53Compensation in respect of injuries

53 Compensation in respect of injuries (1) Subject to this Part, if a Territory worker suffers an injury within or outside the Territory and that injury results in or materially contributes to his or her: (a) death; (b) impairment; or (c) incapacity, there is payable by his or her employer to the worker or the worker's dependants, in accordance with this Part, such compensation as is prescribed. (2) Compensation under this Act is payable only in respect of employment that is connected with the Territory.

Return to Work Act 1986 39 (3) The fact that a worker is outside the Territory when the worker suffers an injury does not prevent compensation being payable under this Act in respect of employment that is connected with the (4) Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 (Cth) applies to the worker's employment. 53AA Worker's employment connected with a State (1) A worker's employment is connected with a particular jurisdiction if: (a) the worker usually works in that employment in that jurisdiction; or (b) if no jurisdiction or no one jurisdiction is identified by paragraph (a) – the worker is usually based in the jurisdiction for the purposes of that employment; or (c) if no jurisdiction or no one jurisdiction is identified by paragraph (a) or (b) – the principal place of business in Australia of the worker's employer is located in the jurisdiction. (2) If a worker is working on a ship and no jurisdiction or no one jurisdiction is identified by subsection (1), the worker's employment is connected with the jurisdiction in which the ship is registered or (if the ship is registered in more than one jurisdiction) the jurisdiction in which the ship most recently became registered. (3) If no jurisdiction is identified by subsection (1) (or, if applicable, subsection (2)), the worker's employment is connected with the Territory if: (a) the worker is in the Territory when the worker suffers an injury; and (b) there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter. (4) In deciding whether a worker usually works in a particular jurisdiction, regard must be had to: (a) the worker's work history with the employer over the preceding period of 12 months; and (b) the intentions of the worker and employer;

Return to Work Act 1986 40 but regard must not be had to any temporary arrangement under which the worker works in a particular jurisdiction for a period of not longer than 6 months. (5) In deciding whether a worker is usually based in a particular jurisdiction, regard may be had to the following matters: (a) the work location specified in a worker's contract of (b) the location the worker routinely attends during the term of employment to receive directions or collect materials or equipment in relation to the work; (c) the location the worker reports to in relation to the work; (d) the location from which the worker's wages are paid. (6) In deciding the principal place of business in Australia of the worker's employer, regard may be had to the following matters: (a) the address registered on the Australian Business Register in connection with the employer's Australian Business Number (ABN); (b) if the employer is not registered for an ABN, the State or Territory indicated on the ASIC National Names Index as the principal place of business for the employer; (c) if the employer is not registered for an ABN and is not listed on the National Names Index, the State or Territory indicated by the employer's business mailing address. (7) Subject to subsection (4) or (5), in deciding whether a worker usually works in a particular jurisdiction or is usually based in a particular jurisdiction for the purposes of employment, regard must be had to any period during which the worker works in a particular jurisdiction or is in a particular jurisdiction for the purposes of employment whether or not under the statutory workers' compensation scheme of that jurisdiction the person is regarded as a worker or as working or employed in that jurisdiction. (8) For subsection (2): (a) a ship is taken to be registered in the Territory if the ship is required to be surveyed under the Marine Safety National Law as defined in section 7(1) of the Marine Act 1981; and