WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 20
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 20
20 . Compensation not payable unless worker’s employment connected with WA
(1) In this section
—
State , in a geographical sense, includes a
State’s relevant adjacent area as described in Schedule 6.
(2) Compensation under
this Act is only payable in respect of employment that is connected with this
State.
(3) The fact that a
worker is outside this State when the injury occurs does not prevent
compensation being payable under this Act in respect of employment that is
connected with this State.
(4) 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.
(5) In the case of a
worker working on a ship, if no State or no one State is identified by
subsection (4), 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.
(6) If no State is
identified by subsection (4) or (if applicable) (5), a worker’s
employment is connected with this State if —
(a) a
worker is in this State when the injury occurs; and
(b)
there is no place outside Australia under the legislation of which the worker
may be entitled to compensation for the same matter.
(7) In deciding
whether a worker usually works in a State, regard must be had to —
(a) the
worker’s work history with the employer over the preceding period of 12
months; and
(b) the
intentions of the worker and employer,
but 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.
(8) Subject to
subsection (7), in deciding 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.
(9) 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.
[Section 20 inserted: No. 36 of 2004 s. 7;
amended: No. 36 of 2004 s. 17(4).]