Australian Capital Territory Current Acts

WORKERS COMPENSATION ACT 1951 - SECT 105

    (1)     This section applies if—

        (a)     a full-time, part-time or casual worker has been totally or partially incapacitated for work because of an injury; and

        (b)     the worker can return to work, whether on a full-time or part-time basis, and whether or not to the worker's previous employment; and

        (c)     within 6 months after the day the worker became entitled to weekly compensation, the worker asks the employer liable to pay the compensation to provide employment for the worker.

    (2)     The employer must provide employment to the worker that is—

        (a)     so far as reasonably practical, the same as, or equivalent to, the employment in which the worker was employed at the time of the injury; and

        (b)     otherwise suitable employment for the worker.

Maximum penalty: 10 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     This section does not apply if—

        (a)     the worker voluntarily left the employment of the employer after the injury happened (whether before or after the beginning of the incapacity for work); or

        (b)     the employer ended the worker's employment after the injury happened, for a reason other than because the worker was not fit for employment because of the injury; or

        (c)     the employer is a non-business employer; or

        (d)     the employer cannot provide suitable employment.