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Workers' Compensation and Rehabilitation Act 2003
sec.36ECMeaning of eligible employee
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### sec.36EC Meaning of eligible employee
A person is employed as an eligible employee if—
the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and
the person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by—
attending the scenes of traumatic incidents; or
a person whose employment requires the person to recover human remains
experiencing traumatic incidents as they happen to other persons; or
a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations
investigating, reviewing or assessing traumatic incidents that have happened to other persons.
a person whose employment requires the person to investigate complaints of child sexual abuse
In this section—
traumatic incident includes an incident that exposes a person to, or to the threat of, any of the following—
death;
serious injury;
sexual violence.
s 36EC ins 2021 No. 10 s 3
(sec.36EC-ssec.1) A person is employed as an eligible employee if— the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and the person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by— attending the scenes of traumatic incidents; or a person whose employment requires the person to recover human remains experiencing traumatic incidents as they happen to other persons; or a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations investigating, reviewing or assessing traumatic incidents that have happened to other persons. a person whose employment requires the person to investigate complaints of child sexual abuse
(sec.36EC-ssec.2) In this section— traumatic incident includes an incident that exposes a person to, or to the threat of, any of the following— death; serious injury; sexual violence.
- (a) the person is a worker, or a relevant volunteer, employed by or in an entity prescribed by regulation; and
- (b) the person’s employment requires the person to experience repeated or extreme exposure to the graphic details of traumatic incidents by— (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i) — a person whose employment requires the person to recover human remains (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii) — a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii) — a person whose employment requires the person to investigate complaints of child sexual abuse
- (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i) — a person whose employment requires the person to recover human remains
- (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii) — a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations
- (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii) — a person whose employment requires the person to investigate complaints of child sexual abuse
- (i) attending the scenes of traumatic incidents; or Example of a person for subparagraph (i) — a person whose employment requires the person to recover human remains
- (ii) experiencing traumatic incidents as they happen to other persons; or Example of a person for subparagraph (ii) — a fire communications officer whose employment requires the officer to respond to calls for information and advice in emergency situations
- (iii) investigating, reviewing or assessing traumatic incidents that have happened to other persons. Example of a person for subparagraph (iii) — a person whose employment requires the person to investigate complaints of child sexual abuse
- (a) death;
- (b) serious injury;
- (c) sexual violence.