WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31F
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 31F
31F . AIDS, compensation for
(1) In this section
and in the table in Schedule 2 —
AIDS means acquired immune deficiency syndrome;
HIV means human immunodeficiency virus;
prohibited drug has the meaning given to that term
by the Misuse of Drugs Act 1981 section 3.
(2) Subject to this
section, for the purposes of this Division —
(a) the
infection of a worker by HIV by accident arising out of or in the course of
employment, or whilst the worker is acting under the employer’s
instructions, is taken to be a personal injury by accident; and
(b) if
that worker subsequently contracts AIDS, the contracting of AIDS —
(i)
is taken to be a compensable personal injury by accident;
and
(ii)
is taken to result in a degree of permanent impairment of
100%; and
(iii)
is taken to have occurred on the date on which the worker
contracted the HIV infection referred to in paragraph (a).
(3) Despite
section 31C the compensation payable for the contracting of AIDS in the
circumstances set out in subsection (2) is 100% of the prescribed amount at
the date on which a certificate is given by a medical practitioner that the
worker has contracted AIDS.
(4) The regulations
may make provision for methods of deciding for the purposes of this section
whether a worker is HIV infected or has contracted AIDS.
(5) Sections 31C(2)
and 31D do not apply to an impairment that is AIDS.
(6) A worker is not
entitled to compensation under this Division in respect of an impairment that
is AIDS if the impairment resulted from the unlawful use of any prohibited
drug or from voluntary sexual activity.
(7) Subsection (6)
does not limit the operation of section 22.
(8) A worker is not
entitled to compensation under this Division in respect of an impairment that
is AIDS if the accident by which the worker became HIV infected occurred on a
day before the coming into operation of section 21 of the Workers’
Compensation Reform Act 2004 .
[Section 31F inserted: No. 42 of 2004 s. 21.]