New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 64B

64B Workers returning to work with new employer

(1) In this section--

"group" means a group constituted under Division 2B of Part 7, but does not include any member of the group in respect of whom a determination under section 175E is in force.

"new employer" , in relation to an injured worker, means any employer other than--

(a) the pre-injury employer of the worker, or

(b) an employer who is a member of the same group as the pre-injury employer of the worker.

"pre-injury employer" , in relation to an injured worker, means the employer out of or in the course of employment with whom the injury arose.

"work assistance" means the provision of education or training, transport, child care, clothing, equipment or any similar service or assistance.

(2) This section applies to an injured worker who--

(a) as a result of the injury, is not able to return to work with his or her pre-injury employer, and

(b) accepts an offer of employment with a new employer.

(3) The pre-injury employer of a worker to whom this section applies is liable to pay, subject to and in accordance with the regulations, compensation for the cost of work assistance provided to assist the worker to return to work with a new employer.

(4) An employer is liable to pay compensation under this section in addition to any other compensation under this Act.

(5) The maximum amount for which an employer is liable under this section in respect of the injury concerned is $1,000.

(6) Without limiting subsection (3), the regulations may make provision for or with respect to the following--

(a) limiting the classes of work assistance the employer is liable to pay the cost of under this section,

(b) otherwise limiting the circumstances in which an employer is liable to pay for the cost of work assistance under this section.