Section 67A — Workers Compensation Act 1987 (NSW)

(1)
(1A) For the purposes of the determination of the amount of permanent impairment compensation payable, HIV and AIDS are each considered to result in a degree of permanent impairment of 100%.
(2) Section 68 does not apply to a loss that is HIV/AIDS.
(3) The regulations may make provision for methods for determining for the purposes of this Act whether a person is living with HIV/AIDS. Regulations need not be made under this subsection and in the absence of regulations the determination of whether a person is living with HIV/AIDS is to be on the basis of medical opinion.
(4) Permanent impairment compensation is not payable in respect of permanent impairment that is HIV/AIDS if the impairment resulted from voluntary sexual activity or illicit drug use. This subsection does not limit the operation of section 14 (Conduct of worker etc).
(5) In this section—
AIDS means Acquired Immune Deficiency Syndrome.
HIV means Human Immunodeficiency Virus.
Note. The amendment of this section by the Equality Legislation Amendment (LGBTIQA+) Act 2024 to refer to “living with HIV/AIDS” is merely to modernise language and is not intended to change the application of workers compensation legislation and other applicable legislation.

Related sections

• s 66 — Entitlement to compensation for permanent impairment
• s 66A — Agreements for compensation
• s 66B — No proceedings to enter up award on agreement for compensation
• s 68B — Deductions for previous injuries and pre-existing conditions—operation of sections 15, 16, 17 and 22
• s 73 — Reimbursement for costs of medical certificate and examination
• s 74 — Damage to artificial limbs etc

Research how courts apply s 67A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.