Workers compensation – Cross border information

This information bulletin provides guidelines to help provide employers with a level of consistency on how cross border workers compensation provisions may be applied throughout Australia.

“State of connection” test

The test assists you in deciding the State of connection for your worker. The objective is that if you employ a worker who works for you in more than one State or Territory, you will only need to have workers compensation insurance for that worker in one State or Territory (the State of connection).

What is the test and how does it operate?

The test is made up of FIVE STEPS. It is important that you always start with step 1. After that, it is only necessary to consider the next step if the previous step does not decide your worker’s State of connection.

Step 1 – Where does your worker usually work?

If your worker usually works within a single State or Territory, then that State or Territory is your worker’s State of connection.

CONSIDER:

  • The worker’s work history with the employer over the previous 12 months.
  • The intentions of the employer and worker in the terms of any contract. (You are not required to take into account any temporary working arrangement of six months or less that may arise under the contract between you and your worker).
  • The location or locations in which your worker works in a habitual or regular manner. Your worker’s state of connection is not simply the State or Territory where your worker spends the majority or greatest proportion of their time working for you.

Step 2 – Where is your worker usually based?

Only consider step 2 if step 1 does not identify a single State or Territory in which your worker usually works.

If your worker works in more than one State or Territory, but is usually based at a place in a State or Territory then that base is your worker’s State of connection.

CONSIDER:

2.1

If your worker usually works for you in more than one State or Territory but is provided with a place which you expect the worker to operate from then your worker is usually based at that place and the State or Territory in which the base is located is the State of connection.

2.2

If step 2.1 does not decide the State of Connection, but there is a place from which your worker routinely receives day to day work instructions or directions, then your worker is usually based at that place and the State or Territory in which it is located is the State of connection.

2.3

If step 2.2 does not decide the State of Connection, but there is a place the worker attends to collect materials for the purposes of their employment, then your worker is usually based at that place and the State or Territory in which it is located is the State of connection.

2.4

If step 2.3 does not decide the State of Connection, but there is a place where the worker reports for administrative, human resources and other non-specific related employment issues, then your worker is usually based at that place and the State or Territory in which it is located is the State of connection.

2.5

If neither of steps 2.1 to 2.4 decides the State of connection, then you must consider step 3 in the table on the
previous page.

Step 3 – State or Territory in which your principal place of business in Australia is located?

Only consider step 3 if your worker’s State of Connection is not decided by step 1 or step 2.

If there is a State or Territory in which your principal place of business in Australia is located, then that State or Territory in which your principal place of business is located is your worker’s State of connection.

CONSIDER:

  • The most important or main place where you conduct the main part or majority of your business in Australia
  • The address registered on the Australian Business Register in connection with your Australian Business Number (ABN)
  • If you are not registered for an ABN, the State registered on the Australian Securities and Investments Commission’s National Names Index, as being the jurisdiction in which your business or trade is carried out
  • If you are not registered for an ABN or on the National Names Index, your business mailing address.

Step 4 – What if steps 1, 2 or 3 do not decide the State of connection and your worker works on a ship?

Only consider step 4 if your worker’s State of connection is not decided by steps 1, 2 or 3 and your worker works on a ship.

If your worker works on a ship, then your worker’s State of connection is the State or Territory in which the ship is, or most recently became registered.

Step 5 – What if steps 1, 2, 3 or 4 do not decide the State of connection and my worker is injured?

Only consider step 5 if steps 1, 2, 3 or 4 do not decide your worker’s State of connection.

If your worker has suffered a workplace injury or illness in a State or Territory, unless the worker is entitled to compensation for the same injury under the laws of a place outside Australia, then the State of connection is the State or Territory in which the injury or illness was suffered.

Further information

If the outcome isn’t clear after working through steps 1 to 5 of the State of connection test, then you should seek advice from your insurer, legal advisor or the workers compensation Regulator in the relevant jurisdiction.

WorkSafe ACT - www.worksafety.act.gov.au - 1300 302 502

  • Section 36B of the Workers Compensation Act 1951

WorkCover New South Wales - http://www.workcover.nsw.gov.au/ - 13 10 50

  • Section 9AA of the Workers Compensation Act 1987

NT WorkSafe - www.worksafe.nt.gov.au - 1800 250 713

  • Section 53AA of the Return to Work Act

WorkCover Queensland - www.workcoverqld.com.au - 1300 362 128

  • Section 113 of the Workers’ Compensation and Rehabilitation Act 2003

WorkCover South Australia - hwww.rtwsa.com - 13 18 55

  • Section 6 of the Workers Rehabilitation and Compensation Act 1986

WorkCover Tasmania - www.workcover.tas.gov.au - 1300 776 572

  • Section 31A of the Workers Rehabilitation and Compensation Act 1988

WorkSafe Victoria - www.worksafe.vic.gov.au - 1800 136 089

  • Section 80 of the Accident Compensation Act 1985

WorkCover Western Australia - www.workcover.wa.gov.au - 1300 794 744

  • Section 20 of the Workers Compensation and Injury Management Act 1981

Contact us

For further information please contact us on 1800 250 713, via email at datantworksafe@nt.gov.au or go to the NT WorkSafe website at www.worksafe.nt.gov.au