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Contents (1987 - 70)
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Workers Compensation Act 1987 No 70
Current version for 25 March 2020 to date (accessed 2 April 2020 at 06:07)
Part 2
Part 2 Compensation—liability
9   Liability of employers for injuries received by workers—general
(cf former s 7 (1) (a))
(1)  A worker who has received an injury (and, in the case of the death of the worker, his or her dependants) shall receive compensation from the worker’s employer in accordance with this Act.
(2)  Compensation is payable whether the injury was received by the worker at or away from the worker’s place of employment.
9AA   Liability for compensation
(1)  Compensation under this Act is only payable in respect of employment that is connected with this State.
(2)  The fact that a worker is outside this State when the injury happens does not prevent compensation being payable under this Act in respect of employment that is connected with this State.
(3)  A worker’s employment is connected with—
(a)  the State in which the worker usually works in that employment, or
(b)  if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment, or
(c)  if no State or no one State is identified by paragraph (a) or (b), the State in which the employer’s principal place of business in Australia is located.
(4)  In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker’s employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than one State) the State in which the ship most recently became registered.
(5)  If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if—
(a)  the worker is in this State when the injury happens, and
(b)  there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.
(6)  In deciding whether a worker usually works in a State, regard must be had to the worker’s work history with the employer and the intention of the worker and employer. However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.
(7)  Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker’s employment.
(8)  In this section—
ship means any kind of vessel used in navigation by water, however propelled or moved, and includes—
(a)  a barge, lighter, or other floating vessel, and
(b)  an air-cushion vehicle, or other similar craft,
used wholly or primarily in navigation by water.
State includes Territory and, in a geographical sense, a State’s or Territory’s relevant adjacent area as described in Schedule 1.
9AB   Recognition of determination of State of connection in another State
(1)  If a designated court makes a determination of the State with which a worker’s employment is connected for the purposes of a corresponding law, that State is to be recognised for the purposes of section 9AA as the State with which the worker’s employment is connected.
(2)  This section does not prevent or affect the operation of a determination of the State with which a worker’s employment is connected for the purposes of section 9AA made by the Commission or a court of this State before the determination is made by a designated court.
(3)  This section does not prevent any appeal relating to any such determination of a designated court. If the determination is altered on appeal, the altered determination is to be recognised under subsection (1).
(4)  In this section—
corresponding law means the provisions of the statutory workers compensation scheme of another State that corresponds with section 9AA.
designated court means—
(a)  the Supreme Court of a State in which a corresponding law is in force, or
(b)  a court, tribunal or other decision-making body of a State in which a corresponding law is in force that is declared by the regulations to be a designated court for the purposes of this section.
State includes Territory.
9AC   Person not to be compensated twice
(1)  Compensation under this Act is not payable in respect of any matter to the extent that compensation has been received under the laws of a place other than this State.
(2)  If a person receives compensation under this Act and, for the same matter, subsequently receives compensation under the laws of a place other than this State, the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3).
(3)  The amount that is recoverable under subsection (2) is—
(a)  the amount of compensation paid under this Act, or
(b)  the amount of compensation received under the laws of a place other than this State,
whichever is less.
9A   No compensation payable unless employment substantial contributing factor to injury
(1)  No compensation is payable under this Act in respect of an injury (other than a disease injury) unless the employment concerned was a substantial contributing factor to the injury.
Note.
 In the case of a disease injury, the worker’s employment must be the main contributing factor. See section 4.
(2)  The following are examples of matters to be taken into account for the purposes of determining whether a worker’s employment was a substantial contributing factor to an injury (but this subsection does not limit the kinds of matters that can be taken into account for the purposes of such a determination)—
(a)  the time and place of the injury,
(b)  the nature of the work performed and the particular tasks of that work,
(c)  the duration of the employment,
(d)  the probability that the injury or a similar injury would have happened anyway, at about the same time or at the same stage of the worker’s life, if he or she had not been at work or had not worked in that employment,
(e)  the worker’s state of health before the injury and the existence of any hereditary risks,
(f)  the worker’s lifestyle and his or her activities outside the workplace.
(3)  A worker’s employment is not to be regarded as a substantial contributing factor to a worker’s injury merely because of either or both of the following—
(a)  the injury arose out of or in the course of, or arose both out of and in the course of, the worker’s employment,
(b)  the worker’s incapacity for work, loss as referred to in Division 4 of Part 3, need for medical or related treatment, hospital treatment, ambulance service or workplace rehabilitation service as referred to in Division 3 of Part 3, or the worker’s death, resulted from the injury.
