Workers Compensation Act 1951 (ACT)
Workers Compensation Act 1951
A1951-2
Republication No 87
Effective: 13 November 2025
Republication date: 13 November 2025
Last amendment made by A2025‑30
About this republication
The republished law
This is a republication of the Workers Compensation Act 1951 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 13 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Workers Compensation Act 1951
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
Chapter 2 Interpretation generally
2 Dictionary 3
3 Notes 3
3AOffences against Act—application of Criminal Code etc 3
4 Meaning of injury 4
5 Meaning of employer 4
6 Meaning of totally incapacitated 5
7 Meaning of partially incapacitated 5
7A Meaning of total wages 5
Chapter 3 Meaning of worker
8 Who is a worker? 9
9 Who is not a worker? 10
10 Casuals not employed for trade or business 10
11 Regular contractors and casuals 11
12 Labour hire arrangements 15
13 Liability of principal for uninsured contractor’s injured worker 16
14 Trainees 17
15 Outworkers 19
16 Timber contractors 20
16A Family day care educators 21
17 Religious workers 22
17A Volunteers 22
18 Commercial voluntary workers 23
19 Public interest voluntary workers 25
Chapter 4 Entitlement to compensation
Part 4.1 Important concepts
20 Meaning of cpi indexed and awe indexed 26
21 Working out average pre-incapacity weekly earnings for non-contractor 27
22 Working out average pre-incapacity weekly earnings for contractor 28
23 Working out average pre-incapacity weekly hours for non-contractor 28
24 Working out average pre-incapacity weekly hours for contractor 29
25 Overtime—hours and wages 29
26 Gradual onset of incapacity 30
27 Compensation for death or incapacity through disease 30
28 Employment-related diseases 32
29 Compensation for disease 32
Part 4.2 Compensation for personal injury
31 General entitlement to compensation for personal injury 34
32 Amounts of compensation under Act cumulative 35
33 Payments to people with legal disabilities 35
34 Injury outside Australia 35
35 When is a worker taken to be totally incapacitated? 35
36 Journey claims 36
Part 4.2A Employment connection with ACT or State
36A Meaning of Territory or State of connection etc 38
36B Employment connection test 39
36C Determination of Territory or State of connection in workers compensation proceedings 44
36D Determination of Territory or State of connection by Magistrates Court 44
36E Recognition of previous determinations of Territory or State of connection 44
36F No ACT compensation if external compensation received 45
Part 4.3 Weekly compensation
36G Definitions—pt 4.3 47
37 What if the worker is dead? 48
38 When do weekly compensation payments begin etc? 48
39 Entitlement to weekly compensation for first 26 weeks of incapacity 49
40 Entitlement to weekly compensation after first 26 weeks of incapacity 50
41 Entitlement to weekly compensation after 26 weeks of total incapacity 51
42 Entitlement to weekly compensation after 26 weeks of partial incapacity 52
43 Stopping payments for total incapacity 55
43A Stopping payments for partial incapacity 55
43B Effect on payment period of loss of entitlement to weekly compensation 56
44 Living outside Australia 56
45 Effect of living outside Australia if compensation still payable 57
46 Effect of payment of weekly compensation on other benefits etc 57
47 No assignment etc of weekly compensation 57
Part 4.4 Compensation for permanent injuries
48 Meaning of loss 59
49 Meaning of single loss amount 59
50 Meaning of maximum loss amount 59
51 Compensation for permanent injuries generally 60
53 Compensation for 2 or more losses 60
54 Compensation and left-handedness 60
55 Compensation for combination of items 61
56 Compensation for only arm, leg, hand or foot 61
57 Compensation for loss of sexual organs 61
58 Loss of bowel function 62
59 Proportionate loss of use 62
61 Deduction for previous injury or pre-existing condition 63
62 Further loss and deductible proportions 63
63 Loss of hearing because of age 64
64 No compensation for less than 6% hearing loss 64
65 Presumption to be drawn from refusal to submit to hearing examination 65
66 Employer’s responsibility to pay for hearing loss tests 66
67 Reimbursement for costs of medical certificate and examination 66
68 Limited entitlement if death happens within 3 months 67
Part 4.5 Compensation for medical treatment, damage and other costs
69 Application—pt 4.5 68
70 Employer liability for medical treatment etc 69
71 Claim for compensation for pt 4.5 72
72 Second assessments 73
73 Payments for medical treatment received from hospital 73
73A Working out costs of alterations to residences 74
73B Payments for costs of alterations to residences 74
74 Transport costs other than private car 74
75 Working out transport costs for private cars 75
76 Costs of accommodation and meals 76
Part 4.6 Compensation for death
77 Death benefits 77
78 Payment into court of lump sum death benefits 78
Part 4.7 Registration of agreements for compensation
79 Registration of agreements for compensation 79
80 Effect of registration of agreements 79
81 Cancellation or amendment of registered agreements 80
Part 4.8 Exceptions to entitlements to compensation
82 When is compensation under Act generally not payable? 81
83 No compensation while imprisoned 82
84 Compensation for sporting injuries 82
Part 4.9 Payments to families of deceased workers
84A Application—pt 4.9 83
84B Payments to families of deceased workers 83
84C Effect of payment 84
Chapter 5 Injury management process
Part 5.1 Object and definitions for ch 5
85 Object—ch 5 85
85A Meaning of injured worker and personal injury plan—Act 85
86 Definitions—ch 5 85
86A Meaning of insurer for ch 5 86
87 Meaning of employer and insurer if more than 1 87
Part 5.2 General obligations
88 Insurer to establish etc injury management program 88
89 Insurer to give effect to injury management program 88
90 Insurer’s obligation of prompt payment 89
91 Employer’s obligations for injury management programs 89
92 Register of injuries 90
Part 5.3 Obligations on injury
93 Early notification of workplace injury 91
94 Injury notice 91
94A Uninsured employer to give DI fund manager injury notice etc 92
94B Liquidator to give DI fund manager injury notice etc 92
94C Injured workers of uninsured employers may give DI fund manager injury notice 94
95 What if employer does not give notice of injury within time? 95
96 Obligations of insurer on being notified of injury 95
Part 5.4 Obligations in relation to personal injury plans
96A Application—pt 5.4 97
97 Personal injury plan for worker with significant injury 97
98 Provision of information about personal injury plan 98
99 Vocational rehabilitation 98
99A Appointment of approved rehabilitation provider under personal injury plan 99
100 Employer’s personal injury plan obligations 99
101 Worker’s personal injury plan obligations 99
102 Nomination of doctor for personal injury plan 100
103 Subsequent medical certificates under personal injury plan 100
Part 5.4A Return-to-work coordinators
103A Definitions—pt 5.4A 101
103B Application—pt 5.4A 101
103C Appointment 101
103D Functions 102
103E Employer’s obligations 102
103F Register of return-to-work coordinators 104
Part 5.5 Other obligations
104 Injured worker’s obligation to return to work 105
105 Employer must provide suitable work for full-time, part-time and casual workers 105
106 Employer must provide suitable work for contract workers 106
107 Payment of cost of medical treatment and rehabilitation services for injured worker 107
108 Second injury arrangements 108
109 Workplace rehabilitation 109
110 Return-to-work guidelines 111
Part 5.5A Obligations in relation to LTCS participants
110A LTCS participants—provision of information about assessment of treatment and care needs 112
Part 5.6 Compliance with ch 5
111 Obligation of Minister 113
112 Compliance by insurers, including DI fund 113
113 Compliance by workers 114
114 Unreasonableness in stopping payment 115
115 Liability not affected 115
Chapter 6 Claims
Part 6.1 Making claims
116 Making claim for compensation 117
117 Claim for property loss or damage 117
118 Medical certificates and claims for compensation 117
119 No compliant certificate with claim 118
120 Time for taking proceedings generally 119
120A Proceedings on late claims 119
121 Time for making claim under pt 4.4 121
122 When is a claim made? 121
123 Injury notice 122
124 No notice or defective or inaccurate notice 122
125 Admissibility of statements by injured workers 123
126 Action by employer in relation to claims 123
126A Lump sum claims—notice by licensed insurers about double compensation etc 125
Part 6.2 Time for accepting or rejecting claims
127 Meaning of insurer and given to insurer for pt 6.2 126
128 Claim—injury other than imminently fatal asbestos‑related disease 127
128A Claim—imminently fatal asbestos‑related disease 127
129 Rejecting claims generally 127
130 Rejecting claim within 28 days 128
131 Rejecting claims after 28 days but within 1 year 129
132 Rejecting claims from 1 year 129
Part 6.3 Liability on claims
133 Without prejudice payments 131
134 Liability on claim not accepted or rejected 131
135 Order for refund of overpayments of compensation 131
Part 6.4 Settlement of claims
136 Contracting out 133
137 How worker may commute rights 133
138 No assignment etc of payout of weekly compensation 134
Chapter 7 Vocational rehabilitation
139 Meaning of approved rehabilitation provider etc 135
140 Meaning of vocational rehabilitation 135
141 Meaning of protocol in ch 7 etc 136
142 Vocational rehabilitation 136
