(1) In this section
—
licensed facility means a place licensed as
—
(a) a
racecourse; or
(b) a
training track; or
(c) a
trial track,
under the Racing and Wagering Western Australia
Act 2003 ;
licensed jockey means a person licensed as a
jockey under the Racing and Wagering Western Australia Act 2003 ;
licensed trainer means a person licensed as a
trainer of thoroughbred racing horses under the
Racing and Wagering Western Australia Act 2003 ;
registered club means a racing club registered
under the Racing and Wagering Western Australia Act 2003 ;
relevant day means the day on which the
Workers’ Compensation and Injury Management Amendment (Jockeys) Act 2012
section 4 comes into operation.
(2) Notwithstanding
section 11, for the purposes of this Act worker includes a licensed jockey who
—
(a) is
riding a horse in any race run under the management of a registered club; or
(b) is
engaged —
(i)
in riding work; or
(ii)
in carrying out the usual duties of a jockey,
at a licensed facility
for a licensed trainer; or
(c)
although not coming within paragraph (a) or (b), is engaged —
(i)
in riding work; or
(ii)
in carrying out the usual duties of a jockey,
for a licensed
trainer.
(3) For the purposes
of this Act, the employer of a worker referred to in subsection (2) is taken
to be —
(a) in
the case of a worker referred to in subsection (2)(a) or (b), Racing and
Wagering Western Australia; and
(b) in
the case of a worker referred to in subsection (2)(c) —
(i)
with respect to injuries occurring before the relevant
day, Racing and Wagering Western Australia; and
(ii)
with respect to injuries occurring on or after the
relevant day, the licensed trainer for whom the worker is engaged.
[Section 11A inserted: No. 45 of 2012 s. 4.]