Relevance of this question

Relevance of this question

Section 15(1) provides for compensation to be paid where an accident results in loss of or damage to, property used by an employee (defined in s 4(1) as “an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance”):

15(1)If:

(a)an employee has an accident arising out of and in the course of his or her employment by the Commonwealth or a licensed corporation; and

(b)the accident does not cause injury to the employee but results in the loss of, or damage to, property used by the employee;

Comcare is liable to pay compensation to the employee of an amount equal to the amount of the expenditure reasonably incurred by the employee in the necessary replacement or repair of the property.

Property loss or damage is compensated by reimbursement of the reasonable cost of replacing or repairing the property.

Note, however, that s 15(1)(b) prevents compensation for property loss or damage where an accident also causes an employee to suffer an injury.  This question is seeking to establish whether the employee's accident also caused injury and thus excludes the operation of s 15.