Evidentiary provision
9 Evidentiary provision
Subject to this section, an injury is not compensable under this
Act unless it is established on the balance of probabilities that it arises from employment.
Subsection (1) operates—
subject to the qualification that if a worker suffers an injury of a kind referred to in the first column of
Schedule 2 and has been employed in work of a type referred to in the second column of
Schedule 2 opposite the injury, the worker's injury is presumed, in the absence of proof to the contrary, to have arisen from employment; and
subject to Schedule 3.
If a worker retires or is retired from employment on account of age or ill‑health and the worker makes a claim for noise induced hearing loss after the expiration of 2 years from the date of the retirement, subsection (2)(a) does not apply in relation to that claim.
A regulation made on the recommendation, or with the approval, of the Corporation or the Advisory Committee may—
extend the operation of subsection (2)(a) to injuries and types of work prescribed in the regulation;
extend the operation of
Schedule 3 to an injury and corresponding qualifying period prescribed in the regulation.
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