Document ID: chunk:federal_register_of_legislation:C2025C00120:section:5:p5
Version: federal_register_of_legislation:C2025C00120
Segment Type: section
Provision Reference: s 5 (pt 5/7)
Character Range: 528107–530959

State, a Territory or a foreign country that provides for compensation or other benefits for or in respect of work‑related trauma suffered by employees without requiring proof of any breach by, or by persons associated with, employers.
work‑related counselling:
 (a) in relation to an employee of an employer, means counselling attended by the employee; and
 (b) in relation to an associate of an employee of an employer, means counselling attended by the associate where the associate is accompanied by the employee;
where all of the following conditions are satisfied:
 (c) the attendance of:
 (i) if paragraph (a) applies—the employee; and
 (ii) if paragraph (b) applies—both the employee and the associate;
  at the counselling gives effect to an objective, purpose, plan or policy devised, adopted or required to be followed, by the employer to:
 (iii) improve or maintain the quality of the performance of employees' duties; or
 (iv) prepare employees for retirement;
 (d) the counselling relates to any of the following matters:
 (i) safety;
 (ii) health;
 (iii) fitness;
 (iv) stress management;
 (v) personal relationships;
 (vi) retirement problems;
 (vii) drug or alcohol abuse;
 (viii) rehabilitation or prevention of work‑related trauma or of other disease or injury;
 (ix) first aid;
 (x) any similar matter;
 (e) there is no benefit that:
 (i) is provided in respect of the employment of the employee;
 (ii) consists of the provision of, or relates to, the counselling; and
 (iii) is provided wholly or principally as a reward for services rendered or to be rendered by the employee.
work‑related medical examination, in relation to a benefit provided in respect of the employment of an employee, means an examination or test carried out by, or on behalf of, an audiometrist or a legally qualified medical practitioner, nurse, dentist or optometrist wholly or principally in order to ascertain the physiological or psychological condition of the employee for any or all of the following purposes:
 (a) the commencement of the employment of the employee;
 (b) the confirmation of probationary employment of the employee;
 (c) a change in the duties or location of the employment of the employee;
 (d) the employee becoming a member of a superannuation fund.
work‑related medical screening, in relation to an employee of an employer, means an examination or test carried out by, or on behalf of, an audiometrist or a legally qualified medical practitioner, nurse, dentist or optometrist wholly or principally in order to ascertain whether the employee has suffered, is suffering or is at risk of suffering, from work‑related trauma, but does not include an examination or test that is not made available generally to all employees of the employer:
 (a) who are likely to have suffered, be suffering or be at risk of suffering, from similar