• Specific Year
    Any

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 72

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 72

72 .         Suspending entitlement while worker in prison

        (1)         Subject to subsection (2), a worker’s entitlement to weekly payments of compensation under this Act is suspended during any period that the worker is —

            (a)         in custody under a law of this State, another State or a Territory, or the Commonwealth except where that custody is of a kind prescribed by the regulations; or

            (b)         otherwise serving a term of imprisonment of a kind prescribed by the regulations.

        (2)         The worker’s entitlement to compensation is suspended from the date on which an arbitrator certifies to the existence of the ground of suspension under subsection (1) until the date from which an arbitrator certifies that the ground no longer exists.

        (3)         A certificate issued under subsection (2) is binding on the worker, the employer and the insurer of the employer.

        (4)         An arbitrator may exercise functions under this section entirely on the basis of the documents and information provided to the arbitrator.

        [Section 72 inserted: No. 42 of 2004 s. 58.]