Div 2Connection with State

Division 2—Connection with State 10—Territorial application of Act (1) This Act applies to a worker's employment if (and only if) that employment is connected with this State. (2) The fact that a worker is outside this State when an injury occurs does not prevent an entitlement to compensation arising under this Act in respect of employment that is connected with this State. (3) A worker's employment is connected with— (a) the State in which the worker usually works in that employment; or (b) if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment; or (c) if no State or no one State is identified by paragraph (a) or (b), the State in which the employer's principal place of business in Australia is located. (4) In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker's employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than 1 State) the State in which the ship most recently became registered. (5) If no State is identified by subsection (3) or (if applicable) (4), a worker's employment is connected with this State if— (a) a worker is in this State when the injury occurs; and (b) there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter. (6) In deciding whether a worker usually works in a State— (a) regard must be had to the worker's work history with the employer over the preceding 12 months and the intentions of the worker and employer; but (b) regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months. (7) Subject to subsection (6), in determining whether a worker usually works in a State or is usually based in a State for the purposes of employment, regard must be had to any period during which a worker works in a State or is in a State for the purposes of employment whether or not under the statutory workers compensation scheme of that State the person is regarded as a worker or as working or employed in that State. (8) 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 of the Commonwealth applies to the worker's employment. (9) In this section— ship means any kind of vessel used in navigation by water, however propelled or moved, and includes— (a) a barge, lighter, or other floating vessel; and (b) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; State includes a Territory and, in a geographical sense, a State's or Territory's relevant adjacent area as described in Schedule 4. 11—Determination of State with which worker's employment is connected in proceedings under this Act (1) If the question of whether this State is connected with a worker's employment arises in proceedings in the Tribunal or a court in relation to a claim for compensation under this Act, the Tribunal or court must— (a) determine the State with which the worker's employment is connected in accordance with section 10; and (b) cause that determination to be entered in its records. (2) The Tribunal must, in determining a question under subsection (1), be constituted of 1 or more presidential members and if the question arises in proceedings that are not before a presidential member (or presidential members) then the question is to be referred, on an interlocutory basis, to a presidential member of the Tribunal. (3) Subsection (1) does not apply if there is a determination that is to be recognised under section 12. 12—Recognition of previous determinations (1) If a determination of the State with which a worker's employment is connected has been made— (a) by the Tribunal or a court under section 11; or (b) by a designated court under a provision of a law that corresponds with section 11, or under another provision of a law prescribed by the regulations for the purposes of this provision; or (c) by a court of this State or another State in the course of proceedings that are relevant to the application of this Act or a corresponding law, or that relate to a claim for compensation or damages, the State so determined is to be recognised for the purposes of this Act as the State with which the worker's employment is connected. (2) This section does not prevent any appeal relating to any such determination and if the determination is altered on appeal, the altered determination is to be recognised under subsection (1). designated court means— (a) the Supreme Court of a State in which a corresponding law is in force; or (b) a court, tribunal or other decision‑making body of a State in which a corresponding law is in force that is declared by the regulations to be a designated court for the purposes of this section; State includes a Territory.