44Section 101A inserted

44 Section 101A inserted

After section 101 of the Principal Act , the following section is inserted in Division 15:

101A.   Workers rehabilitation provisions apply to youth performing community service

(1)  A youth performing community service is, for the purposes of the Workers Rehabilitation and Compensation Act 1988 , taken to be a worker who is employed by the Crown and who is being paid at the greater of the following rates:

(a) a rate equal to the basic salary within the meaning of that Act;

(b) the rate of the youth's normal weekly earnings, if any, within the meaning of section 69 of that Act.

(2)  For the purposes of this section, a youth is performing community service if he or she is –

(a) performing a required activity for the purposes of –

(i) an undertaking entered into by the youth under section 10(2)(c) or section 16(1)(e) ; or

(ii) a community service order; or

(b) making a required journey.

(3)  For subsection (2)(a) , a youth is taken to be performing a required activity for the purposes of an undertaking or order referred to in that paragraph if he or she is –

(a) reporting to his or her youth justice worker for the purposes of the undertaking or order; or

(b) performing community service in accordance with the undertaking or order; or

(c) doing something else at the request or direction of, or with the express or implied authority of, the youth's youth justice worker.

(4)  For subsection (2)(b) , a required journey is a journey made for the purposes of, or in connection with, a required activity.