Document ID: chunk:federal_register_of_legislation:C2017A00048:clause:1_23
Version: federal_register_of_legislation:C2017A00048
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 15397–15962

23  Subsections 38(1) and (2)
Repeal the subsections, substitute:
 (1) Compensation is not payable under this Division to an employee who has reached pension age.
 (2) However, if an employee who has reached the age that is one year before pension age suffers an injury:
 (a) subsection (1) does not apply; and
 (b) compensation is payable under this Division in respect of the injury:
 (i) to the extent that this Act (other than subsection (1)) allows; and
 (ii) for a maximum of 52 weeks (whether consecutive or not) during which the employee is incapacitated.