142A Vocational rehabilitation—LTCS participants 136
143 False representation of approval 137
Chapter 8 Insurance
Part 8.1 Insurance—general
Division 8.1.1 Interpretation
143A Definitions 138
144 Meaning of compulsory insurance policy 138
Division 8.1.2 Licences—insurers
145 Requirement to hold insurer licence 139
145A Application for insurer licence 139
145B Regulator may request more information 140
145C Change of information must be provided 140
145D Issue of insurer licence 140
145E Insurer licence—conditions 141
145F Insurer licence—period 141
145G Insurer licence—surrender 142
145H Providing insurance services without insurer licence 142
145I Breach of insurer licence condition 142
145J Regulations about insurer licences 143
Division 8.1.3 Licences—self-insurers
145K Requirement to hold self-insurer licence 143
145L Application for self-insurer licence 144
145M Regulator may request more information 144
145N Change of information must be provided 144
145O Issue of self-insurer licence 144
145P Self-insurer licence—conditions 145
145Q Self-insurer licence—period 146
145R Self-insurer licence—surrender 146
145S Failing to hold a self-insurer licence 146
145T Breach of self-insurer licence condition 147
145U Regulations about self-insurer licences 147
Division 8.1.4 Licences—compliance and other requirements
146 Effect of cancellation or suspension of insurer licence 148
146A Effect of cancellation or suspension of self-insurer licence 149
147 Compulsory insurance—employers 149
147A Compulsory insurance—offences 150
147B Compulsory insurance policy—minimum premium following default notice 152
148 Effect of failure to maintain compulsory insurance on other insurance etc for this Act 152
149 Failure to maintain compulsory insurance policy—regulator entitled to recovery amount 153
150 Evidence of maintenance of compulsory insurance policy 154
152 Compulsory insurance—licensed insurers 155
153 Cancellation 155
154 Cover notes 155
155 Information for licensed insurers on application for issue or renewal of policies 156
155A Employer must notify licensed insurer of certain corrected information 157
156 Information for licensed insurers after renewal of policies 158
157 Information for licensed insurers after end or cancellation of policies 159
158 Information for new licensed insurers after change of licensed insurers 160
160 Certificate of currency 161
161 Requirement to produce certificate of currency 162
162 False information causing lower premium 163
162A Avoiding payment of premium—regulator entitled to recovery amount 164
162B Cease business order 166
163 Employment after 2nd offence 167
164 Provision of information to Minister 168
Division 8.1.5 Regulatory action
164A Meaning of regulatory action—div 8.1.5 169
164B When regulatory action may be taken 170
164C Notification of proposed regulatory action 170
164D Taking regulatory action 171
164E Not taking regulatory action 172
164F Regulatory action in another jurisdiction 172
164G Effect of suspension 173
Part 8.2 Default insurance fund
Division 8.2.1 Definitions for pt 8.2
165 Definitions—pt 8.2 174
Division 8.2.2 Establishment etc of DI fund
166 Establishment of DI fund 174
166A Purpose of DI fund 175
166AA DI fund—compensation for imminently fatal asbestos‑related disease 176
166B Payments out of DI fund 177
166C Appointment of DI fund manager 178
166D DI fund manager’s functions etc 178
166F DI fund manager may engage consultants including claims manager 179
166G Claims manager’s functions 179
166H Engagement of DI fund actuary 180
166I Delegation by DI fund manager 180
Division 8.2.2A DI fund and prescribed employers etc
166J Determination about DI fund objects, prescribed employers and workers 181
166K Determination of fees for prescribed employers 181
166L Application to be prescribed employer 181
166M Assessment of application to be prescribed employer 182
166N Application of amendments before commencement 182
Division 8.2.3 Administration of DI fund
167 Accounts for DI fund 183
167A Investments of amounts of DI fund 184
167B Borrowing for DI fund 184
167C Audit of DI fund 185
167D Information and assistance by employer to DI fund manager 185
167E Assessment of financial position 186
167F Determination that policy in force despite absence of record 186
Division 8.2.4 Contributions to DI fund
168 Licensed insurers and licensed self-insurers must give information 187
168A Contributions to DI fund by licensed insurers and licensed self-insurers 188
168AA Supplementary contributions to DI fund by licensed insurers and licensed self-insurers 190
Division 8.2.5 DI fund’s relationship with liquidators of licensed insurers
169 Displacement of liquidator’s Corporations Act obligation 191
169A Payment to DI fund of amounts recovered by liquidator from reinsurer 192
169B Payment to DI fund of amounts recovered by liquidator using fund amounts 192
169C Rights of DI fund manager against licensed insurer 193
169D Liquidator to notify DI fund manager of dissolution 193
Division 8.2.6 Making claims for payment
170 Who may make claim for payment 194
170A When must claim for payment be made 195
170B How claim for payment made if no licensed insurer 196
170C How claim for payment made if licensed insurer not wound up 196
170D How claim for payment made if licensed insurer wound up 197
170E Claim for payment if employer to pay and liability not covered by compulsory insurance policy etc 197
170F Claim for payment if final judgment etc and liability not covered by compulsory insurance policy 198
170G Claim for payment if agreement to discharge liability at common law and liability not covered by compulsory insurance policy 199
170H Claim for payment if final judgment etc and liability covered by compulsory insurance policy 200
170HA Claim for payment if entitlement to claim compensation and licensed self‑insurer unable to pay compensation 200
170HB Claim for payment if final judgment etc and licensed self‑insurer unable to cover liability 201
170I Claim for payment if entitlement to claim compensation and liability covered by compulsory insurance policy 201
170J Liquidator to forward claims to DI fund manager 202
170K Power of Supreme Court to set aside agreements 202
170L Treatment of set aside agreement 203
170M Time-barred rights after agreement set aside 203
170N Proceeding after agreement set aside 203
Division 8.2.7 Payment of claims
171 Payments out of DI fund 204
171A Reopening of agreements and awards 205
171B Deciding or re-deciding claim 205
171C Approval of terms of settlement by court 205
171D DI fund paying claims for payment if liability not completely covered by a compulsory insurance policy and settlement approved 206
171E DI fund paying claims for payment against licensed insurers and licensed self-insurers if settlement approved 206
171F Liquidators to account to DI fund manager 208
171G Intervention by DI fund manager 208
171H DI fund manager may act 209
171I Effect of payment of claims 210
Division 8.2.8 Default insurance fund—miscellaneous
172 Proceedings to be in the name of ‘Workers Compensation Default Insurance Fund Manager’ 210
172A DI fund manager may consent to judgment etc 211
173 DI fund manager not personally liable 211
176 Premiums—maximum rates 212
177 Premiums—remuneration for professional sporting activity 212
178 Workers’ rights to information 212
179 Regulations to allow Minister to authorise people 213
Part 8.3 Acts of terrorism
179A Application of pt 8.3 to insurers 214
179B Definitions—pt 8.3 215
179C Meaning of act of terrorism for pt 8.3 215
179D Terrorism cover temporary reinsurance fund 216
179E Entitlement of insurers to reimbursement from temporary fund 217
179F Payments out of temporary fund 218
179G Regulations about temporary fund 218
179H Exclusion of Corporations legislation 219
179I Review of payments out of temporary fund 220
Chapter 9 Common law damages
Part 9.1 Interpretation and application—ch 9
180 Definitions—ch 9 221
181 References to person who recovers damage etc 221
182 Payments by DI fund manager 222
Part 9.2 Choice of law
182A Definitions—pt 9.2 223
182B Meaning of substantive law 224
182C Meaning of damages claim 225
182D Applicable substantive law for damages claims 225
182E Claims to which pt 9.2 applies 225
Part 9.3 Compensation and common law damages
182EA Application to participate in LTCS scheme 226
182F Lump sum claims—notice by lawyers to clients about repayment requirements 226
183 Remedies against employer and stranger 227
184 No compensation if damages received 228
185 Dependants recovering damages and not claiming compensation 229
186 Discharge of liability out of payments into court 231
Part 9.4 LTCS scheme participants
186A LTCS scheme participant—no damages etc for treatment, care and support 233
186B Effect of payments under LTCS Act on limitation period 234
Chapter 10Inspection
187 Definitions—ch 10 235
188 Inspectors 235
189 Identity cards 236
190 Provision of information to inspectors 237
191 Powers of entry 239
192 Notification of entry 239
192A General powers on entry 239
192B Premises used for residential purposes 241
193 Search warrants 241
Chapter 11 Procedure for payment of compensation
195 Conciliation and arbitration 243
196 Admissibility of statements by injured workers 243
197 Appeals 243
Chapter 12 Notification and review of decisions
198 Definitions—ch 12 245
199 Application—ch 12 245
199A Notice of reviewable decisions 245
199B Internal review of certain decisions 246
199C Applications for internal review 246
199D Internal review 247
199E Review of decisions by ACAT 247
Chapter 13 Miscellaneous
