67ASpecial provisions for HIV/AIDS

67A Special provisions for HIV/AIDS

67A Special provisions for HIV/AIDS

(1) (Repealed)

(1A) For the purposes of the determination of the amount of permanent impairment compensation payable, HIV and AIDS are each considered to result in a degree of permanent impairment of 100%.

(2) Section 68 does not apply to a loss that is HIV/AIDS.

(3) The regulations may make provision for methods for determining for the purposes of this Act whether a person is living with HIV/AIDS. Regulations need not be made under this subsection and in the absence of regulations the determination of whether a person is living with HIV/AIDS is to be on the basis of medical opinion.

(4) Permanent impairment compensation is not payable in respect of permanent impairment that is HIV/AIDS if the impairment resulted from voluntary sexual activity or illicit drug use. This subsection does not limit the operation of section 14 (Conduct of worker etc).

(5) In this section—

AIDS means Acquired Immune Deficiency Syndrome.

HIV means Human Immunodeficiency Virus.

Note—

The amendment of this section by the Equality Legislation Amendment (LGBTIQA+) Act 2024 to refer to “living with HIV/AIDS” is merely to modernise language and is not intended to change the application of workers compensation legislation and other applicable legislation.

s 67A: Ins 1995 No 89, Sch 1 [28]. Am 2001 No 61, Sch 3.1 [12] [13]; 2012 No 53, Sch 2.1 [14] [15]; 2024 No 71, Sch 9[1]–[7].