(1)  An offender discharging a community service order is, for the purposes of the Workers Rehabilitation and Compensation Act 1988 and the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 , taken to be a worker employed by the Crown and being paid at the greater of the following rates:

(a) a rate equal to the basic salary within the meaning of that Act;

(b) the rate of the offender's normal weekly earnings, if any, within the meaning of section 69 of that Act.

(1A)  Despite subsection (1) , an offender discharging a community service order is not to be taken to be a worker for the purposes of section 84(3) of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 if he or she is a worker for the purposes of section 84(3) of that Act by reason only of the application of subsection (1) of this section.

(2)  An offender is taken to be discharging a community service order for the purposes of this section if he or she is –

(a) performing a required activity; or

(b) making a required journey.

(3)  For subsection (2)(a) , an offender is taken to be performing a required activity if he or she is –

(a) reporting to the offender's probation officer or supervisor for the purposes of the order; or

(b) doing community service in accordance with the order; or

(c) attending an educational, rehabilitation or other program in accordance with the order; or

(d) doing something else at the request or direction of, or with the express or implied authority of, the offender's probation officer or supervisor.

(4)  For subsection (2)(b)  –

(a) a required journey is a journey made for the purposes of, or in connection with, a required activity; but

(b) a journey is not taken to be a required journey by reason only of the fact that it is for the purpose of enabling an offender to travel –

(i) from his or her place of residence to the place at which he or she is required to perform a required activity; or

(ii) from the place at which he or she is required to perform a required activity to his or her place of residence.