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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3496 ..
(3) Compensation is not payable if it is proved that the injury to the worker is attributable to the worker's serious and wilful misconduct, unless the injury results in death or serious and permanent disablement.
(4) In subsection (3), the personal injury received by the worker is attributable to the serious and wilful misconduct of the worker if-
(a) at the time of the injury, the worker was under the influence of alcohol or another drug, unless the alcohol or other drug did not contribute to the injury or was not consumed or taken voluntarily; or
(b) the injury was otherwise attributable to the serious and wilful misconduct of the worker.
(5) In this section:
32 drug -see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
10F No compensation while imprisoned
A worker who is otherwise entitled to compensation under this Act is not entitled to compensation for a period when the worker is imprisoned because the worker has been convicted of an offence against a law of the Territory, a State, the Commonwealth or another Territory.18.
Proposed new clause 11A
Page 22, line 19-
After clause 11, insert the following new clause:11A New chapter 5
Chapter 5 Injury management process
Part 5.1 Object and definitions for chapter 5
10H Object of ch 5 (NSW WIMWCA s 41)
The object of this chapter is to establish a system the aim of which is to achieve the best results for the timely, safe and durable return to work of workers following workplace injuries.10I Definitions for ch 5 (NSW WIMWCA s 42 (1))
In this chapter:
33 injured worker means a worker who has received a workplace injury.
34 injury management means the process that consists of activities and procedures that are carried out or established to achieve a timely, safe and durable return to work for injured workers.
35 injury management program means a coordinated and managed program that integrates all aspects of injury management (including treatment, rehabilitation, retraining, claims management and employment management practices) to achieve the best results for a timely, safe and durable return to work of injured workers.
36 injury notice -see section 10O (2) (Early notification of workplace injury).
37 insurer means an approved insurer or self-insurer.
38 nominated treating doctor , for an injured worker, means the doctor or medical practice nominated under section 10X (Nomination of doctor for personal injury plan).
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