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]

(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 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 the Workers Rehabilitation and Compensation Act 1988 ;

(b) the rate of the offender's normal weekly earnings, if any, within the meaning of section 69 of the Workers Rehabilitation and Compensation Act 1988 .

(2)  Despite subsection (1) , 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) 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.

(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) , 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