Northern Territory Numbered Acts

RETURN TO WORK LEGISLATION AMENDMENT ACT 2015. (NO 25 OF 2015) - SECT 5

After section 3

insert

3A     Injury

    (1)     An "injury", in relation to a worker, is a physical or mental injury arising out of or in the course of the worker's employment and includes:

    (a)     a disease; and

    (b)     the aggravation, acceleration, exacerbation, recurrence or deterioration of a pre-existing injury or disease.

    (2)     Despite any other provision of this Act, a mental injury is not considered to be an injury for this Act if it is caused wholly or primarily by one or more of the following:

    (a)     management action taken on reasonable grounds and in a reasonable manner by or on behalf of the worker's employer;

    (b)     a decision of the worker's employer, on reasonable grounds, to take, or not to take, any management action;

    (c)     any expectation by the worker that any management action would, or would not, be taken or any decision made to take, or not to take, any management action.