12.1 Suitable Employment - the definition: S4(1), SRCA

The definition of 'Suitable employment' was amended by the Safety Rehabilitation and Compensation and Other Legislation Amendment Act 2007 to allow consideration of a client's capacity to work outside of the Commonwealth (or licensee), when calculating incapacity payments under section 19.  It is defined in S4(1) of the SRCA in the following terms:

              'suitable employment', in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act means:

a)              in the case of an employee who was a permanent employee of the Commonwealth or a licensee on the day on which he or she was injured and who continues to be so employed – employment by the Commonwealth or the licensed corporation, as the case may be in work for which the employee is suited having regard to:

(i)              the employee's age, experience, training, language and other skills;

(ii)              the employee's suitability for rehabilitation or vocational retraining;

(iii)              where employment is available in a place that would require the employee to change his or her place of residence – whether it is reasonable to expect the employee to change his or her place of residence, and

(iv)              any other relevant matter, and

2. in any other case – any employment (including self-employment), having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv).