56Workers' compensation payable to or in respect of volunteers

56 Workers' compensation payable to or in respect of volunteers

(1)  In this section –

volunteer emergency management worker means an emergency management worker whose participation in emergency management or rescue and retrieval operations is as a volunteer.

(2)  For the purposes of the Workers Rehabilitation and Compensation Act 1988 , a volunteer emergency management worker who participates in emergency management or a rescue and retrieval operation is taken to be a worker employed by the Crown while engaging in that emergency management or rescue and retrieval operation.

(2A)  [Section 56 Subsection (2A) inserted by No. 31 of 2018, s. 26, Applied:10 Dec 2018] For the purposes of the Workers Rehabilitation and Compensation Act 1988 , a volunteer emergency management worker –

(a) who is registered in Tasmania with an organisation that participates in emergency management, or rescue and retrieval operations, in Tasmania; and

(b) who, in his or her capacity within that organisation, participates in emergency management, or a rescue and retrieval operation, outside Tasmania –

is taken to be employed in emergency management, or rescue and retrieval operations, in connection with Tasmania, while so participating, if the Secretary of the department responsible in relation to the administration of this Act has agreed to such participation.

(3)  For the purpose of assessing the compensation payable to, or in respect of, a person to whom subsection (2) applies, the person's average weekly earnings –

(a) if he or she was working under a contract of service or an industrial award or agreement immediately before engaging in the emergency management or rescue and retrieval operation, are to be calculated according to his or her earnings under that contract; or

(b) if he or she was not working under such a contract, award or agreement at that time, are to be calculated as prescribed.

(4)  Without restricting the operation of , participation in any training, meeting, competition, demonstration or display held –