Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 80

Entitlement to compensation only if employment connected with Victoria

80. Entitlement to compensation only if employment connected with Victoria



(1) There is no entitlement to compensation under this Act other than in
respect of employment that is connected with this State.

(2) The fact that a worker is outside this State when the injury happens 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 one 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 happens; 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, 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. However, 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 Territory and, in a
        geographical sense, a State's or Territory's relevant adjacent area as
        described in Schedule 3.