31AEmployment connection test

### 31A Employment connection test > [*\[Section 31A of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS9@EN) > > > (1)  Compensation under this Act is payable only if this State is the State of connection. > > > (2)  The fact that a worker is outside this State when injured does not prevent compensation being payable under this Act. > > > (3)  A worker’s employment is connected with – > > > > > > (a) the State where the worker usually works in the employment; or > > > > > > > (b) if no State, or no single State, is identified by paragraph (a), the State where the worker is usually based for the purposes of the employment; or > > > > > > > (c) if no State, or no single State, is identified by paragraph (a) or (b), the State where the employer’s principal place of business in Australia is located. > > > (4)  For a worker working on a ship, if no State, or no single State, is identified by subsection (3), the worker’s employment is, while working on the ship, connected with – > > > > > > (a) the State where the ship is registered; or > > > > > > > (b) if the ship is registered in more than one State, the State where the ship most recently became registered. > > > (5)  If no State is identified for a worker by subsection (3) or (4), the worker’s employment is connected with this State if – > > > > > > (a) the worker is in this State when injured; and > > > > > > > (b) the worker is not entitled to compensation in relation to the injury under the workers compensation law of an external Territory, or a place outside Australia. > > > (6)  In deciding whether a worker usually works in a State – > > > > > > (a) regard must be had to the following: > > > > > > > > > > (i) the worker’s work history with the employer over the preceding 12 months; > > > > > > > > > > > (ii) the worker’s proposed future working arrangements; > > > > > > > > > > > (iii) the intentions of the worker and employer; > > > > > > > > > > > (iv) any period during which the worker worked in a State or was in a State for the purposes of employment, whether or not the worker is regarded as working or employed in that State under its workers compensation law; but > > > > > > > (b) regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months. > > > (7)  Compensation under this Act is not payable in relation to the employment of a worker on a ship if the *Seafarers Rehabilitation and Compensation Act 1992* of the Commonwealth applies to the worker’s employment. > > > (8)  The application of this Act in respect of a seaman is subject to the following modifications: > > > > > > (a) the notice of injury and the claim for compensation may, except where the seaman injured is the master, be served on the master of a ship as if he or she were the employer; > > > > > > > (b) in the case of the death of the seaman, the claim for compensation for the purposes of [section 32](#GS32@EN) [(1)](#GS32@Gs1@EN) [(b)](#GS32@Gs1@Hpb@EN) is to be made within 6 months after news of his or her death has been received by the claimant; > > > > > > > (c) in the case of a ship lost with all hands, the claim for compensation for the purposes of [section 32](#GS32@EN) [(1)](#GS32@Gs1@EN) [(b)](#GS32@Gs1@Hpb@EN) is to be made within 18 months after the date on which the ship is deemed to have been lost with all hands. > > > (9)  In this section – > > > > > ***seaman*** means a worker who is employed in any capacity on board a ship by the owner or charterer of the ship; > > > > > ***ship*** means any kind of vessel used in navigation by water, however propelled or moved, and includes all of the following if used wholly or primarily in navigation by water: > > > > > > > > (a) a barge, lighter or other floating vessel; > > > > > > > > > (b) an air-cushioned vehicle, or other similar craft; > > > > > ***State***, in a geographical sense, includes a State’s relevant adjacent area as described in [Schedule 11](#JS11@EN) .