200 Secrecy 248
200A Record keeping 249
201 Medical referees 250
201A Civil liability of executive officers 251
202 Time for beginning prosecutions 252
203 Criminal liability of executive officers 253
204 Court-directed publicity for offences 254
205 Publication by regulator of convictions etc 254
206 Minister must take advice 256
208 Directions about procedure 257
209 References to Workers’ Compensation Act etc 257
210 Apportioning cost of administering workers compensation and safety legislation 257
210A Notice of apportioned liability 259
211 Amounts for administering workers compensation and safety legislation 260
221 Determination of fees 260
222 Approved forms 260
223 Regulation-making power 261
Chapter 22 Transitional—Workplace Legislation Amendment Act 2025 (No 3)
274 Application of pt 4.9 263
275 Expiry—ch 22 263
Schedule 1 Compensation for permanent injuries 264
Schedule 2 Adjacent areas for States and Territories 267
2.1 Definitions—sch 2 267
2.2 Adjacent areas for States and the Northern Territory 267
Schedule 3 DI fund advisory committee 269
3.1 Definitions—sch 3 269
3.2 Establishment of DI fund advisory committee 269
3.3 Functions of committee 269
3.4 Membership of committee 269
3.5 When DI fund manager not member of committee 270
3.6 Ending of members’ appointments 270
3.7 Committee chair 271
3.8 Honesty, care and diligence of members 271
3.9 Conflicts of interest by members 271
3.10 Agenda to require disclosure of interest item 271
3.11 Disclosure of interests by members 272
3.12 Reporting of disclosed committee interests to Minister 274
3.13 Protection of members from liability 275
3.14 Time and place of committee meetings 275
3.15 Presiding member at committee meetings 275
3.16 Quorum at committee meetings 275
3.17 Voting at committee meetings 276
3.18 Conduct of committee meetings etc 276
Dictionary277
Endnotes
1 About the endnotes 290
2 Abbreviation key 290
3 Legislation history 291
4 Amendment history 310
5 Earlier republications 389
6 Renumbered provisions 397
7 Expired transitional or validating provisions 397
Workers Compensation Act 1951
An Act relating to compensation to workers for injuries arising out of or in the course of their employment, and for other purposes
Chapter 1Preliminary
Name of Act
This Act is the Workers Compensation Act 1951.
Chapter 2Interpretation generally
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘injury—see section 4 (Meaning of injury).’ means that injury is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Meaning of injury
(1)In this Act:
injury means a physical or mental injury (including stress), and includes aggravation, acceleration or recurrence of a pre-existing injury.
(2)In this section:
mental injury (including stress) does not include a mental injury (including stress) completely or mostly caused by reasonable action taken, or proposed to be taken, by or on behalf of an employer in relation to the transfer, demotion, promotion, performance appraisal, discipline, retrenchment or dismissal of a worker or the provision of an employment benefit to a worker.
Meaning of employer
In this Act:
employer includes—
(a)an entity; and
(b)the legal personal representative of a dead employer; and
(c)if the services of the worker are temporarily lent or let on hire to someone else (the temporary employer) by the person (the original employer) with whom the worker has entered into a contract of service or apprenticeship—the original employer is, for this Act, taken to continue to be the employer of the worker while the worker is working for the temporary employer.
Meaning of totally incapacitated
For this Act, an injured worker is totally incapacitated for work if—
(a)there is no suitable paid employment reasonably available to the worker that the worker can do because of a functional impairment caused by the injury; or
(b)the worker is taken, or declared, to be totally incapacitated under section 35 (When is a worker taken to be totally incapacitated?).
Meaning of partially incapacitated
For this Act, an injured worker is partially incapacitated for work if, because of a functional impairment caused by the injury, the worker—
(a)cannot do all the work the worker could do before the injury; and
(b)is not totally incapacitated.
7AMeaning of total wages
(1)In this Act:
total wages means total wages worked out as prescribed by regulation.
(2)The Legislation Act, section 47 (3) does not apply to a regulation under this section.
Chapter 3Meaning of worker
Notes about ch 3
Note 1Working out who is a worker
The following chart is a guide for working out if a person (X) is a worker for this Act.
Note 2Payment for work
Most people who are workers under this chapter are employed or engaged under a contract with someone else. At common law, a contract cannot exist unless there is a valuable exchange between the people on both sides of the contract, by which—
· the employee (or contractor) provides his or her labour to the employer (or principal); and
· the employer (or principal), in exchange, provides payment to the employee (or contractor), including non-monetary rewards (eg payment in kind).
The exceptions under this chapter are those who are taken to be workers under s 14 (Trainees), s 16A (Family day care educators), s 17 (Religious workers), s 18 (Commercial voluntary workers) and s 19 (Public interest voluntary workers). Trainees and religious workers may or may not be paid for their labour. Voluntary workers (under s 18 and s 19) are those that are paid only for expenses (if that).
Note 3Subcontracting and labour hire (effect of s 13)
The Act applies in a special way to subcontracting arrangements, by which—
· a worker is engaged to work for a person who is the employer of the worker (under this chapter); and
· the employer has engaged the worker to fulfil a contract the employer has with someone else (in this note, a principal) to do work for the principal’s trade or business.
Under s 13, the principal is liable to pay compensation to the worker if the worker is injured. The principal may, however, recover the compensation paid from the employer.
These situations may be complicated by the involvement of labour hirers, who may in some circumstances be taken to be the employer of workers engaged to do work for a principal (see s 12). Here are 3 illustrations of different subcontracting arrangements:
Arrangement 1 No labour hirer
A bricklayer’s labourer (the worker) is employed by a bricklayer (the employer) to assist the bricklayer to fulfil a contract between the bricklayer and a builder (the principal).
The bricklayer is the labourer’s employer.
Arrangement 2 Labour hirer as employer
A cleaner (the worker) is engaged by a labour hirer (the employer) to fulfil a contract between the labour hirer and the owner of a retail store (the principal) for the cleaning of the store. The labour hirer is taken (under s 12) to be the employer of the cleaner, because the cleaner has no contractual relationship with the owner of the store.
The labour hirer is the cleaner’s employer.
Arrangement 3 Labour hirer as employment agent
A keyboard operator (the worker) is employed by an information technology consultant (the employer) to fulfil a contract between the consultant and a government agency (the principal). The consultant recruits the operator through a labour hirer acting as an employment agent.
The consultant is the operator’s employer.
Under all of these arrangements, the worker may claim compensation from either the employer or the principal (see s 13 (2) and (4)). If the principal pays compensation to the worker, the principal may claim repayment from the employer (see s 13 (3)). But in the 3rd arrangement (Labour hirer as employment agent), the worker may not claim compensation from the labour hirer, and the principal may not seek repayment of compensation from the labour hirer.
Who is a worker?
(1)In this Act (subject to this chapter):
worker means an individual who—
(a)works under a contract of service, whether the contract is express or implied, oral or written; or
(b)works under a contract, or at piecework rates, for labour only or substantially for labour only; or
(c)works for another person under a contract (whether or not a contract of service) unless—
(i)the individual—
(A)is paid to achieve a stated outcome; and
(B)has to supply the plant and equipment or tools of trade needed to carry out the work; and
(C)is, or would be, liable for the cost of rectifying any defect in the work carried out; or
(ii)a personal services business determination is in effect for the person carrying out the work under the Income Tax Assessment Act 1997 (Cwlth), section 87-60.
(2)A reference in this Act to a worker after the date of an injury includes a reference to a former worker.
(3)The Minister may determine categories of workers for the following provisions:
(a)section 155 (7), definition of employer’s estimate, paragraphs (a) and (b) (Information for licensed insurers on application for issue or renewal of policies);
(b)section 190 (1) (b) (Provision of information to inspectors).
(4)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Who is not a worker?
(1)In this Act (despite anything else in this chapter), worker does not include—
(a)a public servant; or
(b)an employee within the meaning of the Safety, Rehabilitation and Compensation Act 1988 (Cwlth).
(2)In this Act (despite anything else in this chapter), worker does not include an individual who would, apart from this section, be a worker employed by an employer, if the individual is a member of the employer’s family and lives in the employer’s home.
