Queensland Consolidated Acts
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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 113
Employment must be connected with State
113 Employment must be connected with State
(1) Compensation under this Act is only payable in relation to employment that
is connected with this State.
(2) The fact that a worker is outside this
State when the injury is sustained does not prevent compensation being payable
under this Act in relation to employment that is connected with this State.
(3) A worker’s employment is connected with— (a) the State in which the
worker usually works in that employment; or
(b) if no State or no 1 State is
identified by paragraph (a) , the State in which the worker is usually based
for the purposes of that employment; or
(c) if no State or no 1 State is
identified by paragraph (a) or (b) , the State in which the employer’s
principal place of business in Australia is located.
(4) In the case of a
worker on a ship, if no State or no 1 State is identified by subsection (3) ,
a worker’s employment is, while on a ship, connected with the State in which
the ship is registered or (if the ship is registered in more than 1 State) the
State in which the ship most recently became registered.
(5) If no State is
identified by subsection (3) or (if applicable) (4), a worker’s employment
is connected with this State if— (a) the worker is in this State when the
injury is sustained; and
(b) there is no place outside Australia under the
legislation of which the worker may be entitled to compensation for the same
matter.
(6) In deciding whether a worker usually works in a State, regard
must be had to the worker’s work history with the employer and the intention
of the worker and employer.
(7) However, regard must not be had to any
temporary arrangement under which the worker works in a State for a period of
not longer than 6 months.
(8) Compensation under this Act does not apply in
relation to the employment of a worker on a ship if the
Seafarers Rehabilitation and Compensation Act 1992 (Cwlth) applies to the
worker’s employment.
(9) In this section—
"State" , in a geographical sense, includes a State’s relevant adjacent area
as described in schedule 4 .
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