Document ID: chunk:federal_register_of_legislation:C2025C00116:section:38
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 38
Character Range: 80983–82119

38  Compensation for incapacity not payable in certain cases
 (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.
 (3) Compensation is not payable under section 31, 33, 34, 35 or 36 in respect of any period during which the employee is imprisoned for committing an offence.
 (4) Subject to section 45, if a determination is made that an amount of compensation is payable to an employee under section 44 for an injury, compensation is not payable to the employee under section 31, 33, 34, 35 or 36 in respect of a period of incapacity for work resulting from the injury, being a period after the day on which the determination is made.

Division 4—Injuries resulting in permanent impairment