(4)  This section does not apply in respect of an injury to which section 10, 11 or 12 applies.
9B   No compensation for heart attack or stroke unless nature of employment results in significantly greater risk
(1)  No compensation is payable under this Act in respect of an injury that consists of, is caused by, results in or is associated with a heart attack injury or stroke injury unless the nature of the employment concerned gave rise to a significantly greater risk of the worker suffering the injury than had the worker not been employed in employment of that nature.
(2)  In this section—
heart attack injury means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated with—
(a)  any heart attack, or
(b)  any myocardial infarction, or
(c)  any myocardial ischaemia, or
(d)  any angina, whether unstable or otherwise, or
(e)  any fibrillation, whether atrial or ventricular or otherwise, or
(f)  any arrhythmia of the heart, or
(g)  any tachycardia, whether ventricular, supra ventricular or otherwise, or
(h)  any harm or damage to such a blood vessel or to any associated plaque, or
(i)  any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or
(j)  any occlusion of such a blood vessel, whether the occlusion is total or partial, or
(k)  any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or
(l)  any haemorrhage from such a blood vessel, or
(m)  any aortic dissection, or
(n)  any consequential physical harm or damage, including harm or damage to the brain, or
(o)  any consequential mental harm or damage.
stroke injury means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated with—
(a)  any stroke, or
(b)  any cerebral infarction, or
(c)  any cerebral ischaemia, or
(d)  any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or
(e)  any subarachnoid haemorrhage, or
(f)  any haemorrhage from such a blood vessel, or
(g)  any harm or damage to such a blood vessel or to any associated plaque, or
(h)  any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or
(i)  any occlusion of such a blood vessel, whether the occlusion is total or partial, or
(j)  any consequential physical harm or damage, including neurological harm or damage, or
(k)  any consequential mental harm or damage.
10   Journey claims
(cf former s 7 (1) (b)–(d), (f), (g))
(1)  A personal injury received by a worker on any journey to which this section applies is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly.
(1A)  Subsection (1) does not apply if the personal injury is attributable to the serious and wilful misconduct of the worker.
(1B)  A personal injury received by a worker is to be taken to be attributable to the serious and wilful misconduct of the worker if the worker was at the time under the influence of alcohol or other drug (within the meaning of the Road Transport Act 2013), unless the alcohol or other drug did not contribute in any way to the injury or was not consumed or taken voluntarily.
(1C)    (Repealed)
(1D)  Subsection (1) does not apply if the personal injury resulted from the medical or other condition of the worker and the journey did not cause or contribute to the injury.
(2)  Subsection (1) does not apply if—
(a)  the injury was received during or after any interruption of, or deviation from, any such journey, and
(b)  the interruption or deviation was made for a reason unconnected with the worker’s employment or the purpose of the journey,
unless, in the circumstances of the case, the risk of injury was not materially increased because of the interruption or deviation.
(3)  The journeys to which this section applies are as follows—
(a)  the daily or other periodic journeys between the worker’s place of abode and place of employment,
(b)  the daily or other periodic journeys between the worker’s place of abode, or place of employment, and any educational institution which the worker is required by the terms of the worker’s employment, or is expected by the worker’s employer, to attend,
(c)  a journey between the worker’s place of abode or place of employment and any other place, where the journey is made for the purpose of obtaining a medical certificate or receiving medical, surgical or hospital advice, attention or treatment or of receiving payment of compensation in connection with any injury for which the worker is entitled to receive compensation,
(d)  a journey between the worker’s place of abode or place of employment and any other place, where the journey is made for the purpose of having, undergoing or obtaining any consultation, examination or prescription referred to in section 74 (3),
(e)  a journey between any camp or place—
(i)  where the worker is required by the terms of the worker’s employment, or is expected by the worker’s employer, to reside temporarily, or
(ii)  where it is reasonably necessary or convenient that the worker reside temporarily for any purpose of the worker’s employment,
and the worker’s place of abode when not so residing,
(f)  a journey between the worker’s place of abode and the place of pick-up referred to in clause 14 of Schedule 1 to the 1998 Act,
(g)  a journey between the worker’s place of abode and place of employment, where the journey is made for the purpose of receiving payment of any wages or other money—
(i)  due to the worker under the terms of his or her employment, and
(ii)  which, pursuant to the terms of his or her employment or any agreement or arrangement between the worker and his or her employer, are available or are reasonably expected by the worker to be available for collection by the worker at the place of employment.
