58Compensation for personal injuries and property damage

58 Compensation for personal injuries and property damage S. 58(1) amended by No. 72/2001 s. 3(Sch. item 3.3). (1) A conservation worker who suffers personal injury arising out of or in the course of engaging in any conservation work or travelling to or from any place where any conservation work is to be or has been engaged in, is entitled to be paid compensation or, in the case of death, the partner, children or dependants of the deceased conservation worker are entitled to be paid compensation as provided by this section. S. 58(2) amended by No. 67/2013 s. 649(Sch. 9 item 4(3)). (2) The compensation is to be paid in accordance with and subject to the provisions of the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013**, as the case requires as if, within the meaning of that Act, at the time the person suffered the personal injury he or she was a worker employed by the Crown and the personal injury arose within or in the course of that employment. S. 58(3) amended by No. 76/1998 s. 3(1)(p)(i)(ii). (3) Subject to subsection (4), when a conservation worker suffers damage to or destruction of any property which he or she owns, possesses or controls and the damage or destruction arises out of or in the course of the carrying out of conservation work, the Secretary may authorise the payment to the owner of the property of such compensation for the damage or destruction as the Secretary considers reasonable in the circumstances. S. 58(4) amended by No. 76/1998 s. 3(1)(q). (4) A person is not entitled to recover both damages in respect of damage to or destruction of property and compensation under subsection (3) but if this occurs the Secretary may in respect of damage to or destruction of that property, recover from that person the amount of compensation paid under subsection (3), as a debt due to the Crown. S. 59 (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 4(4)). S. 59 amended by No. 67/2013 s. 649(Sch. 9 item 4(5)).