(1) *[Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 50 of 1992, s. 4 ][Section 3 Subsection (1) amended by No. 27 of 1993, s. 35 and Sched. 3 ][Section 3 Subsection (1) amended by No. 43 of 1993, s. 4 ][Section 3 Subsection (1) amended by No. 44 of 1993, s. 20 ][Section 3 Subsection (1) amended by No. 49 of 1994, s. 4 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 16 of 1995, s. 6 ][Section 3 Subsection (1) amended by No. 48 of 1996, s. 4 ]*In this Act, unless the contrary intention appears –
authorized officer means a person appointed as, or authorized to perform the functions and exercise the powers of, an authorized officer under section 150A ;
(a) the person who is in a caring relationship with that person which is the subject of a deed of relationship registered under Part 2 of theRelationships Act 2003 ; or
(b) the person who was, at the time of the death of the first-mentioned person, in a caring relationship with that person which was the subject of a deed of relationship registered under Part 2 of theRelationships Act 2003 ;
claim for compensation means a claim for compensation under this Act and includes any matter or question arising in connection with or incidental to such a claim;
(b) the recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease where the employment was the major or most significant contributing factor to that recurrence, aggravation, acceleration, exacerbation or deterioration –
insurer means a body corporate authorized under the Insurance Act 1973 of the Commonwealth to carry on insurance business and includes a person who, at the time a relevant policy of insurance or indemnity was taken out, was so authorized;
licence means a licence issued and in force under Division 2 of Part IX ;
licensed insurer means an insurer who is the holder of a licence and includes a specialized insurer;
(a) a person registered under the Health Practitioner Regulation National Law in the medical profession; and
(b) a person who is authorised under a law of another country to carry out all of the functions in respect of which the person would, if they were carried out in Australia, be required to be registered under the Health Practitioner Regulation National Law in the medical profession;
(b) a person to whom the worker stood in loco parentis;
mining employee means a worker who is engaged in mining operations under a contract of service or apprenticeship with an employer, whether the contract is express or implied or is oral or in writing;
mining operations means –
(a) the disturbing, removing, carting, carrying, sifting, smelting, refining, crushing or otherwise dealing with or treating any rock, stone, quartz, clay, sand, soil, ore or mineral by any method for the purpose of obtaining metals or minerals or for prospecting for metals or minerals; and
(b) any process in connection with the dealing with, treating or handling of, any rock, stone, quartz, clay, sand, soil, ore or mineral for that purpose; and
(c) the dealing with, treating or handling, in connection with a process mentioned in paragraph (a) or (b) , of any by-products or residues produced by, or arising from, that process; and
(d) the cutting, dressing, shaping or working on any stone, granite, marble or other similar substance; and
(e) the quarrying of blue metal or freestone; and
(f) the driving of a tunnel –
but does not include sluicing, dredging or any similar operations or mining for coal or shale, or the quarrying or crushing of any materials required for the construction or maintenance of roads;
outworker means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale, in premises not under the management or control of the person giving them out;
second injury scheme means a scheme established by the Board to encourage the employment of injured workers by providing financial incentives to employers in relation to insurance liabilities arising from further injuries to the injured workers;
specialized insurer means an insurer or proposed insurer whose business is, or is intended to be, specialized insurance for employers of a particular class or particular classes;
(a) [Section 3 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any person who has entered into, or works under, a contract of service or training contract with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is express or implied, or is oral or in writing; and
(b) any person or class of persons taken to be a worker for the purposes of this Act –
and when used in relation to a person who has been injured and is dead, includes the legal personal representatives or dependants of that person or other person to whom or for whose benefit compensation is payable;
workers' compensation insurance business means the business of insuring employers against the employers' liability to their workers under this Act;
(3) For the purposes of this Act, the exercise and performance of the powers and duties of a local or other public authority shall be deemed to be the carrying on by such authority of a trade or business.
(4) At the request of the governing body of a church, the Minister –
(a) may, by notice published in the Gazette, declare that clergymen, as defined in the notice, of that church shall be deemed to be workers for the purposes of this Act and, where he makes such a declaration, the Minister shall also declare, in the same notice, by whom such clergymen are, for those purposes, deemed to be employed; and
(b) may at any time, by subsequent notice so published, revoke or amend the first-mentioned notice –
and the notice so published has effect according to its terms as if they were provided in this Act.
(5) For the purposes of this Act, where a worker suffers an injury that is a disease, that injury shall be deemed to have occurred –
(a) on the day on which the worker became totally or partially incapacitated by reason of that injury; or
(b) if a day cannot be ascertained under paragraph (a) , on the day on which a medical practitioner has certified that the worker was first incapacitated by reason of that injury.
(5A) *[Section 3 Subsection (5A) inserted by No. 16 of 1995, s. 6 ]*Nothing in subsection (5) precludes a worker who suffers from industrial deafness from maintaining a claim for compensation under the relevant provisions of this Act notwithstanding that the deafness did not cause incapacity.
(6) *[Section 3 Subsection (6) amended by No. 50 of 1992, s. 10 ]**[Section 3 Subsection (6) amended by No. 16 of 1995, s. 6 ]*Where a medical practitioner is unable to certify as to the day on which a worker was first incapacitated by reason of an injury referred to in subsection (5) or where there is a dispute as to the day on which such an injury occurred, the matter may be referred by the worker or his employer, to the Tribunal for determination as to the day on which the injury occurred and the day so determined by the Tribunal shall be deemed to be the day on which that injury occurred.