QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.115Overseas arrangements
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### sec.115 Overseas arrangements
If—
an injury is sustained by a worker in another country in circumstances that, had the injury been sustained in Queensland, compensation would have been payable; and
at the time of the injury, the worker’s principal place of employment was in Queensland;
compensation is payable as if the injury were sustained in Queensland.
If—
an injury is sustained by a worker in Queensland; and
at the time of the injury, the worker’s principal place of employment was in another country;
compensation is not payable for the injury.
For this section, a worker’s principal place of employment is in a country if—
the worker usually works in that country; or
for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.
In deciding whether a worker usually works in a country, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.
However, regard must not be had to any temporary arrangement under which the worker works in a country for a period of not longer than 6 months.
(sec.115-ssec.1) If— an injury is sustained by a worker in another country in circumstances that, had the injury been sustained in Queensland, compensation would have been payable; and at the time of the injury, the worker’s principal place of employment was in Queensland; compensation is payable as if the injury were sustained in Queensland.
(sec.115-ssec.2) If— an injury is sustained by a worker in Queensland; and at the time of the injury, the worker’s principal place of employment was in another country; compensation is not payable for the injury.
(sec.115-ssec.3) For this section, a worker’s principal place of employment is in a country if— the worker usually works in that country; or for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.
(sec.115-ssec.4) In deciding whether a worker usually works in a country, regard must be had to the worker’s work history with the employer and the intention of the worker and employer.
(sec.115-ssec.5) However, regard must not be had to any temporary arrangement under which the worker works in a country for a period of not longer than 6 months.
- (a) an injury is sustained by a worker in another country in circumstances that, had the injury been sustained in Queensland, compensation would have been payable; and
- (b) at the time of the injury, the worker’s principal place of employment was in Queensland;
- (a) an injury is sustained by a worker in Queensland; and
- (b) at the time of the injury, the worker’s principal place of employment was in another country;
- (a) the worker usually works in that country; or
- (b) for a worker who usually works in more than 1 country—the employer’s principal place of business is in that country.