(3)However, subsection (2) does not apply to an individual if the employer tells the licensed insurer who insures the employer against liability under this Act the name, nature of employment and estimated wages of the individual—
(a)when the employment begins; and
(b)whenever the insurance is renewed.
Casuals not employed for trade or business
(1)In this Act, worker does not include an individual (the casual employee) employed by someone (the principal) on a casual basis to perform work for the principal other than work that is for (or incidental to) the principal’s trade or business unless the casual employee is taken to be a worker under any of the following provisions:
(a)subsection (2) (which deals with casual employment found through employment agencies);
(b)section 11 (Regular contractors and casuals);
(c)section 17 (Religious workers).
(2)If the casual employee’s employment was found for the employee by a person who carries on the business of an employment agent, for this Act the casual employee is taken to be a worker employed by the employment agent.
Examples of casual employees who are not workers
1 A gardener irregularly employed by the occupier of residential premises to work in the garden of the premises (unless engaged through an employment agent—see example 4).
2 A babysitter irregularly employed by the parents of young children (unless engaged through an employment agent—see example 4).
Examples of casual employees who are workers
3 A gardener regularly employed by the owner of a business to work on the grounds of the premises where the employer’s business is carried on. The gardener is taken to be a worker employed to perform work incidental to the principal’s business (see s (1)).
4 A babysitter irregularly employed by the parents of young children who is engaged through an employment agent. The babysitter is taken to be a worker employed by the agent rather than the parents (see s (1) (a) and
s (2)).
5 A babysitter regularly and systematically employed (for example, once a week over a 6 month period) by the parents of young children. The babysitter is taken to be a worker employed by the parents under s 11 (Regular contractors and casuals)—see s (1) (b).
Regular contractors and casuals
(1)This section applies to the engagement of an individual by a person (the principal) if—
(a)the individual has been engaged by the principal—
(i)under a contract for services to work for the principal (whether or not on a casual basis); or
(ii)on a casual basis under a contract of service to perform work for the principal other than work that is for (or incidental to) the principal’s trade or business (unless section 10 (2) applies, which deals with casual employment found through employment agencies); and
(b)the individual personally does part or all of the work; and
(c)if the principal is a corporation—the individual is not an executive officer of the corporation.
Note for par (a) (ii) Section 10 (2) provides that if a casual worker employed other than for the employer’s trade or business is engaged through an employment agent, the casual worker is a worker employed by the agent.
(2)For this Act, the individual is taken to be a worker employed by the principal if—
(a)the engagement, under the contract or similar contracts, has been on a regular and systematic basis; or
(b)the individual has (or, apart from any injury, would have had) a reasonable expectation of the engagement continuing on a regular and systematic basis (under the contract or similar contracts), even if the engagement has not been on a regular or systematic basis; or
(c)the engagement of the individual is under a contract or similar contracts prescribed by regulation, even if the engagement has not been on a regular or systematic basis.
(3)To work out whether an engagement has been on a regular and systematic basis, or whether there is (or would have been) a reasonable expectation of an engagement continuing on that basis, relevant matters include (but are not limited to) the following:
(a)the terms of all relevant contracts;
(b)the working relationship between the principal and the individual and all associated circumstances;
(c)the period of the engagement, or the periods of the engagement if it has not been continuous;
(d)the frequency of work under the contract or similar contracts;
(e)the number of hours worked under the contract or similar contracts;
(f)the type of work;
(g)normal arrangements for someone engaged to perform that type of work.
Examples of individuals who are workers
1 Payment by commission
A sales representative engaged under a 3 month contract for payment by commission that forms part of a regular and systematic pattern of similar contracts to work for a real estate agency, canvasser or retailer, even if there is no express or implied guarantee of continuing work.
2 IT consultant—engagement under indefinite retainer
An information technology consultant engaged on a retainer under which it is agreed that the consultant will be regularly and systematically available, on call by the principal, to offer advice or attend at short notice, even if the consultant was only recently engaged.
3 Owner-driver of a truck—regular engagement
An owner-driver of a truck engaged by a local ACT carrier for an overnight trip (leaving regularly on the same day each week), even if any (or all) of the following apply:
·there is occasionally no work for the driver;
·the driver also works (or is free to work) for other carriers;
·the driver was only recently engaged by the carrier.
4 Building contractor—exclusive engagement
A bricklayer engaged under contracts for services by a particular builder for some years, who has worked for almost no-one else over that time, even if there is no express or implied guarantee of continuing work.
5 Regular casual worker
A gardener engaged by a householder (under contracts of service or for services) on a regular and systematic basis over a number of years to work in the grounds of the house. The gardener’s engagement may be found to be ‘regular and systematic’ even if any (or all) of the following apply:
·there is no express or implied guarantee of continuing work;
·the gardener also works (or is free to work) for other households;
·there have been occasional periods during which the gardener has not worked for the householder.
Examples of individuals who are not workers
6 Payment by commission—no guarantee of future work
A sales representative engaged under a 3 month contract for services with a real estate agency, canvasser or retailer, and who is paid by commission, if—
· the contract does not form part of a regular and systematic pattern of similar contracts; and
· there is no express or implied guarantee that any further similar contract will be offered, whether in a document or by inference from the working relationship between the principal and the individual.
7 IT consultant—occasional engagement
An information technology consultant who is occasionally engaged by a small business for a week or more at a time under a contract for services, but not on a regular basis.
8 Owner-driver of a truck—irregular engagement
An owner-driver of a truck engaged under contracts for services with a furniture retailer whenever available, who has made deliveries every day of the week at times (for example, just before Christmas), but at other times may go for months without working for the retailer.
9 Building contractor—irregular engagement
A bricklayer engaged under contracts for services by a particular builder several times a year, but who is not regularly engaged by the builder.
10 Irregular casual worker
A tree surgeon engaged by a householder on an irregular basis (under contracts of service or for services) to prune the trees around a house. The engagement may be found not to be ‘regular and systematic’ even if the tree surgeon has been occasionally engaged by the householder for many years. (However, if the tree surgeon is engaged through an employment agent, the tree surgeon is a worker employed by the agent (see s 10 (2).)
Labour hire arrangements
For this Act, an individual is taken to be a worker employed by a person (the labour hirer) if—
(a)the individual has been engaged by the labour hirer under a contract for services to work for someone other than the labour hirer; and
(b)there is no contract to perform the work between the individual and the person for whom the work is to be performed; and
(c)the individual personally does part or all of the work; and
(d)if the labour hirer is a corporation—the individual is not an executive officer of the corporation.
Note 1This section does not make an employment agent the employer of those for whom the agency finds work if the workers are engaged directly by the person for whom the work is to be performed. It makes the labour hirer the employer only if there is no contractual relationship between the worker and the person for whom the work is to be performed (see par (b)).
Note 2Under s 13 (Subcontracting), the person for whom the work is to be performed may be liable as ‘principal’ to pay compensation to the worker, as well as the labour hirer under this section. The ‘principal’ may then recover compensation from the labour hirer (see s 13 (3)). See also note 3 at the beginning of this chapter.
Liability of principal for uninsured contractor’s injured worker
(1)This section applies if—
(a)a person carrying on a business (the principal) enters into a contract with another person (the contractor) to carry out work that is part of the principal’s business (the contracted work); and
(b)a worker employed by the contractor becomes an injured worker (the injured worker) while carrying out the contracted work; and
(c)the contractor is uninsured.
(2)The principal is liable to pay to the injured worker any compensation that the principal would have been liable to pay if the worker was employed by the principal.
(3)If this section is relied on to make a claim for compensation, or bring any other proceeding, against a principal, then, in the application of this Act to the claim or proceeding—
(a)a reference in this Act to an employer is taken to be a reference to the principal; but
(b)any calculation of the earnings of the injured worker must be based on the earnings paid or payable to the worker by the contractor that employed the worker.
(4)If a principal is liable under this section to pay compensation to an injured worker, the principal is entitled to be indemnified by—
(a)if the principal is uninsured within the meaning of paragraph (a) of the definition of uninsured—any person, other than the DI fund manager, who would have been liable to pay compensation to the worker independently of this section; or
(b)if the principal is uninsured within the meaning of paragraph (b) of the definition of uninsured—any person, including the DI fund manager, who would have been liable to pay compensation to the worker independently of this section.
(5)Nothing in this section prevents a worker claiming compensation—
(a)against a contractor instead of a principal; or
(b)if both the contractor and principal are uninsured—against the DI fund.
(6)In this section:
uninsured, in relation to a principal or a contractor, means the principal or contractor—
(a)does not have a compulsory insurance policy in force that applies to an injured worker mentioned in subsection (1) in relation to an injury; or
(b)has a compulsory insurance policy in force that applies to the injured worker in relation to the injury but the policy was issued by a licensed insurer that—
(i)cannot provide the indemnity required to be provided under the policy; or
(ii)has been wound up.
