"claimant" means a person who makes or is entitled to make a claim.
"coal miner matter" means any matter arising under the Workers Compensation
Acts concerning a claim in respect of a worker employed in or about a mine.
"current work capacity" --see Schedule 3 to the 1987 Act.
"death benefit compensation" means compensation under Division 1 (Compensation
payable on death) of Part 3 of the 1987 Act.
"dependants" of a worker means such of the members of the worker's family as
were wholly or in part dependent for support on the worker at the time of the
worker's death, or would but for the incapacity due to the injury have been so
dependent, and includes--
(a) a person so dependent to whom the worker stands
in the place of a parent or a person so dependent who stands in the place of a
parent to the worker, and
(b) a divorced spouse of the worker so dependent,
and
(c) a person so dependent who--
(i) in relation to an injury received
before the commencement of Schedule 7 to the Workers Compensation Legislation
Amendment (Dust Diseases and Other Matters) Act 1998 --although not legally
married to the worker, lived with the worker as the worker's husband or wife
on a permanent and genuine domestic basis, or
Without
limiting the meaning of the expression, an employer can be an individual, a
corporation, a firm, an unincorporated body of persons, a government agency or
the Crown.
(a) means a personal injury arising out of or in the course of
employment, and
(b) includes--
(i) a disease contracted by a worker in the
course of employment, where the employment was a contributing factor to the
disease, or
(ii) the aggravation, acceleration, exacerbation or deterioration
of any disease, where the employment was a contributing factor to the
aggravation, acceleration, exacerbation or deterioration, but
(c) does not
include (except in the case of a worker employed in or about a mine)--
"medical certificate" means a certificate given by a medical practitioner.
"medical dispute" has the meaning given by section 319.
"medical expenses compensation" means compensation under Division 3
(Compensation for medical, hospital and rehabilitation expenses etc) of Part 3
of the 1987 Act.
"member of a family" means spouse (including wife or husband), father, mother,
grandfather, grandmother, stepfather, stepmother, son, daughter, grandson,
granddaughter, stepson, stepdaughter, brother, sister, half-brother or
half-sister.
and, in
relation to contributions payable by any insurer, includes any amount
comprising or attributable to GST and any amount prescribed by the regulations
as included for the purposes of this definition in relation to that
financial year, but does not include any amount prescribed by the regulations
as excluded for the purposes of this definition in relation to that
financial year.
"records" includes books, accounts, minutes, registers, deeds, documents and
any other sources of information compiled, recorded or stored in written form,
on microfilm, by electronic process or in any other manner.
"related body corporate" has the same meaning as it has in the
Corporations Act 2001of the Commonwealth.
(a) in relation to an injury received before the
commencement of Schedule 7 to the Workers Compensation Legislation Amendment
(Dust Diseases and Other Matters) Act 1998 --a person to whom the person is
legally married (including a husband or wife), or
(b) in relation to an
injury received after that commencement--
(i) a person to whom the person is
legally married (including a husband or wife), or
"worker" means a person who has entered into or works under a contract of
service or a training contract with an employer (whether by way of manual
labour, clerical work or otherwise, and whether the contract is expressed or
implied, and whether the contract is oral or in writing). However, it does not
include--
(a) a member of the NSW Police Force who is a contributor to the
Police Superannuation Fund under the Police Regulation (Superannuation) Act
1906 , or
(b) a person whose employment is casual (that is for 1 period only
of not more than 5 working days) and who is employed otherwise than for the
purposes of the employer's trade or business, or
(c) an officer of a
religious or other voluntary association who is employed upon duties for the
association outside the officer's ordinary working hours, so far as the
employment on those duties is concerned, if the officer's remuneration from
the association does not exceed $700 per year, or
(d) except as provided by
Schedule 1, a registered participant of a sporting organisation (within the
meaning of the Sporting Injuries Insurance Act 1978 ) while--
(i)
participating in an authorised activity (within the meaning of that Act) of
that organisation, or
(ii) engaged in training or preparing himself or
herself with a view to so participating, or
(iii) engaged on any daily or
periodic journey or other journey in connection with the registered
participant so participating or the registered participant being so engaged,
if, under the contract pursuant to which the registered participant does any
of the things referred to above in this paragraph, the registered participant
is not entitled to remuneration other than for the doing of those things.
"Workers Compensation Acts" means this Act and the 1987 Act.
"workers compensation legislation" means--
(a) this Act and the instruments
under this Act, or
(b) the 1987 Act and the instruments under that Act, or
(2) Extended meaning of
injured worker A reference in this Act to a worker who has been injured
includes, if the worker is dead, a reference to the worker's legal personal
representative, or the worker's dependants, or any other person to whom or for
whose benefit compensation is payable.
(3) Notes Notes in the text of this
Act do not form part of this Act.
(5) Meaning of "related" The following provisions have effect for the purposes
of this section--
(a) Persons are
"related" if--
(i) one is the parent, or another ancestor, of the other, or
(ii) one is the child, or another descendant, of the other, or
(iii) they
have a parent in common.
(b) For the purposes of paragraph (a)--
(i) a person
is taken to be an ancestor or descendant of another person even if the
relationship between them is traced through, or to, a person who is or was an
adopted child, and
(ii) the relationship of parent and child between an
adoptive parent and an adopted child is taken to continue even though the
order by which the adoption was effected has been annulled, cancelled or
discharged or the adoption has otherwise ceased to be effective, and
(iii)
the relationship between an adopted child and the adoptive parent, or each of
the adoptive parents, is taken to be or to have been the natural relationship
of child and parent, and
(iv) a person who has been adopted more than once is
taken to be the child of each person by whom he or she has been adopted.
(c)
In paragraph (b),
"adopted" means adopted under the law of any place, whether in Australia or
not, relating to the adoption of children.
(5A) Subsection (5) applies in
relation to a child whose parentage is transferred as a result of a parentage
order, or an Interstate parentage order, within the meaning of the Surrogacy
Act 2010 in the same way as it applies in relation to an adopted child. For
that purpose, a reference in that subsection to an adoptive parent is to be
read as a reference to a person to whom the parentage of a child is
transferred under such a parentage order.
(6) Certain references to "mines" A reference to a mine in the definitions of
"coal miner matter" and
"injury" is a reference to a mine within the meaning of the Coal Mines
Regulation Act 1982 as in force immediately before its repeal by the
Coal Mine Health and Safety Act 2002 , but does not include a reference to
any place that, in accordance with section 10 (2) of the Work Health and
Safety (Mines and Petroleum Sites) Act 2013 , is a place to which that Act
does not apply.
Note : Section 2A of the 1987 Act provides that the 1987 Act
is to be construed with, and as if it formed part of, this Act. Accordingly, a
reference in this Act to this Act generally includes a reference to
the 1987 Act.
