Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this section—
“Compensation Act” means the Workers' Compensation Act 1951 ;
“overtime” has the same meaning as in the Compensation Act.
(2) While a child is working pursuant to an attendance centre order the Compensation Act applies in relation to the child as if—
(a) the child, in so working, were employed by the Territory under a contract of service;
(b) paragraphs (b) and (c) of the definition of “worker” in subsection 6 (1) of the Compensation Act were omitted;
(c) for subparagraph 1 (c) (i) of Schedule 1 to the Compensation Act there were substituted the following subparagraph:
‘(i) of the amount referred to in subparagraph (b) (i); or'; and
(d) subparagraphs 2 (b) (i) and (ii) of Schedule 1 to the Compensation Act were omitted.
(3) Notwithstanding clause 1A of Schedule 1 to the Compensation Act, for the purposes of the application of that Act in accordance with subsection (2), the prescribed amount applicable to a child in respect of a week, for the purposes of paragraph 1 (b) of that Schedule, is—
(a) in the case of a child who, immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of the child arose—
(i) was carrying on a business on his or her own account; or
(ii) was unemployed and was not carrying on a business on his or her own account but who, at any time during the period of 12 months ending immediately before the day on which that liability arose, was employed or was carrying on a business on his or her own account;
the amount calculated by dividing by 52 the amount that is equal to the income of the child during the period of 12 months ending immediately before the day on which that liability arose;
(b) in the case of a child who was unemployed immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of the child arose, not being a child referred to in paragraph (a)—nil; and
(c) in any other case—an amount equal to the income of the child in respect of the period of 7 days ending immediately before the day on which the liability of the Territory under the Compensation Act to pay compensation to or in respect of the child arose.
(4) A reference in paragraph (3) (c) to income, in relation to a child, shall not be read as including a reference to—
(a) a payment in respect of overtime;
(b) an allowance that is intermittent or is payable in respect of special expenses incurred or likely to be incurred by the child; or
(c) where the child had more than 1 occupation during the period of 7 days referred to in that paragraph—income derived by the child from an occupation other than his or her principal occupation.
(5) Where—
(a) the Territory would, but for this subsection, be liable under the Compensation Act to pay an amount of compensation to, or in respect of, a child in relation to a period, being the whole or a part of a period during which the child is totally incapacitated for work; and
(b) a person who is an employer of the child is liable, by reason of the child's total incapacity for work, to make a payment to the child by way of salary or wages in relation to that firstmentioned period;
the Territory shall not be liable to pay that amount under the Compensation Act but shall pay to the employer so much of that amount as does not exceed the amount payable to the child by the employer, and the balance (if any) of that amount shall be taken to be compensation payable by the Territory under the Compensation Act to or in respect of the child in relation to that firstmentioned period.
(6) Notwithstanding the preceding provisions of this section, no amount is payable in respect of a child—
(a) if the child was employed only in work of a casual nature; or
(b) in the case of a child who was unemployed—unless the child was qualified to receive an unemployment benefit under the Social Security Act 1947 of the Commonwealth.