Trainees
(1)For this Act, an individual is taken to be a worker employed by a person (the principal) if—
(a)the individual is engaged under an arrangement (whether or not under contract) by which training or on-the-job experience is provided to the individual; and
(b)the training or experience is in relation to work that is for (or incidental to) the principal’s trade or business; and
(c)the individual performs work that is for (or incidental to) the principal’s trade or business while so engaged; and
(d)if the principal is a corporation—the individual is not an executive officer of the corporation.
(2)An individual may be taken to be a worker under subsection (1) even if the individual receives no payment for the engagement.
(3)However, an individual is taken not to be a worker employed by the principal if—
(a)the engagement of the individual by the principal is arranged by an educational institution where the individual is enrolled; and
(b)the engagement is part of a work experience program (however described) run by the educational institution.
Example of work experience program
work placement program
(4)An individual is also taken not to be a worker employed by the principal if—
(a)the individual is an adult with a disability; and
(b)the engagement of the individual by the principal is arranged by a specialist disability employment service provider; and
(c)the engagement is part of a work experience program (however described) organised by the provider to help adults with disabilities to work.
Example of work experience program
work placement program
(5)In this section:
adult with a disability means a person who—
(a)is 16 years old or older; and
(b)has a physical, intellectual or psychiatric disability; and
(c)is likely to suffer from the disability permanently or for an extended period.
educational institution means—
(a)a school, college or other educational institution established or maintained on behalf of the Territory; or
(b)a non-government school under the Education Act 2004; or
(c)an educational institution established under a territory law or a law of the Commonwealth or a State.
specialist disability employment service provider means an organisation (whether or not the organisation is incorporated) that—
(a)provides employment services for people with disabilities; and
(b)is not carried on for the financial benefit of the organisation’s members.
Outworkers
(1)This section applies to an individual (the outworker) who is engaged by a person (the principal) under a contract for services to treat or manufacture articles or materials, or to perform other services—
(a)in the outworker’s own home; or
(b)on other premises not under the control or management of the principal.
(2)To remove doubt, the outworker is taken to be a worker employed by the principal if—
(a)the outworker is taken to be a worker employed by the principal under section 11 (Regular contractors and casuals); or
(b)the outworker is taken to be a worker employed by the principal under section 12 (Labour hire arrangements).
Example of an outworker
A keyboard operator engaged under a contract for services by an information technology firm to undertake data conversion for the firm (or for another firm) in the operator’s home.
Timber contractors
(1)This section applies to an individual (the timber contractor) who is engaged by a person (the principal) under a contract for services to do any of the following work:
(a)logging (including, for example, felling, crosscutting, snigging, loading, carting, bundling and debarking);
(b)felling or cutting trees for firewood;
(c)delivering timber or firewood;
(d)clearing timber, cutting scrub, preparing land for tree planting, planting trees, pruning trees or coppice cleaning.
(2)The timber contractor is taken to be a worker employed by the principal if—
(a)the work is for (or incidental to) the principal’s trade or business; and
(b)the timber contractor personally does part or all of the work; and
(c)if the principal is a corporation—the timber contractor is not an executive officer of the corporation.
(3)This section applies whether the work is to be performed by the timber contractor—
(a)for the principal; or
(b)for someone (other than the principal) with whom the timber contractor has no contract to perform the work.
16AFamily day care educators
(1)An educator engaged by an approved family day care service is taken to be a worker of the service.
(2)Also, the Minister may make a declaration for this section—
(a)if requested by an approved family day care service; or
(b)on the Minister’s own initiative, if the Minister considers that people engaged by an approved family day care service should be treated as workers of the service.
(3)For this Act—
(a)an individual included in a class of individuals declared by the Minister is taken to be a worker employed by the person stated in the declaration to be the employer of individuals in that class; and
(b)the individual’s employment is taken to be as stated in the declaration for individuals in the class.
(4)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
approved family day care service—see the Education and Care Services National Law (ACT), section 5 (1).
educator—see the Education and Care Services National Law (ACT), section 5 (1).
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
Religious workers
(1)The Minister may make a declaration for this section in accordance with a request by—
(a)a religious organisation; or
(b)a person acting on behalf of a religious organisation.
(2)For this Act—
(a)an individual included in a class of individuals declared by the Minister is taken to be a worker employed by the person stated in the declaration to be the employer of individuals in that class; and
(b)the individual’s employment is taken to be as stated in the declaration for individuals in the class.
(3)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
17AVolunteers
To remove any doubt, an individual who is engaged to perform work for someone else, and who receives no payment for the work (apart from any payment for expenses), is taken not to be a worker unless the individual is taken to be a worker under any of the following sections:
· section 14 (Trainees)
· section 17 (Religious workers)
· section 18 (Commercial voluntary workers)
· section 19 (Public interest voluntary workers).
Commercial voluntary workers
(1)This section applies if—
(a)an individual (a commercial volunteer) is engaged under an arrangement by which the commercial volunteer performs work that is for (or incidental to) an enterprise, trade or business carried on by someone else (the principal); and
(b)the principal carries on the enterprise, trade or business for—
(i)if the principal is an individual—the financial benefit of the principal; or
(ii)if the principal is a corporation—the financial benefit of the corporation’s members; and
(c)the commercial volunteer receives no payment for the work (apart from any payment for expenses).
Examples
1 The Very Big Motocross Event Company (a corporation incorporated under the Corporations Act) promotes an event known as the ‘Mega Motocross’. The corporation engages a number of motocross enthusiasts as marshals for the event, but the marshals are volunteers (they are not paid). The Mega Motocross is an ‘enterprise, trade or business’ carried on for the financial benefit of the corporation’s members. The marshals are therefore commercial volunteers to whom this section applies.
2 The Motorboat and Jet-ski Club of Canberra Inc. (a not-for-profit body incorporated under the Associations Incorporation Act 1991) promotes an annual event known as the ‘Big Splash’. The club engages a number of enthusiasts as marshals for the event, but the marshals are volunteers (they are not paid). The Big Splash is not an ‘enterprise, trade or business’ carried on for the financial benefit of the club’s members. The marshals are therefore not commercial volunteers to whom this section applies.
3 The Homeless Trust is an organisation incorporated under statute whose only object is to assist the homeless in Canberra. The trust runs an opportunity shop in Tuggeranong, which earns a small profit. The shop is staffed by unpaid volunteers. The shop’s profits are used to assist the homeless. The shop is an ‘enterprise, trade or business’, but it is not carried on for the financial benefit of the trust’s members. The volunteer staff of the shop are therefore not commercial volunteers to whom this section applies.
4 If the Homeless Trust described in example 3 were an unincorporated group of individuals (or a single individual), but carried on the same activities for the same single purpose, the shop concerned would be an ‘enterprise, trade or business’, but would not be carried on for the financial benefit of the individuals (or individual) by whom the trust is constituted (who would be the principals, or principal). The volunteer staff of the shop would therefore also not be commercial volunteers to whom this section applies.
(2)A commercial volunteer is taken to be a worker employed by the principal, unless the principal is exempt from the application of this subsection in relation to the volunteer under a certificate given under subsection (3).
(3)On application by the principal, the Minister may give the principal a certificate (a volunteer exemption certificate) exempting the principal from the application of subsection (2) in relation to the commercial volunteers mentioned in the certificate if the Minister considers it appropriate, having regard to the interests of the principal and the commercial volunteers mentioned.
(4)A volunteer exemption certificate must state—
(a)which commercial volunteers (or class of commercial volunteers) it applies to; and
(b)the work it applies to; and
(c)the period, or the event, it applies to.
(5)A volunteer exemption certificate is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Public interest voluntary workers
(1)The Minister may make a declaration for this section in relation to work (public interest voluntary work) undertaken for a stated entity if the Minister considers that making the declaration is necessary or desirable in the public interest.
Example
As noted in section 18 (1), example 2, the volunteer marshals for the annual Big Splash event described in that example would not be ‘commercial volunteers’ to whom section 18 applies. Therefore, apart from section 19, they would not be taken to be workers for this Act (see s 17A (Volunteers)). The club promoting the event would therefore not normally be required to take out compulsory workers compensation insurance under this Act to cover the work of the marshals.
However, the Big Splash is potentially very dangerous for the volunteer marshals, as they must be present in their own boats on Lake Burley Griffin while the participants perform difficult stunts in motorboats and jet skis at high speed nearby. In previous years, volunteer marshals have been seriously injured at the event, and the Minister considers that the club did not take out adequate insurance cover for the work of the marshals.
