42AZOffender discharging order is taken to be Crown employee for certain purposes

### 42AZ Offender discharging order is taken to be Crown employee for certain purposes > [*\[Section 42AZ Inserted by No. 51 of 2017, s. 15, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS15@EN) > > > (1)  An offender performing community work in compliance with a community correction 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 the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) ; > > > > > > > (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 the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) . > > > (2)  Despite [subsection (1)](#GS42AZ@Gs1@EN) , an offender performing community work in compliance with a community correction 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)](#GS42AZ@Gs1@EN) of this section. > > > (3)  An offender is taken to be performing community work for the purposes of this section if he or she is – > > > > > > (a) performing a required activity; or > > > > > > > (b) making a required journey. > > > (4)  For [subsection (3)(a)](#GS42AZ@Gs3@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 for the purposes of performing community service in accordance with a community correction order; or > > > > > > > (b) performing community service in accordance with a community correction order; or > > > > > > > (c) in accordance with a condition imposed under [section 42AP(1)(d)](#GS42AP@Gs1@Hpd@EN) , attending an educational, rehabilitation or other program in accordance with a community correction order; or > > > > > > > (d) doing something else – > > > > > > > > > > (i) at the request or direction of, or with the express or implied authority of, the offender's probation officer or supervisor; and > > > > > > > > > > > (ii) that is related to performing community service in accordance with a community correction order. > > > (5)  For [subsection (3)(b)](#GS42AZ@Gs3@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.