Correct application of cross-border provisions helps to ensure prompt payment of entitlements, to enable workers to focus on recovery and return to work.
Principle
Workers who work in more than one State or Territory will be provided with assistance to understand their entitlement to compensation.
Expectations
Benchmarks
S29.1
If a worker works in more than one State or Territory, insurers are to apply the cascading ‘State of connection’ tests in the Cross border arrangements for workers compensation when determining liability for a claim, to determine whether the worker’s employment is connected with NSW.
Evidence on claim file
Correct application of cross-border provisions helps to ensure prompt payment of entitlements, to enable workers to focus on recovery and return to work.
Where a worker works across more than one State or Territory, insurers are required to apply the ‘State of connection’ provisions to determine whether the worker’s employment is connected with the state of New South Wales (NSW). If not, they must be referred to the relevant State or Territory Authority.
If a worker works in more than one State or Territory, a series of tests are to be applied to determine a worker’s ‘State of connection’.
These tests apply to a particular contract or term of employment for a worker. The tests are cascading and should be considered and applied when an insurer becomes aware that a worker may work in employment other than exclusively in NSW.
The cascading test means that if the first test is satisfied there is no need to consider the second test, and so on.
