31AEmployment connection test

31A Employment connection test

[Section 31A of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(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;