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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.6.2 Compensation for personal injuries

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.6.2

Compensation for personal injuries

    (1)     If a volunteer school worker suffers personal injury arising out of, or in the course of engaging in, school work or travelling to or from a place where school work is to be or has been engaged in—

        (a)     the worker is entitled to be paid compensation; or

        (b)     if the worker dies, the worker's partner or any child or dependant of the worker is entitled to be paid compensation.

    (2)     If a volunteer student worker suffers personal injury arising out of or in the course of approved community work

        (a)     the worker is entitled to be paid compensation; or

        (b)     if the worker dies, the worker's partner or any child or dependant of the worker is entitled to be paid compensation.

S. 5.6.2(2A) inserted by No. 5/2021 s. 40(1).

    (2A)     If a volunteer school worker or volunteer student worker who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the worker is entitled to be paid provisional payments in relation to that mental injury.

S. 5.6.2(2B) inserted by No. 5/2021 s. 40(1).

    (2B)     Subsection (2A) does not apply—

        (a)     if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 ; or

        (b)     if a claim for compensation relating to the same mental injury and circumstances has previously been determined.

    (3)     The compensation must, in respect of personal injury suffered before 4 p.m. on 31 August 1985 be paid in accordance with and subject to the provisions of the Workers Compensation Act 1958 as if within the meaning of that Act at the time the person so suffered the personal injury—

        (a)     the person was a worker employed by the Crown; and

        (b)     the person suffered a personal injury arising out of or in the course of employment with the Crown.

S. 5.6.2(4) amended by Nos 58/2007 s. 38, 67/2013 s. 649(Sch. 9 item 13(4)), 5/2021 s. 40(2).

    (4)     The compensation or provisional payments shall, in respect of personal injury suffered on or after 4 p.m. on 31 August 1985 but before 1 July 2014, be paid in accordance with and subject to the Accident Compensation Act 1985 as if within the meaning of that Act at the time the person so suffered the personal injury—

        (a)     the person was a worker employed by the Crown; and

        (b)     the person suffered a personal injury arising out of or in the course of employment with the Crown.

S. 5.6.2(5) inserted by No. 67/2013 s. 649(Sch. 9 item 13(5)), amended by No. 5/2021 s. 40(2).

    (5)     The compensation or provisional payments shall, in respect of personal injury suffered on or after 1 July 2014, be paid in accordance with and subject to the Workplace Injury Rehabilitation and Compensation Act 2013 as if, within the meaning of that Act at the time the person suffered the personal injury—

        (a)     the person was a worker employed by the Crown; and

        (b)     the person suffered a personal injury arising out of or in the course of employment with the Crown.

S. 5.6.2A inserted by No. 58/2007 s. 39.