(3A)  A journey referred to in subsection (3) to or from the worker’s place of abode is a journey to which this section applies only if there is a real and substantial connection between the employment and the accident or incident out of which the personal injury arose.
(4)  For the purposes of this section, a journey from a worker’s place of abode commences at, and a journey to a worker’s place of abode ends at, the boundary of the land on which the place of abode is situated.
(5)  For the purposes of this section, if the worker is journeying from the worker’s place of employment with one employer to the worker’s place of employment with another employer, the worker shall be deemed to be journeying from his or her place of abode to his or her place of employment with that other employer.
(5A)  Nothing in this section prevents the payment of compensation for any personal injury which, apart from this section, is an injury within the meaning of this Act.
(6)  In this section—
educational institution means—
(a)  a trade, technical or other training school, or
(b)  a university or other college or school providing secondary or tertiary education.
night, in the case of a worker employed on shift work, night work or overtime, has a meaning appropriate to the circumstances of the worker’s employment.
place of abode includes—
(a)  the place where the worker has spent the night preceding a journey and from which the worker is journeying, and
(b)  the place to which the worker is journeying with the intention of there spending the night following a journey.
11   Recess claims
(cf former s 7 (1) (e))
If a worker on any day on which the worker has attended at the worker’s place of employment pursuant to the worker’s contract of service or training contract—
(a)  is temporarily absent from that place on that day during any ordinary recess or authorised absence,
(b)  does not during that absence voluntarily subject himself or herself to any abnormal risk of injury, and
(c)  receives a personal injury during that absence,
the injury is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly.
11A   No compensation for psychological injury caused by reasonable actions of employer
(1)  No compensation is payable under this Act in respect of an injury that is a psychological injury if the injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the employer with respect to transfer, demotion, promotion, performance appraisal, discipline, retrenchment or dismissal of workers or provision of employment benefits to workers.
(3)  A psychological injury is an injury (as defined in section 4) that is a psychological or psychiatric disorder. The term extends to include the physiological effect of such a disorder on the nervous system.
(4)  This section does not affect any entitlement to compensation under this Act for an injury of a physical nature even if the injury is a physical symptom or effect of a psychological injury, so long as the injury is not merely a physiological effect on the nervous system.
(5)    (Repealed)
(6)  This section does not extend the definition of injury in section 4. In particular, this section does not affect the requirement in section 4 that a disease is not an injury unless it is contracted by the worker in the course of employment.
This section does not affect section 9A (No compensation payable unless employment substantial contributing factor to injury).
(7)  In the case of a claim for weekly payments of compensation in respect of incapacity for work resulting from psychological injury, the medical certificate required to accompany the claim must (in addition to complying with the requirements of section 65 of the 1998 Act) use, for the purpose of describing the worker’s condition, accepted medical terminology and not only terminology such as “stress” or “stress condition”.
(8)  If a claim is deficient because subsection (7) has not been complied with and the insurer or self-insurer concerned notifies the worker in writing of the deficiency (including details of what is required to comply with that subsection) as soon as practicable after receiving the deficient claim then (unless the insurer or self-insurer waives that requirement)—
(a)  the claim is not considered to have been duly made for the purposes of section 93 of the 1998 Act until subsection (7) is complied with, and
(b)  proceedings before the Commission cannot be commenced in respect of the claim until subsection (7) is complied with.
12   Claims by trade union representatives
(cf former s 7 (1) (h))
If—
(a)  a worker is an accredited representative of a trade union of employees, or other organisation of employees, of which any person employed by the worker’s employer is a member,
(b)  with the consent of or at the request of that employer or pursuant to an industrial award or agreement, the worker is carrying out his or her duties as such a representative (whether at the worker’s place of employment or elsewhere) or is on an associated journey, and
(c)  the worker receives a personal injury while carrying out those duties or on that journey,
the injury is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly.
13   (Repealed)
14   Conduct of worker etc
(cf former s 7 (2), (3))
(1)  Compensation is payable in respect of any injury resulting in the death or serious and permanent disablement of a worker, notwithstanding that the worker was, at the time when the injury was received—
(a)  acting in contravention of any statutory or other regulation applicable to the worker’s employment, or of any orders given by or on behalf of the employer, or
(b)  acting without instructions from the worker’s employer,
if the act was done by the worker for the purposes of and in connection with the employer’s trade or business.
