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11.1.2 SRCA definition of 'incapacity for work'

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The word 'Incapacity' is not specifically defined in the SRCA although S4(9) does establish an extended basis for determining whether a person has an 'incapacity for work':

4(9) A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:

a)an incapacity to engage in any work, or

b)an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth or a licensed corporation in that work or any other work immediately before the injury happened.

The word 'injury' used in this definition, is itself defined under Section 4. In short, it means only those injuries or diseases having a compensable nexus with employment.

Thus, a period of incapacity for work includes any period when:

  • the client is not working ('engage in any work') because of the injury, or
  • the client is on an approved rehabilitation program, or
  • the client is restricted in work hours, ability to undertake shifts or undertake certain elements of the job ('work at the same level'), or
  • the client is away from work attending medical treatment, etc., and
  • the client has incurred loss of earnings.