65BEntitlement to compensation of worker residing outside

65B Entitlement to compensation of worker residing outside Australia (1) The entitlement of a worker to receive weekly payments of compensation mentioned in section 64 or 65 is suspended when the worker begins to reside outside Australia unless the entitlement continues under this section.

Return to Work Act 1986 62 (2) The entitlement (the continued entitlement) to the weekly payments of compensation mentioned in section 64 or 65 continues even if the worker is residing outside Australia if: (a) the worker complies with the requirements prescribed by regulation when so residing outside Australia; and (b) the employer is satisfied about the worker's continued (3) However, the continued entitlement ceases when, in aggregate, the worker is paid compensation because of the application or applications of subsection (2) for 104 weeks (the period of 104 weeks includes the first 26 weeks referred to in section 64). (4) Despite subsection (3), the Court may order the continued entitlement does not cease after 104 weeks if the Court is satisfied: (a) the worker continues to be totally and permanently incapacitated; and (b) the circumstances of the worker residing outside Australia are otherwise exceptional because of the nature of the worker's incapacity or other circumstances applying to the worker; and (c) the worker would suffer undue hardship if the Court did not make an order under this subsection. Note for subsection (4) See section 104 for applications to the Court. (5) The Court's order must: (a) be made in accordance with the Regulations; and (b) specify the period (the extended period) for which the continued entitlement is extended. (6) The extended period: (a) must be a single period that does not exceed 104 weeks; and (b) starts, or is taken to have started, on a date specified in the order of the Court (which may be a date before the date of the order). (7) At the end of the extended period in relation to a worker's entitlement, the entitlement ceases while the worker is residing outside Australia.

Return to Work Act 1986 63