(2)  If it is proved that an injury to a worker is solely attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that injury, unless the injury results in death or serious and permanent disablement.
(3)  Compensation is not payable in respect of any injury to or death of a worker caused by an intentional self-inflicted injury.
15   Diseases of gradual process—employer liable, date of injury etc
(cf former ss 7 (4), (4C), (5), 16 (1A))
(1)  If an injury is a disease which is of such a nature as to be contracted by a gradual process—
(a)  the injury shall, for the purposes of this Act, be deemed to have happened—
(i)  at the time of the worker’s death or incapacity, or
(ii)  if death or incapacity has not resulted from the injury—at the time the worker makes a claim for compensation with respect to the injury, and
(b)  compensation is payable by the employer who last employed the worker in employment to the nature of which the disease was due.
(2)  Any employers who, during the 12 months preceding a worker’s death or incapacity or the date of the claim (as the case requires), employed the worker in any employment to the nature of which the disease was due shall be liable to make to the employer by whom compensation is payable such contributions as, in default of agreement, may be determined by the Commission.
(2A)  The Commission is to determine the contributions that a particular employer is liable to make on the basis of the following formula, or on such other basis as the Commission considers just and equitable in the special circumstances of the case—
 
where—
C is the contribution to be calculated for the particular employer concerned.
T is the amount of compensation to which the employer is required to contribute.
A is the total period of employment of the worker with the employer during the 12 month period concerned, in employment to the nature of which the injury was due.
B is the total period of employment of the worker with all employers during the 12 month period concerned, in employment to the nature of which the injury was due.
(3)  Total or partial loss of sight which is of gradual onset shall for the purposes of subsection (1) be deemed to be a disease and to be of such nature as to be contracted by gradual process.
(4)  In this section, a reference to an injury includes a reference to a permanent impairment for which compensation is payable under Division 4 of Part 3.
(4A)  In this section, a reference to employment to the nature of which a disease was due includes a reference to employment the nature of which was a contributing factor to the disease.
(5)  This section does not apply to an injury to which section 17 applies.
16   Aggravation etc of diseases—employer liable, date of injury etc
(cf former ss 7 (4A), (5), 16 (1A))
(1)  If an injury consists in the aggravation, acceleration, exacerbation or deterioration of a disease—
(a)  the injury shall, for the purposes of this Act, be deemed to have happened—
(i)  at the time of the worker’s death or incapacity, or
(ii)  if death or incapacity has not resulted from the injury—at the time the worker makes a claim for compensation with respect to the injury, and
(b)  compensation is payable by the employer who last employed the worker in employment that was a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration.
(2)  Any employers who, during the 12 months preceding a worker’s death or incapacity or the date of the claim (as the case requires), employed the worker in any such employment shall be liable to make to the employer by whom compensation is payable such contributions as, in default of agreement, may be determined by the Commission.
(2A)  The Commission is to determine the contributions that a particular employer is liable to make on the basis of the following formula, or on such other basis as the Commission considers just and equitable in the special circumstances of the case—
 
where—
C is the contribution to be calculated for the particular employer concerned.
T is the amount of compensation to which the employer is required to contribute.
A is the total period of employment of the worker with the employer during the 12 month period concerned, in employment that has been a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration concerned.
B is the total period of employment of the worker with all employers during the 12 month period concerned, in employment that has been a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration concerned.
(3)  In this section, a reference to an injury includes a reference to a permanent impairment for which compensation is payable under Division 4 of Part 3.
(4)  This section does not apply to an injury to which section 17 applies.
