Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts28. (1) In this section— “Compensation Act” means the Workers' Compensation Act 1951; “overtime” has the same meaning as in the Compensation Act.
(2) While a detainee is working pursuant to an order of the Director under paragraph 15 (1) (b) or (c), the Compensation Act applies in relation to the detainee as if—
(a) the detainee were employed by the Territory under a contract of service;
(b) paragraphs (a), (b) and (c) of the definition of “worker” in subsection 6 (1) of the Compensation Act were omitted;
(c) for subparagraph 1 (c) (i) of Schedule 1 to the Compensation Act there were substituted the following subparagraph:
“(i) of the amount referred to in subparagraph (b) (i); or”; and
(d) subparagraphs 2 (b) (i) and (ii) of Schedule 1 to the Compensation Act were omitted.
(3) Notwithstanding clause 1A of Schedule 1 to the Compensation Act, for the purposes of the application of that Act in accordance with subsection (2), the prescribed amount applicable to a detainee in respect of a week, for the purposes of paragraph 1 (b) of that Schedule, shall be taken to be—
(a) in the case of a detainee who, immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of him or her arose—
(i) was carrying on a business or profession on his or her own account; or
(ii) was unemployed and was not carrying on a business or profession on his or her own account but who, at any time during the period of 12 months ending immediately before the day on which that liability arose, was employed or was carrying on a business or profession on his or her own account;
the amount calculated by dividing by 52 the amount that is equal to the income of the detainee during the period of 12 months ending immediately before the day on which that liability arose;
(b) in the case of a detainee who was unemployed immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of him or her arose, not being a detainee referred to in paragraph (a)—nil; and
(c) in any other case—an amount equal to the income of the detainee in respect of the period of 7 days ending immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of him or her arose.
(4) A reference in paragraph (3) (c) to income, in relation to a detainee shall not be read as including a reference to—
(a) a payment in respect of overtime;
(b) an allowance that is intermittent or is payable in respect of special expenses incurred or likely to be incurred by the detainee; or
(c) where the detainee had more than 1 occupation during the period of 7 days referred to in that paragraph—income derived by him or her from an occupation other than his or her principal occupation.
(5) Where—
(a) the Territory would, but for this subsection, be liable under the Compensation Act to pay an amount of compensation to, or in respect of, a detainee in relation to a period, being the whole or a part of a period during which the detainee is totally incapacitated for work; and
(b) a person who is an employer of the detainee is liable, by reason of the detainee's total incapacity for work, to make a payment to the detainee by way of salary or wages in relation to that first-mentioned period;
the Territory shall not be liable to pay that amount under the Compensation Act but shall pay to the employer so much of that amount as does not exceed the amount payable to the detainee by the employer and the balance (if any) of that amount shall be taken to be compensation payable by the Territory under the Compensation Act to or in respect of the detainee in relation to that first-mentioned period.