South Australian Consolidated Acts

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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 58

58—Certain sporting injuries not to be compensable

        (1)         Notwithstanding any other provision of this Act, but subject to subsection (2), where—

            (a)         a worker is employed by an employer solely—

                  (i)         to participate as a contestant in a sporting or athletic activity (and to engage in training or preparation with a view to such participation); or

                  (ii)         to act as a referee or umpire in relation to a sporting or athletic contest (and to engage in training or preparation with a view to so acting); and

            (b)         remuneration is not payable under the contract of employment except in respect of such employment,

a disability arising out of or in the course of that employment is not compensable.

        (2)         This section does not apply to—

            (a)         a person authorised or permitted by a racing controlling authority within the meaning of the Authorised Betting Operations Act 2000 to ride or drive in a race within the meaning of that Act; or

            (b)         a boxer, wrestler or referee employed or engaged for a fee to take part in a boxing or wrestling match; or

            (c)         a person who derives an entire livelihood, or an annual income in excess of the prescribed amount, from employment of a kind referred to in subsection (1)(a).

        (3)         In this section—

"the prescribed amount" means—

            (a)         in relation to 1987—$27 200;

            (b)         in relation to a subsequent year—a sum (calculated to the nearest multiple of $100) that bears to $25 000 the same proportion as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1985.



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