17   Loss of hearing—special provisions
(cf former s 7 (4B), (4BB))
(1)  If an injury is a loss, or further loss, of hearing which is of such a nature as to be caused by a gradual process, the following provisions have effect—
(a)  for the purposes of this Act, the injury shall be deemed to have happened—
(i)  where the worker was, at the time when he or she gave notice of the injury, employed in an employment to the nature of which the injury was due—at the time when the notice was given, or
(ii)  where the worker was not so employed at the time when he or she gave notice of the injury—on the last day on which the worker was employed in an employment to the nature of which the injury was due before he or she gave the notice,
(b)  the provisions of section 61 of the 1998 Act shall apply to or in respect of the injury as if the words “as soon as practicable after the injury happened and before the worker has voluntarily left the employment in which the worker was at the time of the injury” were omitted therefrom,
(c)  compensation is payable by—
(i)  where the worker was employed by an employer in an employment to the nature of which the injury was due at the time he or she gave notice of the injury—that employer, or
(ii)  where the worker was not so employed—the last employer by whom the worker was employed in an employment to the nature of which the injury was due before he or she gave the notice,
(d)  an employer (not being an employer referred to in paragraph (c) (i) or (ii)) by whom the worker was employed in an employment to the nature of which the injury was due during the relevant period (as defined in paragraph (e)) shall be liable to make to an employer referred to in paragraph (c) (i) or (ii) a contribution which bears to the amount of compensation payable the same proportion as the period of that employment during the relevant period bears to the total period of employment of that worker in an employment to the nature of which the injury was due during the relevant period,
(e)  in paragraph (d), the relevant period means—
(i)  where the worker has not had a prior injury (being a loss of hearing or a further loss of hearing)—in relation to an injury, the period of 5 years immediately preceding the date when a notice is given in respect of the injury,
(ii)  where the worker has had one or more prior injuries (being losses of hearing or further losses of hearing) which or all of which, as the case may be, are deemed under this Act to have happened at a time more than 5 years before the date when a notice is given in respect of a further injury—in relation to the further injury, the period of 5 years immediately preceding the date when that notice was given, and
(iii)  where the worker has had not more than one, or more than one, prior injury (being a loss of hearing or a further loss of hearing) which or the last of which, as the case may be, is deemed under this Act to have happened at a time during the 5 years immediately preceding the date when a notice is given in respect of a further injury—in relation to the further injury, the period between the time when that prior injury is deemed to have happened and the date when that notice was given,
(f)  where the Commission is satisfied that a contribution required to be made under paragraph (d) cannot be recovered by an employer referred to in paragraph (c), the Commission may direct the Nominal Insurer to pay to that employer out of the Insurance Fund such amount, not exceeding the amount of the contribution, as the Commission considers appropriate and the Nominal Insurer is to pay out that amount accordingly as if it were a payment made in respect of a claim under Division 6 of Part 4,
(g)  where there is a dispute as to the amount of a contribution required to be made under paragraph (d), that dispute shall be deemed to be a matter or question arising under this Act.
(2)  Without limiting the generality of subsection (1), the condition known as “boilermaker’s deafness” and any deafness of a similar origin shall, for the purposes of that subsection, be deemed to be losses of hearing which are of such a nature as to be caused by a gradual process.
(3)  Compensation is payable by an employer as referred to in subsection (1) (c) in respect of the injury to which the notice given to the employer relates even if the worker, before claiming or receiving that compensation, commences employment (to the nature of which that kind of injury can be due) with another employer.
18   Special insurance provisions relating to occupational diseases
(cf former s 18 (6A)–(6C))
(1)  If an employer has become liable under section 15 (1) (b) or 16 (1) (b) to pay compensation to a worker in respect of an injury and the time at which the injury is deemed to have happened is after the worker ceased to be employed by the employer, the liability of the employer is, despite sections 15 and 16, taken to have arisen immediately before the worker ceased to be employed by the employer. This subsection operates only for the purpose of determining whether any insurer or which of 2 or more insurers is liable under a policy of insurance in respect of that compensation.
(2)  Where—
(a)  an employer (in this subsection referred to as the contributor) has become liable under this Act to make a contribution to another employer towards compensation payable by that other employer in respect of an injury to a worker (being an injury referred to in section 15, 16 or 17), and
(b)  on the last day of the period in respect of which the contributor was liable to make the contribution, the contributor was maintaining in force a policy of insurance,
the insurer under that policy is—
(c)  directly liable, with the contributor, to pay the contribution to the employer who is liable to pay the compensation, and
(d)  liable to indemnify the contributor to the extent that the contributor pays the contribution.
(3)  In a case to which section 15, 16 or 17 applies, if each of the employers who is liable to pay the compensation or to make a contribution under the section concerned is insured in respect of that liability by an insurer who is an insurer within the meaning of Division 4 of Part 7 and the entitlement of the worker (or other claimant) to receive compensation is not disputed—
(a)  a contribution that would otherwise be payable by an employer under section 15, 16 or 17 in respect of the claim is not payable, and
(b)  for the purposes of calculating an insurance premium payable by any of those employers, their claims histories are to be determined on the assumption that any contribution that would have been payable but for paragraph (a) was payable.
