sec.306FWorker performed services before injury

### sec.306F Worker performed services before injury This section applies if— before the worker sustained the injury, the worker usually performed particular services; and after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and all or part of the provided services are gratuitous services. A court can not award damages for the cost or value of— the part of the services that are gratuitous services; or services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services. However, this section does not apply if the court is satisfied that the services mentioned in subsection (2) (a) — were usually provided to the worker as paid services; and were provided as gratuitous services only in exceptional circumstances. During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services. s 306F (prev s 308C) ins 2004 No. 45 s 57 renum and reloc 2010 No. 24 s 23 (6) – (7) sub 2013 No. 52 s 79 (sec.306F-ssec.1) This section applies if— before the worker sustained the injury, the worker usually performed particular services; and after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and all or part of the provided services are gratuitous services. (sec.306F-ssec.2) A court can not award damages for the cost or value of— the part of the services that are gratuitous services; or services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services. (sec.306F-ssec.3) However, this section does not apply if the court is satisfied that the services mentioned in subsection (2) (a) — were usually provided to the worker as paid services; and were provided as gratuitous services only in exceptional circumstances. During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services. - (a) before the worker sustained the injury, the worker usually performed particular services; and - (b) after the worker sustained the injury, the worker is provided with services of substantially the same type (the provided services ); and - (c) all or part of the provided services are gratuitous services. - (a) the part of the services that are gratuitous services; or - (b) services of substantially the same type as the gratuitous services that are to be provided to the worker in the future as either gratuitous services or paid services. - (a) were usually provided to the worker as paid services; and - (b) were provided as gratuitous services only in exceptional circumstances. Example of exceptional circumstances for paragraph (b) — During a 2-year period, paid services were provided to the worker on a weekly basis. However, the provider of the services was on holidays, or otherwise unable to provide the services, on 2 occasions. On those 2 occasions the services were provided as gratuitous services.