ACTIn ForceAct
Workers Compensation Act 1951
106Employer must provide suitable work for contract
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106 Employer must provide suitable work for contract
(a) a contract worker has been totally or partially incapacitated for
work because of an injury; and
(b) the worker can return to work, whether on a full-time or part-
time basis, and whether or not to the worker’s previous
(c) within the defined period, the worker asks the employer liable
to pay the compensation to provide employment for the worker.
(2) The employer must provide employment to the worker that is—
(a) so far as reasonably practical, the same as, or equivalent to, the
employment in which the worker was employed at the time of
the injury; and
(b) otherwise suitable employment for the worker.
(4) This section does not apply if—
(a) the worker voluntarily left the employment of the employer after
the injury happened (whether before or after the beginning of
the incapacity for work); or
(b) the employer ended the worker’s employment after the injury
happened for a reason other than because the worker was not fit
for employment because of the injury; or
(c) the employer is a non-business employer; or
(d) the employer cannot provide suitable employment.
contract period includes the period of any reasonably expected
extension or renewal of the contract.
defined period, for a contract worker who is entitled to weekly
compensation, means the period beginning on the day the worker
becomes entitled to weekly compensation and ending—
(a) if the contract period ends, or would end, before the end of
6 months after the day the worker becomes entitled to weekly
compensation—at the end of the contract period; or
(b) in any other case—6 months after the day the worker becomes
entitled to weekly compensation.