Taking these matters into account, the Minister may consider that it is necessary or desirable in the public interest that the work of the volunteer marshals be declared to be public interest voluntary work for this section.
(2)For this Act, an individual is taken to be a worker employed by the entity stated in the declaration, or a person (the principal) named in the declaration on behalf of the entity, if the individual—
(a)performs public interest voluntary work for the entity or the principal; and
(b)receives no payment for the work (apart from any payment for expenses).
(3)A declaration under this section is a disallowable instrument.
NoteA disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act.
Chapter 4Entitlement to compensation
Part 4.1Important concepts
Meaning of cpi indexed andawe indexed
(1)In this chapter:
awe indexed, for an amount, means the amount as adjusted in line with any adjustment in the AWE after the commencement of the provision in which the amount appears.
CPI means the All Groups Consumer Price Index (Canberra) issued by the Australian statistician.
NoteIn June 2001, this was series 6401.0.
cpi indexed, for an amount, means the amount as adjusted in line with any adjustment in the CPI since the commencement of the provision in which the amount appears.
NoteAWE is defined in the dict.
(2)However, if an amount to be awe indexed or cpi indexed would, if adjusted in line with the adjustment (the negative adjustment) to the AWE or CPI, become smaller, the amount is not reduced in line with the negative adjustment.
(3)An amount that, in accordance with subsection (2), is not reduced may be increased in line with an adjustment in the AWE or CPI that would increase the amount only to the extent that the increase, or part of the increase, is not one that would cancel out the effect of the negative adjustment.
(4)Subsection (3) does not apply to a negative adjustment once the effect of the negative adjustment has been offset against an increase in line with an adjustment in the AWE or CPI.
Example of adjustments
An amount in a section is $100 cpi indexed.
There is a 20% increase in the CPI after the section commences. The amount in the section becomes $120 (100 + 20%).
There is then a 10% drop in the CPI. The amount does not change from $120 (although if it had changed it would be $108).
There is a 20% increase in the CPI. The 20% increase is not to the $120, but to the $108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount ($120) increased by so much of the 20% increase that did not cancel out the effect of the adjustment down to $108.
Working out average pre-incapacity weekly earnings for non-contractor
(1)In working out average pre-incapacity weekly earnings for a worker who is not a contractor—
(a)if the worker was, immediately before the injury, employed by 2 or more employers—the worker’s earnings from all employment must be taken into account; and
(b)the actual weekly earnings of the worker may be taken into account over—
(i)a period of 1 year before the injury; or
(ii)if the worker has not been employed for 1 year—the period of employment.
(2)However, if it is not possible to work out fair average pre-incapacity weekly earnings for the worker under subsection (1) because the worker has only been employed for a short time, because of the terms of the worker’s employment or for some other reason, the worker’s average pre-incapacity weekly earnings may be worked out by reference to the average weekly amount being earned by—
(a)others in the same employment who perform similar work at the same grade as the worker; or
(b)if there is no-one mentioned in paragraph (a) in the same employment—others in the same class of employment as the worker, who perform similar work at the same grade as the worker.
Working out average pre-incapacity weekly earnings for contractor
In working out average pre-incapacity weekly earnings for a worker who is a contractor, the worker’s average pre-incapacity weekly earnings are to be worked out—
(a)as if the worker were an employee; and
(b)if there is an award or industrial agreement applying to the class and grade of work in which the worker was engaged—by reference to the award or industrial agreement.
Working out average pre-incapacity weekly hours for non-contractor
(1)In working out average pre-incapacity weekly hours for a worker who is not a contractor—
(a)if the worker was, immediately before the injury, employed by 2 or more employers—the worker’s work hours from all employment must be taken into account; and
(b)the actual weekly work hours of the worker over a period of up to 1 year before the injury may be taken into account.
(2)However, if it is not possible to work out fair average pre-incapacity weekly hours for the worker under subsection (1) because the worker has only been employed for a short time, because of the terms of the worker’s employment or for some other reason, the worker’s average pre-incapacity weekly hours may be worked out by reference to the average weekly hours being worked by—
(a)others in the same employment who perform similar work at the same grade as the worker; or
(b)if there is no-one mentioned in paragraph (a) in the same employment—others in the same class of employment as the worker, who perform similar work at the same grade as the worker.
Working out average pre-incapacity weekly hours for contractor
In working out average pre-incapacity weekly hours for a worker who is a contractor, the worker’s average pre-incapacity weekly hours are to be worked out as if the worker were an employee.
Overtime—hours and wages
(1)This section applies to a component of the worker’s earnings or hours attributable to overtime.
(2)The overtime is to be taken into account in working out average pre-incapacity weekly earnings or average pre-incapacity weekly hours only if—
(a)the worker worked overtime in accordance with a regular and established pattern; and
(b)the pattern was substantially uniform as to the number of hours of overtime worked; and
(c)the worker would have continued to work overtime in accordance with the established pattern if the worker had not been injured.
Gradual onset of incapacity
(1)This section applies if, because of the gradual onset of a worker’s injury, it appears that the level of the worker’s average pre-incapacity weekly earnings, or average pre-incapacity weekly hours, have been affected.
(2)The worker’s average pre-incapacity weekly earnings, or average pre-incapacity weekly hours, must be set at an amount that fairly represents the weekly amount that the worker would have been earning or working if the level had not been affected.
Compensation for death or incapacity through disease
(1)If—
(a)a worker contracts a disease or suffers an aggravation, acceleration or recurrence of a disease; and
(b)any employment of the worker by his or her employer was a substantial contributing factor to the contraction of the disease or the aggravation, acceleration or recurrence whether or not the disease was contracted or the aggravation, acceleration or recurrence was suffered in the course of that employment;
subsections (2) to (5) have effect.
(2)If the worker dies or is totally or partially incapacitated for work as a result of the disease, or the worker received medical treatment in relation to the disease, then, for this Act, unless the contrary intention appears—
(a)the contraction of the disease, or the aggravation, acceleration or recurrence of the disease is a personal injury to the worker arising out of the employment of the worker by the worker’s employer; and
(b)the date of the injury is the earliest of the following:
(i)the date of the death;
(ii)the date of the start of the incapacity;
(iii)the date when the medical treatment was first received.
(3)If a liability of an employer in relation to a disease of a worker arises under this section, any other employer who, before that liability so arising, employed the worker in any employment that caused or contributed to the disease is, subject to subsection (4), liable to pay to the employer from whom compensation is recoverable the contribution that is, in default of agreement, settled by arbitration.
(4)An employer is not liable under subsection (2) or (3) in relation to a disease if the worker, at the time of entering the employment of that employer, made a wilful and false representation that the worker did not suffer, or had not previously suffered, from that disease.
(5)A claimant for compensation under this section in relation to a worker’s disease must, if so required, give the employer who is liable to pay compensation to the claimant with the information about the names and addresses of the worker’s other employers that the claimant possesses.
Employment-related diseases
Without limiting by implication the operation of section 27, if—
(a)a worker has suffered, or is suffering from a disease, or the death of a worker results from a disease; and
(b)the disease is a disease of a kind specified by regulation as a disease that is related to employment of a kind so specified; and
(c)the worker was, at any time before symptoms of the disease first became apparent, engaged in employment of that kind;
then, for this Act, unless the contrary is established, the employment in which the worker was so engaged is taken to have been a substantial contributing factor to the disease.
Compensation for disease
(1)Any employment in which a worker who has contracted a disease was engaged at any time before symptoms of the disease first became apparent is, unless the contrary is established, taken for this Act to have been a substantial contributing factor to the worker’s contracting the disease if the incidence of the disease among people who have engaged in that kind of employment is significantly greater than the incidence of the disease among people who have engaged in employment generally in the place where the worker was ordinarily employed.
(2)Any employment in which a worker who has suffered an aggravation, acceleration or recurrence of a disease was engaged at any time before symptoms of the aggravation, acceleration or recurrence first became apparent is, unless the contrary is established, taken for this Act to have been a substantial contributing factor to the aggravation, acceleration or recurrence if the incidence of the aggravation, acceleration or recurrence of the disease among people suffering from the disease who have engaged in that kind of employment is significantly greater than the incidence of the aggravation, acceleration or recurrence of the disease among people suffering from the disease who have engaged in employment generally in the place where the worker was ordinarily employed.
(3)The death of a worker is taken for this Act to have been substantially contributed to by a disease if, apart from that disease, the death of the worker would have happened at a significantly later time.
(4)An incapacity for work or facial disfigurement of a worker is taken for this Act to have been substantially contributed to by a disease if, apart from the disease—
(a)the incapacity or disfigurement would not have happened; or
(b)the incapacity would have begun, or the disfigurement would have happened, at a significantly later time; or
(c)the extent of the incapacity or disfigurement would have been significantly less.
