76Additional compensation for travelling expenses

76 Additional compensation for travelling expenses

(1)  [Section 76 Subsection (1) substituted by No. 99 of 2000, s. 39, Applied:01 Jul 2001] Where an employer of a worker is, under section 25 , liable to pay compensation in accordance with this Act, the employer is liable to pay to the worker or his or her dependants the lesser of –

(a) the reasonable expenses necessarily incurred by the worker for travelling and maintenance in connection with all or any of the following purposes:

(i) [Section 76 Subsection (1) amended by No. 39 of 2017, s. 19, Applied:01 Jan 2018] to undergo any medical examination required under section 90A(2) ;

(ii) to obtain the medical services, hospital services or rehabilitation services in respect of which he or she is entitled to compensation under this Division; or

(b) such amount as may be prescribed.

(2)  In addition to paying the reasonable expenses incurred by a worker under subsection (1) , his employer is liable to pay the reasonable expenses necessarily incurred by a person who attends the worker while he is travelling in connection with a purpose to which that subsection applies, but only if a medical practitioner certifies, in writing, that it is necessary in the circumstances that the worker be accompanied by some other person while he is travelling for that purpose.

(3)  [Section 76 Subsection (3) amended by No. 85 of 2009, s. 23, Applied:01 Jul 2010] *[Section 76 Subsection (3) inserted by No. 16 of 1995, s. 52 ]*If the reasonable expenses necessarily incurred–

(a) by a worker for travelling and maintenance in connection with all or any of the purposes specified in subsection (1) ; or

(b) by a person who attends the worker while that person is travelling in connection with a purpose to which subsection (1) applies–

involves the use of a private motor vehicle, the amount payable for the use of that motor vehicle is to be calculated at the rate payable to an occasional user of a private motor vehicle under the Tasmanian State Service Award or any industrial award, agreement or determination that replaces that award.