RETURN TO WORK ACT 2014 - SECT 10
RETURN TO WORK ACT 2014 - SECT 10
10—Territorial application of Act
(1) This Act applies
to a worker's employment if (and only if) that employment is connected with
this State.
(2) The fact that a
worker is outside this State when an injury occurs does not prevent an
entitlement to compensation arising under this Act in respect of employment
that is connected with this State.
(3) A worker's
employment is connected with—
(a)
the State in which the worker usually works in that employment; or
(b) if
no State or no one State is identified by paragraph (a), the State in
which the worker is usually based for the purposes of that employment; or
(c) if
no State or no one State is identified by paragraph (a) or (b), the State
in which the employer's principal place of business in Australia is located.
(4) In the case of a
worker working on a ship, if no State or no one State is identified by
subsection (3), a worker's employment is, while working on a ship,
connected with the State in which the ship is registered or (if the ship is
registered in more than 1 State) the State in which the ship most recently
became registered.
(5) If no State is
identified by subsection (3) or (if applicable) (4), a worker's
employment is connected with this State if—
(a) a
worker is in this State when the injury occurs; and
(b)
there is no place outside Australia under the legislation of which the worker
may be entitled to compensation for the same matter.
(6) In deciding
whether a worker usually works in a State—
(a)
regard must be had to the worker's work history with the employer over the
preceding 12 months and the intentions of the worker and employer; but
(b)
regard must not be had to any temporary arrangement under which the worker
works in a State for a period of not longer than 6 months.
(7) Subject to
subsection (6), in determining whether a worker usually works in a State
or is usually based in a State for the purposes of employment, regard must be
had to any period during which a worker works in a State or is in a State for
the purposes of employment whether or not under the statutory workers
compensation scheme of that State the person is regarded as a worker or as
working or employed in that State.
(8) Compensation under
this Act does not apply in respect of the employment of a worker on a ship if
the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth
applies to the worker's employment.
(9) In this
section—
"ship" means any kind of vessel used in navigation by water, however propelled
or moved, and includes—
(a) a
barge, lighter, or other floating vessel; and
(b) an
air-cushion vehicle, or other similar craft,
used wholly or primarily in navigation by water;
"State" includes a Territory and, in a geographical sense, a State's or
Territory's relevant adjacent area as described in Schedule 4.