Services not required by or provided to worker before injury
306H Services not required by or provided to worker before injury
This section applies if—
before the worker sustained the injury, the worker usually did not require or was not usually provided with particular services; and
after the worker sustains the injury, the worker is provided with services (the provided services); and
all or part of the provided services are gratuitous services.
A court can not award damages for the cost or value of—
the part of the provided services that are gratuitous services; or
services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services.
However, this section does not apply if the court is satisfied that the services mentioned in subsection (2)(a) were provided as gratuitous services only in exceptional circumstances.
Example of exceptional circumstances for subsection (3)—
During a 2-year period after the worker sustains the injury, the provided services were provided on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.
This Act’s bill:Explanatory memorandum
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