TASIn ForceAct
Workers Rehabilitation and Compensation Act 1988
4Application of Act
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### 4 Application of Act
> > (1) This Act binds the Crown, not only in right of Tasmania but also, so far as the legislative power of Parliament permits, in all its other capacities and, accordingly, applies in respect of a worker employed by or on behalf of the Crown.
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> > (2) For the purposes of this Act, a police officer shall be deemed to be in the service of the Crown.
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> > (3) This Act does not apply in respect of an injury which occurred before the day fixed under [section 2](#GS2@EN) [(2)](#GS2@Gs2@EN) .
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> > (4) In relation to an injury to which this Act does not apply by virtue of [subsection (3)](#GS4@Gs3@EN) , the [repealed Act](/view/html/inforce/2026-04-12/act-9999-999#) continues to apply as if this Act had not been enacted and any claim, application, matter, or proceeding in relation to such an injury shall be heard and determined as if this Act had not been enacted.
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> > (5) This Act shall not apply to any person –
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> > > > (a) [*\[Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS5@Hpa@EN) whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer's trade or business; or
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> > > > (b) [*\[Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS5@Hpb@EN) who is an outworker; or
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> > > > (c) who is a domestic servant in a private family, and has not completed 48 hours' employment with the same employer at the time when he suffers injury; or
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> > > > (d) [*\[Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS5@Hpc@EN) who is a member of the crew of a fishing boat, and is remunerated wholly or mainly by a share in the profits or gross earnings of that boat; or
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> > > > (da) [*\[Section 4 Subsection (5) amended by No. 39 of 2017, s. 5, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS5@EN) who is employed by or on behalf of the Crown in right of the Commonwealth or by a person, or body, that is licensed, or taken to be licensed, under Part VIII of the *Safety, Rehabilitation and Compensation Act 1988* of the Commonwealth; or
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> > > > (e) [*\[Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS5@Hpd@EN) notwithstanding [section 4D](#GS4D@EN) , who is participating in an approved program of work for unemployment payment under the *Social Security Act 1991* of the Commonwealth –
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> > and no such person shall be deemed to be a worker within the meaning of this Act.