Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 28

Compensation for personal injuries

28. Compensation for personal injuries



(1) Compensation for personal injury (including death) is to be paid in
accordance with and subject to the Accident Compensation Act 1985 to, or for
the benefit of, those persons to whom, or for whose benefit, compensation
would be payable under that Act if-

   (a)  the volunteer emergency worker had been, at the time the personal
        injury was suffered, a worker employed by the Crown; and



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

within the meaning of that Act.

(2) For the purpose of assessing the amount of any compensation payable under
this section, the average weekly earnings of a volunteer emergency worker are
to be computed by reference to the worker's employment during the relevant
period before the personal injury was suffered or (if the worker was not then
working under a contract of service) upon such basis as is best calculated to
give the appropriate compensation for loss of earning capacity, but so that
any relevant maximum limits imposed by the Accident Compensation Act 1985 are
not exceeded.

(3) For the purposes of enabling the return to work of a volunteer emergency
worker who suffers a personal injury while engaged in emergency activity, the
Authority may-

   (a)  prepare a return to work plan under the
        Accident Compensation Act 1985;

   (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 worker or in respect
        of the employment of the worker.

(4) Any costs and expenses incurred as a result of subsection (3) are to be
paid by the Authority under section 32(2) as if the costs and expenses were a
payment of compensation and section 32(3) shall apply accordingly.