19   Presumptions relating to certain employment
(cf former s 7 (4D), (4E))
(1)  If a worker, during a time when the worker is engaged in employment of a kind prescribed by the regulations as an employment to which this subsection applies, contracts a disease prescribed by the regulations as a disease that is related to employment of that kind, then for the purposes of this Act, unless the contrary is established—
(a)  the disease shall be deemed to have been contracted by the worker in the course of the employment in which the worker was so engaged, and
(b)  that employment shall be deemed to have been a substantial contributing factor to the disease.
(2)  For the purposes of this Act, the disease brucellosis, Q fever or leptospirosis shall be deemed to have been contracted by a worker if the result of any medical test—
(a)  which complies with such requirements as are prescribed by the regulations in relation to that disease, and
(b)  which was carried out for the purpose of determining whether that worker has contracted that disease,
is a result prescribed by the regulations in respect of that disease.
19A   Presumptions relating to certain cancers—firefighters
(1)  In the application of this Act to a worker who is an eligible firefighter, it is presumed (unless the contrary is established) that the disease contracted by the worker was contracted in the course of the worker’s firefighting employment and that employment was—
(a)  for the purposes of the definition of disease injury in section 4, a contributing factor to contracting the disease, and
(b)  for the purposes of section 9A, a substantial contributing factor to contracting the disease.
Note.
 Amendments made to section 9A and the definition of disease injury in section 4 by Schedule 7 to the Workers Compensation Legislation Amendment Act 2012 do not apply to police officers, paramedics or firefighters. See clause 25 of Part 19H of Schedule 6 to this Act.
(2)  A worker is an eligible firefighter if the worker—
(a)  has, at any time, been engaged in firefighting employment, and
(b)  has contracted a disease that is a cancer of a kind specified in Schedule 4.
(3)  A worker has been engaged in firefighting employment if—
(a)  the worker has, at any time, been employed by any person, body or agency (or former body or agency) prescribed for the purposes of this section by the regulations, and
(b)  in the course of that employment, the worker has performed firefighting activities.
(4)  This section does not apply to a disease contracted by an eligible firefighter if the total aggregate period during which the worker has been engaged in firefighting employment as at the date of injury (the service period) is less than the qualifying service period specified for the disease in Schedule 4.
(5)  Any period during which an eligible firefighter has served in the capacity of an eligible volunteer firefighter is to be counted towards the service period.
(6)  However, any period during which the eligible firefighter concurrently serves as an eligible volunteer firefighter and engages in firefighting employment is to be counted once only.
(7)  For the purposes of the application of section 261 of the 1998 Act to a disease to which a presumption under this section applies, the period required by that section for the making of a claim for compensation in respect of the disease is taken to commence on the date of injury in relation to the disease (regardless of when the eligible firefighter or any other person first became aware of the disease).
(8)  Any compensation payable on the basis of a presumption under this section to an eligible firefighter who, on the last day of the service period, concurrently served as an eligible volunteer firefighter and engaged in firefighting employment with an employer is payable under this Act by that employer.
(9)  In this section—
date of injury, in relation to a disease, means the date of whichever of the following occurs first—
(a)  the disease is first diagnosed by a medical practitioner,
(b)  the firefighter dies as a result of the disease.
eligible volunteer firefighter means an official fire fighter within the meaning of Part 2 of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987.
firefighting activities means any of the following activities performed by a worker—
(a)  extinguishing, controlling or preventing the spread of fire,
(b)  bush fire hazard reduction work within the meaning of the Rural Fires Act 1997,
(c)  the provision of training or instruction in the performance of an activity referred to in paragraph (a) or (b) resulting in exposure of the worker to smoke or other hazards of fire.
20   Principal liable to pay compensation to workers employed by contractors in certain cases
(cf former s 6 (3))
(1)  If any person (in this section referred to as the principal) in the course of or for the purposes of the person’s trade or business, contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal is, if the contractor does not have a policy of insurance or is not a self-insurer at the time a worker employed in the execution of the work receives an injury, liable to pay any compensation under this Act which the principal would have been liable to pay if that worker had been immediately employed by the principal.
(2)  If compensation is claimed from or proceedings are taken against the principal in respect of any such injury, then, in the application of this Act, reference to the principal shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom the worker is immediately employed.
