reg 1Citation
These
Regulations may be cited as the Return to Work Regulations 1986.
These
Regulations may be cited as the Return to Work Regulations 1986.
These
Regulations shall come into operation on 1 January 1987.
In these Regulations:
correctional officer, see section 4 of the Correctional Services
Act 2014.
first responder, for Schedule 2, means a person with specialised training (such as a paramedic, police officer, firefighter, correctional officer or other emergency personnel), who attends the site of an incident and provides assistance in situations:
(a) involving actual or potential injury to persons or damage to property; and
(b) which may also include risk to the first responder; and
(c) where time may be of the essence to save lives or property.
infringement notice, see regulation 20.
infringement notice offence, see regulation
19(1).
prescribed amount, for an infringement notice offence, see regulation 19(2).
For the definition jurisdiction in section 3(1) of the Act, the prescribed adjacent areas of States and Territories are those set out in Schedule 1.
(1) For section 3B(17)(a) of the Act:
(a) a member of the operations branch of St. John Ambulance Australia (N.T.) Inc.; and
(aa) a person complying with a summons served on the person in pursuance of the Juries Act 1962 or while serving as a juror under that
Act; and
(b) an individual who is authorised by a club registered under the Racing and Wagering Act 2024; and
(c) a natural person who is engaged to drive a taxi, private hire car, limousine or motor omnibus, within the meaning of the Commercial
Passenger (Road) Transport Act 1991, by a person who, or by a director of a body corporate that:
(i) is accredited within the meaning of that Act or is exempted under section 15 of that Act; and
(ii) is approved by the Authority for this regulation,
while the person is so engaged,
are persons prescribed as workers for the Act.
(2) For section 3B(17)(b) of the Act:
(a) a member of the crew of a fishing vessel who is remunerated wholly or mainly by a share in the profits or gross earnings from the working of the vessel; and
(b) a person operating as a direct selling agent under an agency agreement approved by the Authority for this regulation; and
(c) a person who is a carer under the Care and Protection of Children
Act 2007; and
(d) a person, other than a person referred to in paragraph (c), caring for reward or gain, whether monetary or otherwise, in the person's place of residence of another person's child;
are prescribed persons who are not workers for the Act.
For section 3B(3) and (4) of the Act, a spouse, a parent (including a stepmother or stepfather) or grandparent, a child (including a stepchild) or grandchild, a brother or sister (including a half brother or half sister) are prescribed members of the immediate family of an employer.
For section 3B(11) of the Act, the prescribed amount is 20% of the annual equivalent of average weekly earnings.
For section 3B(15) of the Act, the prescribed amount is 65% of the annual equivalent of average weekly earnings.
For section 4(3) of the Act, police officers are prescribed to be a class of worker, subject to the limitation that the injury occurs, in each case, while the worker is travelling by the shortest convenient route between the worker's place of residence and the worker's workplace.
For section 4(6)(a) of the Act, the diseases and kinds of diseases, and the kinds of employment related to those diseases, are those prescribed and specified in Schedule 2.
For section 7B(1) of the Act, an identity card given to an inspector must include the following:
(a) a recent photograph of the inspector of the size, and in the form, specified by the Authority;
(b) the inspector's signature;
(c) the date (if any) on which the inspector's appointment ends;
(d) any conditions to which the inspector's appointment is subject.
For section 50A of the Act, the following diseases and qualifying periods are prescribed as specified in the following table:
Item |
Disease |
Qualifying period |
1 |
Primary leukaemia |
5 years |
2 |
Primary site brain cancer |
5 years |
3 |
Primary site breast cancer |
10 years |
4 |
Primary site cervical cancer |
10 years |
5 |
Primary site ovarian cancer |
10 years |
6 |
Primary site pancreatic cancer |
10 years |
7 |
Primary site testicular cancer |
10 years |
8 |
Primary site thyroid cancer |
10 years |
9 |
Primary site uterine cancer |
10 years |
10 |
Asbestos related diseases |
15 years |
11 |
Malignant Mesothelioma |
15 years |
12 |
Multiple myeloma |
15 years |
13 |
Primary non-Hodgkin's lymphoma |
15 years |
14 |
Primary site bladder cancer |
15 years |
15 |
Primary site colorectal cancer |
15 years |
16 |
Primary site kidney cancer |
15 years |
17 |
Primary site liver cancer |
15 years |
18 |
Primary site lung cancer |
15 years |
19 |
Primary site penile cancer |
15 years |
20 |
Primary site prostate cancer |
15 years |
21 |
Primary site skin cancer |
15 years |
22 |
Primary site ureter cancer |
15 years |
23 |
Primary site oesophageal cancer |
25 years |
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