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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
|Requested: 11 Mar 2014|
|Consolidated as at: 21 Feb 2012|
26. When employment is "connected with this State"
(1) A workers employment is, in respect of a relevant employment period, connected with
(a) the State where the worker usually worked in the employment during that period; or
(b) if no State, or no single State, is identified by paragraph (a), the State where the worker was usually based for the purposes of the employment during that period; or
(c) if no State, or no single State, is identified by paragraph (a) or (b), the State where the employers principal place of business in Australia was located during that period.
(2) The fact that a worker is outside this State during a relevant employment period does not prevent compensation being payable under this Act, if the employment is, during that period, connected with this State in accordance with this Division.
(3) For a worker working on a ship, if no State, or no single State, is identified by subsection (1), the workers employment is, while working on the ship in a relevant employment period, connected with
(a) the State where the ship was registered during that period; or
(b) if the ship is registered in more than one State during that period, the State where the ship last became registered during that period.
(4) For the purposes of the calculation of the worker's connection with a State, if no State is identified for a worker by the application of subsections (1) and (3), the workers employment is connected with this State during a relevant employment period if
(a) it is reasonably likely that the person was exposed to asbestos in the course of the person's employment as a worker in this State; and
(b) the worker is not entitled to compensation, in relation to an asbestos-related disease that the worker has, under a law of relating to workers compensation or compensation for asbestos-related diseases.
(i) an external Territory; or
(ii) a place outside Australia
(5) In deciding whether a person usually worked in a State during a relevant employment period
(a) regard must be had to the history of the person's engagement in an occupation including, where applicable to that period, the person's occupational history during the relevant employment period; and
(b) regard must be had to any part of that period during which the worker worked in a State, or was in a State, for the purposes of employment, whether or not the worker is regarded as working or employed in that State under a law relating to workers compensation or compensation for asbestos-related diseases; and
(c) regard must not be had to any temporary arrangement under which the worker works in a State for a period of 6 months or less.
(6) Compensation under this Act is not payable in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the workers employment.