Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Miscellaneous provisions

77: Application of Accident Compensation Act 2001 to persons serving community-based sentence

You could also call this:

"What happens if you get hurt while serving a community-based sentence"

When you are serving a community-based sentence, some rules apply if you get hurt while doing work or attending a course. If you suffer a personal injury that is covered under the Accident Compensation Act 2001, it is treated as a work-related injury for the purposes of section 97 of that Act. The Crown has to pay you the compensation you are entitled to under that section. You are also entitled to other benefits under the Accident Compensation Act 2001, and these will be paid from either the Earners' Account or the Non-Earners' Account, depending on whether you earn a income or not. If you earn a income, your other entitlements will be paid from the Earners' Account, but if you do not earn a income, they will be paid from the Non-Earners' Account.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136096.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal helpWork and jobs > Worker rights

76: Commencement of community-based sentence after temporary surrender under Extradition Act 1999, or

"Starting a community sentence after being sent back to New Zealand from another country"

78: Effect of subsequent sentence of imprisonment, or

"What happens to your community sentence if you go to prison"

Part 2Sentences, orders, and related matters
Community-based sentences: Miscellaneous provisions

77Application of Accident Compensation Act 2001 to persons serving community-based sentence

When an offender performs any service or does any work or attends any course or programme for the purposes of a community-based sentence, the following provisions apply:
if the offender suffers any personal injury for which he or she has cover under the Accident Compensation Act 2001 arising out of and in the course of performing the activities described above,—
1. the personal injury is deemed, for the purposes of section 97 of that Act only, to be a work-related personal injury; and
2. the Crown is liable to pay compensation to which the offender is entitled under that section:
the cost of all other entitlements of the offender under that Act must be met from the Earners' Account in the case of an offender who is an earner and from the Non-Earners' Account in all other cases.

Compare

1985 No 120 s 62

Notes

Section 77 heading: amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 77(a): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).