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20.12.1 Overseas residence and the 1930 Act

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Paragraph (12) of the 'First Schedule' to the 1930 Act says:

(12) If an employee receiving a weekly payment in Australia ceases to reside in Australia, he shall cease to be entitled to receive any weekly payment, unless a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature. If the medical referee so certifies, the employee shall be entitled to receive quarterly the amount of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as are prescribed, his identity and the continuance of the incapacity in respect of which the weekly payment is payable.

This means that in respect of a person currently incapacitated by a 1930 Act injury, and who resides outside of Australia:

  • weekly incapacity payments may not ordinarily be made
  • as an exception, payments can be made to overseas clients only where that person is medically certified as totally and permanently incapacitated
  • in that case the weekly payments are to be consolidated and paid quarterly
  • such clients must prove identity and incapacity at each quarterly payment.

Note, that to 'reside' overseas in this context means more than a holiday visit. The absence from Australia must have the quality of permanence. While this is a matter for judgement by a delegate in relation to an individual case, it is suggested that only an absence from Australia of greater than three months duration might be termed a cessation of residence in this country.