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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.]