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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3485 ..


8I Effect of living outside Australia if compensation still payable (ACT WCA sch 1 cl 14)

(1) This section applies if the worker lives outside Australia but is, apart from this section, still entitled to weekly compensation.

Note A worker living outside Australia is still entitled to compensation if s 8H (2) applies to the worker.

(2) The worker is not entitled to weekly compensation, but is entitled to receive quarterly the amount of the weekly compensation payable during the previous quarter.

(3) However, the worker is entitled to receive quarterly payment of compensation only if the worker proves the worker's identity and that the worker continues to be incapacitated by the incapacity in relation to which the weekly compensation is payable.

(4) In this section:

10 quarter means a period of 3 months beginning on 1 July, 1 October, 1 December or 1 April.

8J Effect of payment of weekly compensation on other benefits etc

This part is not intended to affect an entitlement that, apart from this Act, the worker has to a benefit or payment except so far as a law in force in the Territory otherwise applies.

Examples of benefits not affected

1 accrual of long service leave

2 accrual of annual leave

8K No assignment etc of weekly compensation

(ACT WCA sch 4, cl 13)

Weekly compensation (including compensation payable under section 8I (Effect of living outside Australia if compensation still payable)) may not-

(a) be assigned, charged or attached; and

(b) pass to anyone else by operation of law; and

(c) have a claim set off against it.

Part 4.4 Compensation for permanent injuries

8L Meaning of loss (NSW WCA s 65)

In this chapter:

11 loss , in relation to a thing-

12 means-

13 the loss of the thing; or

14 the permanent loss of the use, or efficient use, of the thing; and

15 includes the following:

16 permanent musculoskeletal impairment, or another permanent impairment;

17 a loss, damage, impairment, disfigurement or disease mentioned in schedule 1 (Compensation for permanent injuries).

8M Meaning of single loss amount

In this part:

18 single loss amount means $100 000 cpi indexed.


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