36BEmployment connection test

36B Employment connection test (1) Compensation under this Act is only payable if the ACT is the Territory or State of connection. (2) The fact that a worker is outside the ACT when injured does not prevent compensation being payable under this Act if the ACT is the Territory or State of connection. (3) A worker’s employment is connected with— (a) the Territory or State where the worker usually works in the employment; or (b) if no Territory or State, or no single Territory or State, is identified by paragraph (a)—the Territory or State where the worker is usually based for the purposes of the employment; or (c) if no Territory or State, or no single Territory or State, is identified by paragraph (a) or (b)—the Territory or State where the employer’s principal place of business in Australia is located. (4) For a worker working on a ship, if no Territory or State, or no single Territory or State, is identified by subsection (3), the worker’s employment is, while working on the ship, connected with— (a) the Territory or State where the ship is registered; or (b) if the ship is registered in more than 1 Territory or State—the Territory or State where the ship most recently became registered.

(5) If no Territory or State is identified for a worker by subsection (3) or (4), the worker’s employment is connected with the ACT if— (a) the worker is in the ACT when injured; and (b) the worker is not entitled to compensation in relation to the injury under the workers compensation law of an external Territory, or a place outside Australia. (6) In deciding whether a worker usually works in a Territory or State— (a) regard must be had to the following: (i) the worker’s work history with the employer over the previous 12 months; (ii) the worker’s proposed future working arrangements; (iii) the intentions of the worker and employer; (iv) any period during which the worker worked in a Territory or State (a relevant place) or was in a relevant place for the purposes of employment, whether or not the worker is regarded as working or employed in the relevant place under the workers compensation law of the relevant place; but

(b) regard must not be had to any temporary arrangement under which the worker works in a Territory or State for a period of not longer than 6 months. Example—worker usually works in a single jurisdiction Emma is employed as an electrical trades assistant with a NSW-based employer. Emma performs all of her employment duties on worksites in the ACT, taking her own vehicle to work and providing her own tools and equipment. Emma does not attend her employer’s premises in NSW in the course of her day-to-day duties and receives all of her instructions from the relevant project manager on sites in the ACT. For s (3) (a), Emma usually performs work for her employer in the ACT and her Territory or State of connection is the ACT. Example—worker usually works in more than one jurisdiction An employer carries on business as an interstate bus operator from premises in the ACT. Ray is engaged by the employer as a bus driver, mainly driving buses between Canberra and Sydney, NSW, but also driving buses between Canberra and Melbourne, VIC. Occasionally Ray drives charter buses entirely within the ACT for the employer. For s (3) (a), Ray usually works in the ACT, NSW and VIC. As s (3) (a) does not decide Ray’s Territory or State of connection, s (3) (b) needs to be considered. (7) In deciding whether a worker is usually based in a Territory or State regard must be had to the following: (a) if the employer provides a place from which the worker is expected to operate—that place; (b) if a place is stated in the worker’s contract of employment with the employer—that place; (c) the place from which the worker routinely receives day-to-day instructions from the employer; (d) the place where the worker attends to collect material for the purposes of their employment;