(3)  Notwithstanding subsection (1), where the contract relates to threshing, chaff-cutting, ploughing or other agricultural work, and the contractor provides and uses machinery driven by mechanical power for the purposes of that work, the contractor (and no other person) shall be liable under this Act to pay compensation to any worker employed by the contractor on that work.
(4)  If the principal is liable to pay compensation under this section, the principal is entitled to be indemnified by any person who would have been liable to pay compensation to the worker independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be determined by the Commission.
(5)  Nothing in this section shall be construed as preventing a worker recovering compensation under this Act from the contractor instead of the principal.
(6)  This section does not apply in any case where the injury occurred elsewhere than on, in or about premises on which the principal has undertaken to execute the work or which otherwise are under the principal’s control or management, but nothing in the foregoing affects the liability of the contractor under any other provision of this Act.
(7)  This section does not render the owner of a farm liable to pay compensation as principal in respect of any worker employed by a share farmer.
(8)  If—
(a)  a principal under a contract referred to in subsection (1) is, at the time of an injury to a worker employed in the execution of the work under the contract, insured under a policy of insurance in respect of workers other than the workers employed in the execution of the work under the contract,
(b)  compensation payable by the principal under subsection (1) in respect of the injury is paid by the principal’s insurer, and
(c)  the principal has not, in respect of the policy, paid to the insurer a premium in respect of the principal’s liability under subsection (1),
the principal is liable to pay the insurer, in addition to the premium payable or paid in respect of the policy, a premium calculated having regard to—
(d)  the Workers Compensation Market Practice and Premiums Guidelines, and
(e)  the wages paid to the workers employed in the execution of the work under the contract during the term of the policy.
(9)  A principal under a contract referred to in subsection (1) is not, under subsection (8), liable to pay in respect of a policy of insurance more than one additional premium in respect of the workers employed in the execution of the work under the contract.
(10)  In the event of a disagreement between a principal and insurer as to whether or not an additional premium is payable under subsection (8) or as to the amount of an additional premium payable under that subsection, the Authority may, on the request of either party, determine the matter.
(11)  A determination by the Authority under subsection (10) shall have effect according to its tenor and shall not be subject to review or appeal.
21   (Repealed)
22   Compensation to be apportioned where more than one injury
(1)  If—
(a)  the death or incapacity of a worker, or
(b)  a permanent impairment suffered by a worker as referred to in Division 4 of Part 3, or
(c)  a liability under Division 3 of Part 3 to a worker,
results from more than one injury to the worker, liability to pay compensation under this Act is to be apportioned in such manner as the Commission determines.
(1A)  Death, incapacity, loss or liability that results partly from one injury and partly from one or more other injuries is taken to have resulted from more than one injury.
(2)  Liability to pay compensation under this Act includes—
(a)  the liability of an employer (including an employer who is a self-insurer), and
(b)  the liability of an insurer under a policy of insurance in respect of the payment of that compensation (including a direct liability to the worker), and
(c)  a liability in respect of a claim under Division 6 of Part 4, and
(d)  in the case of a worker who is partially incapacitated for work, a liability that arises because the worker is entitled to be compensated under this Act as if totally incapacitated.
(3)  Liability to pay compensation under this Act is not to be apportioned by the Commission if the parties to whom the liability relates have agreed on the apportionment.
(4)  Liability to pay compensation under this Act may be apportioned by the Commission even though it is the liability of a single insurer in respect of different periods of insurance, but only if the employer or the Authority applies for such an apportionment.
(5)  The Commission may, on the application of any insurer or employer concerned or of the Authority, determine a dispute as to whether—
(a)  liability to pay compensation under this Act should be apportioned under this section, or
(b)  any such liability should be apportioned under this section in respect of different injuries.
The determination of the Commission has effect despite any agreement on apportionment if the application for determination was made by an employer (in the employer’s own right) or the Authority.
(6)    (Repealed)
(7)  A person who is liable to pay compensation under this Act is not entitled in any proceedings under this Act to a reduction in that liability by apportionment on account of the existence of any other person who is also liable to pay any part of that compensation unless that other person is a party to the proceedings.
(8)  This section applies to any liability arising before or after the commencement of this Act.
