Australian Capital Territory Numbered Acts

WORKERS' COMPENSATION (AMENDMENT) ACT 1991 (NO. 105 OF 1991) - SECT 6

6. Section 6 of the Principal Act is amended—

    (a)     by omitting from subsection (1) the definitions of “medical treatment” and “member of the family” and substituting respectively the following definitions:

“ ‘medical treatment' means—

        (a)     an examination, test or analysis, conducted by or under the direction, or at the request, of a medical practitioner for the purpose of diagnosing an injury;

        (b)     medical or surgical treatment by a medical practitioner;

        (c)     dental treatment by a dentist or a dental prosthetist;

        (d)     chiropractic treatment by a chiropractor;

        (e)     treatment by a psychologist;

        (f)     therapeutic treatment by a masseur, osteopath, physiotherapist, remedial medical gymnast or speech therapist;

        (g)     therapeutic treatment (including treatment by a psychologist) given on referral by a medical practitioner or dentist;

        (h)     the provision of skiagrams;

              (i)     the provision, repair or replacement of contact lenses, crutches, prostheses, spectacles or other artificial aids;

        (j)     any consultation, examination, therapeutic treatment or other service reasonably rendered in connection with any treatment referred to in paragraph (c), (d), (f), (g), (h) or (i);

        (k)     treatment and maintenance as a patient at a hospital; or

        (l)     the provision of nursing attendance, medicines, medical and surgical supplies and curative apparatus in a hospital or otherwise;

‘member of the family', in relation to a worker or an employer, means the grandchild, child, step-child, adopted child, sister, brother, half-sister, half-brother, spouse, parent, step-parent, mother-in-law, father-in-law or grandparent of the worker or employer;”;

    (b)     by omitting from subsection (1) the definition of “workman”; and

    (c)     by inserting in subsection (1) the following definitions:

“ ‘chiropractor' means a person entitled to practise as a chiropractor under the Chiropractors Registration Act 1983 or a corresponding law of a State or another Territory;

‘defined offence' means an offence against this Act or the regulations, or referred to in Part VIII of the Crimes Act, 1900 of the State of New South Wales in its application in the Territory in relation to an offence against this Act or the regulations;

‘dental prosthetist' means a person entitled to practise as a dental prosthetist under the Dental Technicians and Dental Prosthetists Registration Act 1988 or a corresponding law of a State or another Territory;

‘dentist' means a person entitled to practise as a dentist under the Dentists Registration Act 1931 or a corresponding law of a State or another Territory;

‘determined fee' means the fee determined under section 27C for the purposes of the provision in which the expression occurs;

‘medical practitioner' means a person entitled to practise as a medical practitioner under the Medical Practitioners Registration Act 1930 or a corresponding law of a State or another Territory;

‘osteopath' means a person entitled to practise osteopathy under the Chiropractors Registration Act 1983 or a corresponding law of a State or another Territory;

‘physiotherapist' means a person entitled to practise as a physiotherapist under the Physiotherapists Registration Act 1977 or a corresponding law of a State or another Territory;

‘speech therapist' means—

        (a)     a person entitled to practise as a speech therapist under a law of the Territory, a State or another Territory; or

        (b)     a person who is a member of the Australian Association for Speech and Hearing;

‘spouse', in relation to an injured or deceased worker, includes a person of the opposite sex to the worker who lives, or, in relation to a deceased worker, lived immediately before the worker's death, with the worker as the worker's spouse on a bona fide domestic basis although not legally married to the worker;

‘therapeutic treatment' includes an examination, test or analysis done for the purpose of diagnosing, or treatment given for the purpose of alleviating, an injury;

‘Tribunal' means the Australian Capital Territory Administrative Appeals Tribunal;

‘worker' means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether the contract is express or implied, oral or in writing, but does not include—

        (a)     a person whose employment is of a casual nature and who is employed otherwise than for the employer's trade or business;

        (b)     a public servant; or

        (c)     an employee within the meaning of the Commonwealth Employees Rehabilitation and Compensation Act 1988 of the Commonwealth.”.