Northern Territory Consolidated Acts

WORK HEALTH ACT - SECT 78

(1) Subject to this section, in addition to any other compensation under this Part, an employer shall pay the costs incurred for such home modifications, vehicle modifications and household and attendant care services as are reasonable and necessary for the purpose of this Division for a worker who suffers or is likely to suffer a permanent or long-term incapacity.

(2) Without limiting the matters which may be taken into account in determining what are reasonable and necessary home modifications, vehicle modifications and household and attendant care services in a particular case, there shall be taken into account -

(a) in relation to home modifications -

(i) the cost, and the relevant benefit to the worker, of the proposed modifications;

(ii) the difficulties faced by him or her in -

(A) gaining access to;

(B) enjoying reasonable freedom of movement in; or

(C) living independently in,

his or her home without the proposed modifications;

(iii) the likely duration of his or her residence in the home;

(iv) where the home is not owned by the worker, the permission of the owner;

(v) the likely cost of reasonable alternative living arrangements; and

(vi) the likely psychological effect on the worker of not having the proposed modifications made;

(b) in relation to vehicle modifications -

(i) the cost and relevant benefit to the worker of the proposed modifications;

(ii) the difficulty faced by him or her in -

(A) driving or operating;

(B) gaining access to; or

(C) enjoying freedom and safety of movement in,

the vehicle without the proposed modifications;

(iii) alternative means of transport available to him or her; and

(iv) the effect of the modifications on his or her likelihood of obtaining and retaining gainful employment;

(c) in relation to household services -

(i) the extent to which household services were provided by the worker before the relevant injury and the extent to which he or she is able to provide those services after that date;

(ii) the number of household family members, their ages and their need for household services;

(iii) the extent to which household services were provided by other household family members before the relevant injury;

(iv) the extent to which other household family members or other family members might reasonably be expected to provide household services for themselves and for him or her after the relevant injury; and

(v) the need to avoid substantial disruption to the employment or other activities of the household family members; and

(d) in relation to attendant care services -

(i) the nature and extent of the worker's injury and the degree to which that injury impairs his or her ability to provide for his or her personal care;

(ii) the extent to which such medical services and nursing care as may be received by him or her provide for his or her essential and regular personal care;

(iii) where he or she so desires, the extent to which it is reasonable to meet his or her desire to live outside an institutional environment;

(iv) the extent to which attendant care services are necessary to enable him or her to undertake or continue employment;

(v) any assessment made, at the request of the insurer, by persons having expertise in the worker's rehabilitation;

(vi) any standard developed or applied by a government department or public authority in respect of the need of disabled persons for attendant care services; and

(vii) the extent to which a relative of the worker might reasonably be expected to provide attendant care services to him or her.

(3) An employer shall not be liable to pay the costs incurred for home modifications except where the worker for whose benefit the modifications are or are to be carried out is severely impaired in his or her mobility or ability to live independently within the home.

(4) In this section "attendant care services", in relation to an injured worker, means services (other than medical and surgical services or nursing care) which are required to provide for his or her essential and regular personal care.