Workplace Injury Rehabilitation and Compensation Act 2013
231Modification of cars and homes
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231 Modification of cars and homes
(1) Unless the Authority or a self-insurer otherwise determines, the Authority or self-insurer is not liable to pay the reasonable costs, or contribute a reasonable amount, referred to in subsection (2), (3) or (5) unless the Authority or self-insurer approved the worker's requirement, and its costs, before the costs were incurred.
(2) If a worker, as a result of his or her injury, reasonably requires a car used by him or her in Australia to be modified, the Authority or self‑insurer is liable—
(a) to pay the reasonable costs of modifying the car; or
(b) if the car is not capable of being modified, to contribute a reasonable amount to the purchase cost of a suitably modified car selected by the Authority or self-insurer.
(3) If a worker, as a result of his or her injury, reasonably requires access to a car, and he or she does not have access to a car, the Authority or self-insurer is liable to contribute a reasonable amount to the purchase cost of a suitable car selected by the Authority or self-insurer.
(4) Without limiting the factors the Authority or
self-insurer may consider in determining what
is a reasonable amount for the purposes of subsections (2)(b) and (3), the Authority or self‑insurer must have regard to the following factors so far as they are applicable—
(a) the current market value of the car used by the worker at the time of the injury;
(b) if that car is no longer used by the worker, the market value of the car at the time of the injury;
(c) how often the worker was using a car at the time of the injury;
(d) how often the worker will, or is likely to, use a car in future;
(e) the market value of any other car that the worker uses.
(5) If a worker, as a result of his or her injury, reasonably requires that a home in which he or she resides in Australia be modified, the Authority or self-insurer is liable—
(a) to pay the reasonable costs of modifying the home; or
(b) if for any reason the home cannot be reasonably modified, to contribute a reasonable amount—
(i) to the purchase cost of a semi‑detachable portable unit; or
(ii) to the cost of relocating the worker to another home that is suitable for the worker or that is capable of being reasonably modified.
(6) Without limiting the factors the Authority or self‑insurer may consider in determining the reasonable costs or amount for the purposes of subsection (5), the Authority or self-insurer must have regard to the following factors—
(a) whether the home in which the worker resides is structurally suitable for modification;