Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Compensation under this Act is payable only if this State is the State of connection.
(2) The fact that a worker is outside this State when injured does not prevent compensation being payable under this Act.
(3) A worker’s employment is connected with –
(a) the State where the worker usually works in the employment; or
(b) if no State, or no single State, is identified by paragraph (a), the State where the worker is usually based for the purposes of the employment; or
(c) if no State, or no single State, is identified by paragraph (a) or (b), the State where the employer’s principal place of business in Australia is located.
(4) For a worker working on a ship, if no State, or no single State, is identified by subsection (3), the worker’s employment is, while working on the ship, connected with –
(a) the State where the ship is registered; or
(b) if the ship is registered in more than one State, the State where the ship most recently became registered.
(5) If no State is identified for a worker by subsection (3) or (4), the worker’s employment is connected with this State if –
(a) the worker is in this State when injured; and
(b) the worker is not entitled to compensation in relation to the injury under the workers compensation law of an external Territory, or a place outside Australia.
(6) In deciding whether a worker usually works in a State –
(a) regard must be had to the following:
(i) the worker’s work history with the employer over the preceding 12 months;
(ii) the worker’s proposed future working arrangements;
(iii) the intentions of the worker and employer;
(iv) any period during which the worker worked in a State or was in a State for the purposes of employment, whether or not the worker is regarded as working or employed in that State under its workers compensation law; 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) Compensation under this Act is not payable in relation to 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.
(8) The application of this Act in respect of a seaman is subject to the following modifications:
(a) the notice of injury and the claim for compensation may, except where the seaman injured is the master, be served on the master of a ship as if he or she were the employer;
(b) in the case of the death of the seaman, the claim for compensation for the purposes of section 32(1)(b) is to be made within 6 months after news of his or her death has been received by the claimant;
(c) in the case of a ship lost with all hands, the claim for compensation for the purposes of section 32(1)(b) is to be made within 18 months after the date on which the ship is deemed to have been lost with all hands.
(9) In this section –
"seaman" means a worker who is employed in any capacity on board a ship by the owner or charterer of the ship;
"ship" means any kind of vessel used in navigation by water, however propelled or moved, and includes all of the following if used wholly or primarily in navigation by water:(a) a barge, lighter or other floating vessel;
(b) an air-cushioned vehicle, or other similar craft;
"State", in a geographical sense, includes a State’s relevant adjacent area as described in Schedule 11.