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 > [*\[Section 36A Inserted by No. 60 of 2001, s. 4, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-060#GS4@EN) > > > (1)  [*\[Section 36A Subsection (1) amended by No. 28 of 2011, s. 46, Applied:31 Oct 2011\]*](/view/html/inforce/2011-10-31/act-2011-028#GS46@Hpa@EN) An offender discharging a community service order is, for the purposes of the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) and the [Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011](/view/html/inforce/2026-04-12/act-2011-029) , 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](/view/html/inforce/2026-04-12/act-1988-004#GS69@EN) of that Act. > > > (1A)  [*\[Section 36A Subsection (1A) inserted by No. 28 of 2011, s. 46, Applied:31 Oct 2011\]*](/view/html/inforce/2011-10-31/act-2011-028#GS46@Hpb@EN) Despite [subsection (1)](#GS36A@Gs1@EN) , an offender discharging a community service order is not to be taken to be a worker for the purposes of [section 84(3)](/view/html/inforce/2026-04-12/act-2011-029#GS84@Gs3@EN) of the [Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011](/view/html/inforce/2026-04-12/act-2011-029) if he or she is a worker for the purposes of [section 84(3)](/view/html/inforce/2026-04-12/act-2011-029#GS84@Gs3@EN) of that Act by reason only of the application of [subsection (1)](#GS36A@Gs1@EN) 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)](#GS36A@Gs2@Hpa@EN) , 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 > > > > > > > (b) doing community service in accordance with the order; or > > > > > > > (c) attending an educational, rehabilitation or other program in accordance with the order; or > > > > > > > (d) doing something else at the request or direction of, or with the express or implied authority of, the offender's probation officer or supervisor. > > > (4)  For [subsection (2)(b)](#GS36A@Gs2@Hpb@EN)  – > > > > > > (a) a required journey is a journey made for the purposes of, or in connection with, a required activity; but > > > > > > > (b) a journey is not taken to be a required journey by reason only of the fact that it is for the purpose of enabling an offender to travel – > > > > > > > > > > (i) from his or her place of residence to the place at which he or she is required to perform a required activity; or > > > > > > > > > > > (ii) from the place at which he or she is required to perform a required activity to his or her place of residence.