Territory if:

(a) the worker is in the Territory when the worker suffers an injury; and

(b) there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.

(4) In deciding whether a worker usually works in a particular jurisdiction, regard must be had to:

(a) the worker's work history with the employer over the preceding period of 12 months; and

(b) the intentions of the worker and employer;

but regard must not be had to any temporary arrangement under which the worker works in a particular jurisdiction for a period of not longer than 6 months.

(5) In deciding whether a worker is usually based in a particular jurisdiction, regard may be had to the following matters:

(a) the work location specified in a worker's contract of employment;

(b) the location the worker routinely attends during the term of employment to receive directions or collect materials or equipment in relation to the work;

(c) the location the worker reports to in relation to the work;

(d) the location from which the worker's wages are paid.

(6) In deciding the principal place of business in Australia of the worker's employer, regard may be had to the following matters:

(a) the address registered on the Australian Business Register in connection with the employer's Australian Business Number ("ABN");

(b) if the employer is not registered for an ABN, the State or Territory indicated on the ASIC National Names Index as the principal place of business for the employer;

(c) if the employer is not registered for an ABN and is not listed on the National Names Index, the State or Territory indicated by the employer's business mailing address.

(7) Subject to subsection (4) or (5), in deciding whether a worker usually works in a particular jurisdiction or is usually based in a particular jurisdiction for the purposes of employment, regard must be had to any period during which the worker works in a particular jurisdiction or is in a particular jurisdiction for the purposes of employment whether or not under the statutory workers' compensation scheme of that jurisdiction the person is regarded as a worker or as working or employed in that jurisdiction.

(8) For subsection (2):

(a) a ship is taken to be registered in the Territory in the following circumstances:

(i) the ship is required under the Marine Act to be surveyed;

(ii) the ship would, but for section 75 of the Marine Act , be required under that Act to be surveyed; and

(b) the registration of the ship is taken to be from:

(i) for a vessel surveyed under the Marine Act - the date of initial survey under that Act; or

(ii) for a vessel exempted under section 75(2)(e) of the Marine Act - 1 January 1989; or

(iii) for a vessel otherwise exempted under the Marine Act - the date of commencement of this section, or the date of the vessel's arrival (or launch) in the Territory, whichever is later.

(9) In this section:

"jurisdiction" means a State or a Territory of the Commonwealth and, in a geographical sense, includes the adjacent area of the State or Territory as set out in Schedule 1A.