Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 529

529 .         Connection of employment with a State

        (1)         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.

        (2)         In the case of a worker working on a ship, if no State or no one State is identified by subsection (1), 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.

        (3)         If no State is identified by subsection (1) or (if applicable) (2), a worker’s employment is connected with this State if —

            (a)         the worker is in this State when the injury occurs; and

            (b)         there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.

        (4)         In deciding whether a worker usually works in a State —

            (a)         regard must be had to the worker’s work history with the employer over the preceding period of 12 months and the intentions of the worker and employer; and

            (b)         regard must not be had to any temporary arrangement under which the worker works in a State for a period not longer than 6 months.

        (5)         Without limiting subsection (4), in deciding whether a worker usually works in a State or is usually based in a State for the purposes of employment, regard must be had to any period during which a worker works in a State or is in a State for the purposes of employment whether or not, under the statutory workers compensation scheme of that State, the person is regarded as a worker, or as working or employed, in that State.

        Note for this section:

                Section 19(3) provides that there is no liability for compensation in respect of an injury suffered by a worker outside Australia if the worker —

            (a)         has never resided in Australia; or

            (b)         has been continuously resident outside Australia for more than 24 months when the injury occurs.