Workers’ Compensation and Rehabilitation Act 2003

Compensation under this Act is only payable in relation to employment that is connected with this State.

The fact that a worker is outside this State when the injury is sustained does not prevent compensation being payable under this Act in relation to employment that is connected with this State.

A worker’s employment is connected with—

the State in which the worker usually works in that employment; or

if no State or no 1 State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or

if no State or no 1 State is identified by paragraph (a) or (b), the State in which the employer’s principal place of business in Australia is located.

In the case of a worker on a ship, if no State or no 1 State is identified by subsection (3), a worker’s employment is, while on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than 1 State) the State in which the ship most recently became registered.

If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if—

the worker is in this State when the injury is sustained; and

there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.

In deciding whether a worker usually works in a State, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.

However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.

Compensation under this Act does not apply in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 (Cwlth) applies to the worker’s employment.

In this section—