(5)This section does not limit the operation of section 27.
Part 4.2Compensation for personal injury
General entitlement to compensation for personal injury
(1)An employer is liable to pay compensation under this Act if a worker of the employer suffers personal injury arising out of, or in the course of, the worker’s employment.
(2)However, if the injury is caused by a disease, the injury is taken to have arisen out of, or in the course of, the worker’s employment only if the employment substantially contributes to the injury.
(3)Also, an injury suffered by a worker partly or completely because the worker had any of the following pre-existing conditions is taken to have arisen out of, or in the course of, the worker’s employment only if the employment substantially contributes to the injury:
(a)diseased heart valve;
(b)coronary artery disease;
(c)aortic aneurism;
(d)cerebral aneurism;
(e)any other condition prescribed by regulation for this section.
(4)Further, this section is subject to the following provisions:
(a)part 4.2A (Employment connection with ACT or State);
(b)section 34 (Injury outside Australia);
(c)part 4.8 (Exceptions to entitlements to compensation);
(d)in relation to the entitlement to weekly compensation—
(i)section 37 (What if the worker is dead?);
(ii)section 113 (Compliance by workers).
Amounts of compensation under Act cumulative
An amount of compensation payable under a provision of this Act in relation to an injury is, unless otherwise expressly stated, in addition to any amount of compensation paid or payable under any other provision of this Act.
Payments to people with legal disabilities
(1)If compensation under this Act is payable to someone with a legal disability, the Magistrates Court may make any order about the payment of the compensation that it considers appropriate to protect the person or the person’s interests.
(2)In this section:
person with a mental disability means a person who is not legally competent to conduct the person’s legal affairs because of a mental disability whether or not a guardian has not been appointed for the person under the Guardianship and Management of Property Act 1991.
someone with a legal disability means someone who is—
(a)a child; or
(b)a person with a mental disability.
Injury outside Australia
Compensation is payable in relation to an injury to a territory worker suffered while the worker is outside Australia only if compensation would be payable in relation to the injury if the worker suffered the injury in Australia.
When is a worker taken to be totally incapacitated?
(1)In this Act, a worker is taken to be totally incapacitated for work if—
(a)a doctor certifies that the worker is partially incapacitated for work; and
(b)the partial incapacity prevents the worker from performing the duties the worker performed before becoming incapacitated; and
(c)the employer cannot provide appropriate alternative employment; and
(d)the worker cannot find appropriate alternative employment.
(2)For subsection (1), the worker is taken to be totally incapacitated from the time when the worker became partially incapacitated until 1 of the following happens:
(a)the worker becomes totally incapacitated;
(b)the employer provides the worker with appropriate alternative employment;
(c)the worker finds appropriate alternative employment.
Journey claims
(1)A personal injury received by a worker on an employment-related journey is, for this Act, an injury arising out of, or in the course of, the worker’s employment.
NoteCompensation may be payable for an injury arising out of, or in the course of, employment under s 31 (General entitlements to compensation for personal injury).
(2)The following are employment-related journeys for the worker:
(a)a journey between the worker’s home and workplace;
(b)a journey between the worker’s home and an educational institution that the worker is attending for an employment‑related purpose;
(c)a journey between the worker’s home or workplace and another place if the purpose of the journey is to obtain 1 or more of the following in relation to a previous injury for which the worker is entitled to compensation under this Act:
(i)a medical certificate;
(ii)medical advice, attention or treatment;
(iii)compensation.
(3)However, subsection (1) applies to an injury received during or after a non employment-related interruption of, or deviation from, an otherwise employment-related journey only if the risk of injury was not materially increased because of the interruption or deviation.
(4)For this section—
(a)an employment-related journey to the worker’s home is taken to end at the boundary of the premises where the worker’s home is located; and
(b)an employment-related journey from the worker’s home is taken to begin at the boundary of the premises where the worker’s home is located.
(5)In this section:
home, for a worker, means the place where the worker usually lives.
workplace, for a worker, means the worker’s place of employment.
Part 4.2AEmployment connection with ACT or State
36AMeaning of Territory or State of connectionetc
(1)In this Act:
Territory or State of connection, in relation to the employment of a worker, means—
(a)the Territory or State with which the employment of the worker is connected, as determined under this part; and
(b)if this Act mentions the Territory or State of connection determined under the law of a State for that employment—the State of connection for that employment, or the Territory or State of connection for that employment, within the meaning of the law of the State.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
(2)In this part:
employer, in relation to a Territory or State, includes an employer within the meaning of the workers compensation law of the Territory or State.
employment, in relation to a Territory or State, includes employment within the meaning of the workers compensation law of the Territory or State.
worker, in relation to a Territory or State, includes a worker within the meaning of the workers compensation law of the Territory or State.
36BEmployment connection test
(1)Compensation under this Act is only payable if the ACT is the Territory or State of connection.
(2)The fact that a worker is outside the ACT when injured does not prevent compensation being payable under this Act if the ACT is the Territory or State of connection.
(3)A worker’s employment is connected with—
(a)the Territory or State where the worker usually works in the employment; or
(b)if no Territory or State, or no single Territory or State, is identified by paragraph (a)—the Territory or State where the worker is usually based for the purposes of the employment; or
(c)if no Territory or State, or no single Territory or State, is identified by paragraph (a) or (b)—the Territory or State where the employer’s principal place of business in Australia is located.
(4)For a worker working on a ship, if no Territory or State, or no single Territory or State, is identified by subsection (3), the worker’s employment is, while working on the ship, connected with—
(a)the Territory or State where the ship is registered; or
(b)if the ship is registered in more than 1 Territory or State—the Territory or State where the ship most recently became registered.
(5)If no Territory or State is identified for a worker by subsection (3) or (4), the worker’s employment is connected with the ACT if—
(a)the worker is in the ACT when injured; and
(b)the worker is not entitled to compensation in relation to the injury under the workers compensation law of an external Territory, or a place outside Australia.
(6)In deciding whether a worker usually works in a Territory or State—
(a)regard must be had to the following:
(i)the worker’s work history with the employer over the previous 12 months;
(ii)the worker’s proposed future working arrangements;
(iii)the intentions of the worker and employer;
(iv)any period during which the worker worked in a Territory or State (a relevant place) or was in a relevant place for the purposes of employment, whether or not the worker is regarded as working or employed in the relevant place under the workers compensation law of the relevant place; but
(b)regard must not be had to any temporary arrangement under which the worker works in a Territory or State for a period of not longer than 6 months.
Example—worker usually works in a single jurisdiction
Emma is employed as an electrical trades assistant with a NSW-based employer. Emma performs all of her employment duties on worksites in the ACT, taking her own vehicle to work and providing her own tools and equipment. Emma does not attend her employer’s premises in NSW in the course of her day-to-day duties and receives all of her instructions from the relevant project manager on sites in the ACT.
For s (3) (a), Emma usually performs work for her employer in the ACT and her Territory or State of connection is the ACT.
Example—worker usually works in more than one jurisdiction
An employer carries on business as an interstate bus operator from premises in the ACT. Ray is engaged by the employer as a bus driver, mainly driving buses between Canberra and Sydney, NSW, but also driving buses between Canberra and Melbourne, VIC. Occasionally Ray drives charter buses entirely within the ACT for the employer.
For s (3) (a), Ray usually works in the ACT, NSW and VIC. As s (3) (a) does not decide Ray’s Territory or State of connection, s (3) (b) needs to be considered.
(7)In deciding whether a worker is usually based in a Territory or State regard must be had to the following:
(a)if the employer provides a place from which the worker is expected to operate—that place;
(b)if a place is stated in the worker’s contract of employment with the employer—that place;
(c)the place from which the worker routinely receives day-to-day instructions from the employer;
(d)the place where the worker attends to collect material for the purposes of their employment;
(e)the place where the worker reports for administrative, human resource and other issues related to the workers’ employment with the employer.
Example—worker usually based in a single jurisdiction
Jenny is a sales representative for XYZ. Each morning Jenny is required to attend a warehouse in NSW to collect her employer’s products, which she is then required to distribute to various retail outlets in NSW and the ACT. Jenny uses a vehicle supplied by her employer, which she garages at her home in NSW. At the end of each day Jenny is required to return any unsold merchandise to the warehouse in NSW.
Jenny works without day-to-day supervision. Jenny’s immediate manager is located in XYZ’s ACT office and is the person to whom she is required to send reports and time sheets and to whom she reports verbally by telephone from time to time.
Jenny sends all written correspondence to her manager via a fax located at her home in NSW. All invoice books which Jenny needs to carry out her duties are mailed to her home in NSW from where she prepared all documentation related to her employment.
