CORRECTIONS ACT 1986 - SECT 104ZR Compensation for personal injuries

CORRECTIONS ACT 1986 - SECT 104ZR

S. 104ZR(1) amended by No. 67/2013 s. 649(Sch. 9 item 6(2)).

    (1)     Compensation for personal injury (including death) is to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires, to those persons to whom, or for whose benefit, compensation would be payable under that Act if—

        (a)     the injured person were a worker employed by the Crown; and

        (b)     the personal injury had arisen out of or in the course of the employment—

within the meaning of that Act.

S. 104ZR(2) amended by No. 67/2013 s. 649(Sch. 9 item 6(2)).

    (2)     For the purpose of assessing the amount of compensation, the average weekly earnings of the injured person is to be computed on the following basis but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act   2013 , as the case requires, are not exceeded—

        (a)     by reference to the injured person's employment by any employer or employers during the relevant period before the accident; or

        (b)     if the injured person was not then working under a contract of service, on any basis that is best calculated to give the appropriate compensation for the injured person's loss of earning capacity.

    (3)     For the purposes of enabling the return to work of the injured person, the Authority may—

S. 104ZR(3)(a) amended by No. 67/2013 s. 649(Sch. 9 item 6(3)).

        (a)     prepare a return to work plan under the Workplace Injury Rehabilitation and Compensation Act 2013 ;

        (b)     approve a provider of occupational rehabilitation services for the purposes of a return to work plan prepared under paragraph (a);

        (c)     provide alternative assistance or programs to the injured person or in respect of the employment of the injured person.

    (4)     Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 104ZW(2) as if the costs and expenses were a payment of compensation and section 104ZW(3) applies accordingly.

    (5)     In this section, "injured person" means—

        (a)     an offender or person who suffers personal injury (including death) while engaged in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or

        (b)     a volunteer who suffers personal injury (including death) while engaged in working in a prison or at a location.

S. 104ZS inserted by No. 55/2009 s. 4.