36AOffender discharging order is taken to be Crown employee for certain purposes

36A Offender discharging order is taken to be Crown employee for certain purposes

[Section 36A Inserted by No. 60 of 2001, s. 4, Applied:19 Sep 2001]

(1)  [Section 36A Subsection (1) amended by No. 28 of 2011, s. 46, Applied:31 Oct 2011] An offender discharging a community service order is, for the purposes of the Workers Rehabilitation and Compensation Act 1988 and the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 , taken to be a worker employed by the Crown and being paid at the greater of the following rates:

(a) a rate equal to the basic salary within the meaning of that Act;

(b) the rate of the offender's normal weekly earnings, if any, within the meaning of section 69 of that Act.

(1A)  [Section 36A Subsection (1A) inserted by No. 28 of 2011, s. 46, Applied:31 Oct 2011] Despite subsection (1) , an offender discharging a community service order is not to be taken to be a worker for the purposes of section 84(3) of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 if he or she is a worker for the purposes of section 84(3) of that Act by reason only of the application of subsection (1) of this section.

(2)  An offender is taken to be discharging a community service order for the purposes of this section if he or she is –

(a) performing a required activity; or

(b) making a required journey.

(3)  For subsection (2)(a) , an offender is taken to be performing a required activity if he or she is –

(a) reporting to the offender's probation officer or supervisor for the purposes of the order; or