WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58

58—Certain sporting injuries not to be compensable

        (1)         Notwithstanding any other provision of this Act, but subject to subsection (2)

, where—

            (a)         a worker is employed by an employer solely—

                  (i)         to participate as a contestant in a sporting or athletic activity (and to engage in training or preparation with a view to such participation); or

                  (ii)         to act as a referee or umpire in relation to a sporting or athletic contest (and to engage in training or preparation with a view to so acting); and

            (b)         remuneration is not payable under the contract of employment except in respect of such employment,

an injury arising out of or in the course of that employment is not compensable.

        (2)         This section does not apply to—

            (a)         a person authorised or permitted by a racing controlling authority within the meaning of the Authorised Betting Operations Act 2000

to ride or drive in a race within the meaning of that Act; or

            (b)         a boxer, wrestler or referee employed or engaged for a fee to take part in a boxing or wrestling match; or

            (c)         a person who derives an entire livelihood, or an annual income in excess of the prescribed amount, from employment of a kind referred to in subsection (1)(a)

.

        (3)         In this section—

"the prescribed amount" means—

            (a)         in relation to 1987—$27 200;

            (b)         in relation to a subsequent year—a sum (calculated to the nearest multiple of $100) that bears to $25 000 the same proportion as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1985.