(b) any liability of the State or an official for an
injury for which compensation is payable under the Workers’ Compensation and
Rehabilitation Act 2003 incurred by the State or official in the State’s or
official’s capacity as an employer.
(6) For subsection (5) (b) , the
following is immaterial—
(a) whether compensation for the injury is actually
claimed under the Workers’ Compensation and Rehabilitation Act 2003 ;
(b)
whether the entitlement to seek damages for the injury is regulated under that
Act.
(7) In this section—
"compensation" see the Workers’ Compensation and Rehabilitation Act 2003 ,
section 9 .
"damages" includes any form of monetary compensation.
(c) for a State protected area for which an indigenous management
agreement has been entered into—the indigenous landholder with whom the
indigenous management agreement has been entered into for the land;
"proceeding" means a proceeding for damages based on a liability for
personal injury, damage to property or economic loss resulting from
personal injury or damage to property, and, for a fatal injury, includes a
proceeding for the deceased’s dependants or estate.
"State fixture" means a building, structure or other thing constructed or
installed by the State including, for example, the following—
(a) a
boardwalk, jetty, lookout or mooring;
(b) a stairway;
(c) a fence or other
barrier;
(d) a thing used for a recreational purpose.
Examples for paragraph
(d)—
• a flying fox ride or zipline ride
• a rope or swing over a
river or waterhole
• a ramp or jump on a mountain bike trail
• an anchor
point for rock climbing
"State management activity" means—
(a) programmed shooting or poisoning of
animals; or
(b) programmed burning or poisoning of vegetation.
"State protected area" means—
(a) a national park (scientific); or
(b) a
national park; or
(c) a national park (Aboriginal land); or
(d) a national
park (Torres Strait Islander land); or
(e) a national park (Cape York
Peninsula Aboriginal land); or