Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 15

  (1)   If:

  (a)   an employee has an accident arising out of and in the course of his or her employment by the Commonwealth or a licensed corporation; and

  (b)   the accident does not cause injury to the employee but results in the loss of, or damage to, property used by the employee;

Comcare is liable to pay compensation to the employee of an amount equal to the amount of the expenditure reasonably incurred by the employee in the necessary replacement or repair of the property.

  (2)   For the purposes of subsection   (1), expenditure incurred by an employee in the necessary replacement or repair of property used by the employee shall be taken to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably rendered in connection with the replacement or repair.

  (3)   Compensation is not payable under this section if the loss or damage is attributable to the serious and wilful misconduct of the employee.