22A   Further provisions concerning apportionment of liability under section 22
(1)  The apportionment of liability under section 22 is—
(a)  in the case of the apportionment of liability between employers—to be on the basis of the relative length of the worker’s employment with each employer concerned (not including any period of employment after the last relevant injury was received), or on such other basis as the Commission considers just and equitable in the special circumstances of the case, and
(b)  in the case of the apportionment of liability between insurers of the same employer—to be on the basis of the relative length of the employer’s period of insurance with each insurer concerned during which the worker concerned was employed by the employer (not including any period of insurance after the last relevant injury was received), or on such other basis as the Commission considers just and equitable in the special circumstances of the case.
(2)    (Repealed)
(3)  Liability may be apportioned under section 22 even if the liability has been discharged.
(4)  When liability to pay compensation is apportioned under section 22 between 2 or more persons, the Commission may order that the compensation is payable to the worker by one of those persons and that the other persons are to pay (by way of contribution) their apportioned share of that compensation to that person.
(5)  The person ordered under subsection (4) to pay compensation to the worker is to be—
(a)  in the case of apportionment between employers—the employer who most recently employed the worker, or such other of the employers as the Commission considers reasonable in the special circumstances of the case, and
(b)  in the case of apportionment between insurers—the insurer of the employer at the time of the last injury, or such other of the insurers as the Commission considers reasonable in the special circumstances of the case.
(6)  An order is not to be made under subsection (4) if the parties concerned have agreed as to the payment by one of them of the compensation concerned.
(7)  In this section a reference to an insurer includes a reference to a self-insurer and a reference to a period of insurance includes a reference to a period of self-insurance. A liability in respect of a claim under Division 6 of Part 4 is for the purposes of this section taken to be a liability of the insurer of the employer concerned during the period that is relevant to that liability.
(8)  In a case to which section 22 applies, if all of the insurers concerned (being either insurers of the same employer or of the different employers concerned) are insurers within the meaning of Division 4 of Part 7 and the entitlement of the worker (or other claimant) to receive compensation is not disputed—
(a)  the compensation is (despite subsection (5)) payable by the last insurer or the last employer (as relevant to the case), with no apportionment of liability under section 22, and
(b)  for the purposes of calculating an insurance premium payable by any of those employers, their claims histories are to be determined on the assumption that liability had been apportioned under section 22 (without the need for a determination of, or agreement as to, that apportionment).
(9)  The operation of section 22 is not to be limited because of the fact that it provides for liability to be apportioned rather than providing for payment of contributions.
22B   Determination as to which injury gave rise to compensation liability
(1)  The Commission may, on the application of an employer (in the employer’s own right) or of the Authority, determine a dispute as to which injury, from among 2 or more alleged injuries, has given rise to a liability to pay compensation under this Act.
(2)  Such a determination may be made irrespective of any agreement and irrespective of whether the payment of any contribution is ordered under section 15 or 16 or any apportionment of liability is ordered under section 22.
22C   Certain injuries not to be dealt with under sections 15 and 16
(1)  This section applies to an injury that is of a kind, or that occurs in circumstances, prescribed by the regulations for the purposes of this section.
(2)  The regulations may provide that either or both of sections 15 and 16 is or are not to apply to an injury to which this section applies and that instead section 22 is to apply to the injury.
(3)  The regulations may provide that section 15 (1) (a) or 16 (1) (a) is, for the purposes of all or specified provisions of this Act, to apply in respect of an injury to which this section applies.
(4)  A regulation made for the purposes of this section extends to apply to an injury that happened before the commencement of the regulation, but only if—
(a)  death, incapacity, loss or liability as referred to in section 22 results from that injury and one or more other injuries, and
(b)  at least one of those other injuries happened after the commencement of the regulation.
(5)  A regulation made for the purposes of this section does not (despite subsection (4)) affect any liability of an employer or insurer to pay compensation or a contribution, or any liability of an insurer to indemnify an employer, that arose before the commencement of the regulation, unless the Commission otherwise orders.
23   Age or residence not relevant to liability
(cf former ss 53D, 72)
Compensation under this Act is payable to a person, and proceedings for the recovery of compensation under this Act may be instituted by a person, even though—
(a)  the person is under the age of 18 years, or
(b)  the person resides, or at any time resided, outside New South Wales.
24   Illegal employment
(cf former s 53I)
If, in any proceedings for the recovery of compensation under this Act, it appears that the contract of service or training contract under which the injured person was engaged at the time when the injury happened was illegal, the matter may be dealt with as if the injured person had at that time been a worker under a valid contract of service or training contract.