Workers Compensation Act 1987

In the case of a worker employed in or about a mine, the provisions of clauses 4 and 5 of Part 4 of this Schedule apply as if any period of incapacity for work of the worker occurred as the result of an injury received before the commencement of Division 2 of Part 3 of this Act.

In the case of a worker employed in or about a mine, the provisions of clause 6 of Part 4 of this Schedule apply as if any liability in respect of weekly payments of compensation resulted from an injury received before the commencement of Division 2 of Part 3 of this Act.

However, clauses 4 (1) (b) and 4A of Part 4 of this Schedule (as applying under this clause) do not apply in respect of any period of incapacity for work that—

results from an injury received after the commencement of Division 2 of Part 3 of this Act, and

occurs after the commencement of this subclause (as inserted by the WorkCover Legislation Amendment Act 1996), and

occurs during the first 104 weeks of incapacity but after the first 78 weeks of incapacity.

(Repealed)

For the purposes of subclause (3), the first 78 weeks of incapacity and the first 104 weeks of incapacity are the periods of incapacity for work (whether total or partial, or both) of 78 and 104 weeks, respectively, after the worker becomes entitled to weekly payments of compensation in respect of the incapacity. In this subclause, a reference to a period of incapacity for work includes, in the case of separate periods of incapacity resulting from the same injury, a reference to the aggregate of those periods.

The amendments made to subclauses (3) and (4) by the WorkCover Legislation Amendment Act 1997 are taken to have had effect from the commencement of those subclauses (as inserted by the WorkCover Legislation Amendment Act 1996).