For s (3) (b), Jenny is usually based in NSW for the purposes of her employment with XYZ. The employer’s NSW warehouse is the place provided by XYZ that Jenny is expected to operate from.
Example—worker is usually based in more than one jurisdiction
Paul is employed by an interstate trucking company that transports textiles across Australia. Paul is supplied with a truck for the purposes of his employment and is permitted to garage it at his home in the ACT while not in use.
(4), (5) exp 1 July 2004 (s 212 (4))
am A2006‑4 amdt 1.16
renum as s 202 A2006‑4 amdt 1.17
am A2015‑33 amdt 3.18; A2020-30 s 103, amdt 1.9
Criminal liability of executive officers
s 203orig s 203
(prev s 26M) ins A1997‑66 s 15
am A1999‑82 sch pt 2
renum as s 203 R9 LA (see A2001‑81 s 34)
om A2006‑4 s 52
pres s 203
(prev s 26U) ins A2001‑81 s 29
am A2002‑11 amdt 2.114
renum as s 214 R9 LA (see A2001‑81 s 34)
am A2002‑51 amdt 1.60
sub A2003‑49 amdt 2.42
am A2006‑4 s 56, s 57
renum as s 203 A2006‑4 s 58
am A2009‑56 s 43
sub A2013-4 amdt 1.16
am A2020-30 s 103
Court-directed publicity for offences
s 204(prev s 26N) ins A1997‑66 s 15
am A1999‑82 sch pt 2
renum as s 204 R9 LA (see A2001‑81 s 34)
om A2006‑4 s 52
ins A2006‑4 s 53
Publication by regulator of convictions etc
s 205 hdgam A2011‑22 amdt 1.497; A2020-30 s 100
s 205(prev s 26P) ins A1997‑66 s 15
am A2001‑81 amdt 1.49
renum as s 205 R9 LA (see A2001‑81 s 34)
am A2006‑23 amdt 1.311
om A2006‑4 s 52
ins A2006‑4 s 53
am A2011‑22 amdt 1.497; A2015‑33 amdt 1.265; A2020-30 s 100
Minister must take advice
s 206orig s 206
(prev s 26Q) ins A1997‑66 s 15
am A2001‑81 amdt 1.49, amdt 2.29
renum as s 206 R9 LA (see A2001‑81 s 34)
om A2006‑4 s 52
pres s 206
(prev s 27A) ins A2001‑81 s 29
renum as s 216 R9 LA (see A2001‑81 s 34)
renum as s 206 A2006‑4 amdt 1.18
sub A2009‑28 amdt 2.31
am A2011‑55 amdts 1.26-1.28; A2019‑38 amdt 1.24
Rules of court
s 207orig s 207
(prev s 26R) ins A1997‑66 s 15
am A1999‑82 sch pt 2; A2001‑81 amdt 1.49
renum as s 207 R9 LA (see A2001‑81 s 34)
om A2006‑4 s 52
pres s 207
(prev s 27B) ins A1991‑105 s 20
am A1994‑60 sch 1; A1995‑46 sch
sub A2001‑81 s 29
renum as s 217 R9 LA (see A2001‑81 s 34)
renum as s 207 A2006‑4 amdt 1.18
om A2006‑40 amdt 2.212
Directions about procedure
s 208orig s 208
(prev s 26RA) renum as s 198
pres s 208
(prev s 27C) ins A2001‑81 s 29
renum as s 218 R9 LA (see A2001‑81 s 34)
renum as s 208 A2006‑4 amdt 1.18
am A2009‑49 amdt 3.218
References to Workers’ Compensation Act etc
s 209orig s 209
(prev s 26RB) renum as s 199
pres s 209
ins A2006‑4 s 59
Miscellaneous
ch 14 hdgrenum as ch 13 hdg
Apportioning cost of administering workers compensation and safety legislation
s 210orig s 210
sub as s 200
pres s 210
ins A2006‑4 s 59
am A2011‑22 amdt 1.494
sub A2013‑46 s 10
am A2020-30 ss 87-91
Notice of apportioned liability
s 210Ains A2013‑46 s 10
am A2020-30 s 98, s 99, s 102, s 104
Amounts for administering workers compensation and safety legislation
s 211 hdgsub A2013‑46 s 11
s 211orig s 211
(prev s 15) renum as s 201
pres s 211
ins A2006‑4 s 59
am A2013‑46 s 12
Time for beginning prosecutions
s 212renum as s 202
False information etc
s 213(prev s 26T) ins A2001‑81 s 29
renum as s 213 R9 LA (see A2001‑81 s 34)
sub A2003‑49 amdt 2.42
om A2006‑4 s 55
Criminal liability of executive officers
s 214renum as s 203
Criminal liability of officers of corporation
s 215(prev s 27) ins A1991‑105 s 20
sub A2001‑81 s 29
renum as s 215 R9 LA (see A2001‑81 s 34)
om A2003‑49 amdt 2.42
Minister must take advice
s 216renum as s 206
Rules of court
s 217renum as s 207
Directions about procedure
s 218renum as s 208
References to Workers’ Compensation Act
s 219(prev s 27CA) ins A2001‑81 s 29
renum as s 219 R9 LA (see A2001‑81 s 34)
om A2006‑4 s 59
Funds for administration of Act
s 220(prev s 27D) ins A1998‑31 s 4
am A2001‑81 amdts 1.51-1.55; A2002‑22 amdt 1.29
renum as s 220 R9 LA (see A2001‑81 s 34)
om A2006‑4 s 59
Determination of fees
s 221(prev s 28) am Ord1952‑4 s 10; Ord1967‑44 sch 1; Ord1969‑13 s 3; Ord1989‑38 sch 1; A1991‑105 s 21; A1994‑68 s 7; A1998‑54 sch
sub A2001‑44 amdt 1.4383
renum as s 221 R9 LA (see A2001‑81 s 34)
am A2009‑49 amdt 3.218
Approved forms
s 222(prev s 29) ins A2001‑44 amdt 1.4383
renum as s 222 R9 LA (see A2001‑81 s 34)
(4)-(7) exp 12 September 2002 (s 222 (7))
am A2009‑49 amdt 3.218
Regulation-making power
s 223(prev s 30) ins A2001‑44 amdt 1.4383
am A2001‑81 s 30; A2002‑22 amdt 1.30, amdt 1.31
renum as s 223 R9 LA (see A2001‑81 s 34)
am A2006‑8 s 24; A2007‑16 amdt 3.151; A2017-7 amdt 1.15; A2020-30 s 98, s 101, s 104; A2022‑23 s 17, s 18
Temporary provisions for acts of terrorism
ch 14A hdgrenum as ch 15 hdg and then pt 8.3 hdg
Acts of terrorism
ch 15 hdg(prev ch 14A hdg) renum as ch 15 hdg and then pt 8.3 hdg
Application of ch 15 to insurers
s 224(prev s 30A) renum as s 224 and then s 179A
Definitions—ch 15
s 225(prev s 30B) renum as s 225 and then s 179B
Meaning of act of terrorism for ch 15
s 226(prev s 30C) renum as s 226 and then s 179C
Terrorism cover temporary reinsurance fund
s 227(prev s 30D) renum as s 227 and then s 179D
Entitlement of insurers to reimbursement from temporary fund
s 228(prev s 30E) renum as s 228 and then s 179E
Payments out of temporary fund
s 229(prev s 30F) renum as s 229 and then s 179F
Regulations about temporary fund
s 230(prev s 30G) renum as s 230 and then s 179G
Exclusion of Corporations legislation
s 231(prev s 30H) renum as s 231 and then s 179H
Review of payments out of temporary fund
s 232(prev s 30I) renum as s 232 and then s 179I
Transitional—Workers Compensation Amendment Act 2001
ch 16 hdg(prev ch 15 hdg) ins A2001‑81 s 32
renum as ch 16 hdg R9 LA (see A2001‑81 s 34)
sub A2003‑49 amdt 1.10
exp 1 July 2004 (s 246)
Definitions for ch 16
s 233(prev s 32) ins A2001‑81 s 32
renum as s 233 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
What injuries does this Act apply to?
s 234(prev s 33) ins A2001‑81 s 32
renum as s 234 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
What happens to injuries before the commencement of the amendment Act?
s 235(prev s 34) ins A2001‑81 s 32
renum as s 235 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Determined categories of workers
s 236(prev s 35) ins A2001‑81 s 32
renum as s 236 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Approved insurers
s 237(prev s 36) ins A2001‑81 s 32
sub A2002‑22 amdt 1.32
renum as s 237 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Exempt employers
s 238(prev s 37) ins A2001‑81 s 32
sub A2002‑22 amdt 1.32
renum as s 238 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Prescribed insurance policies
s 239(prev s 37A) ins A2002‑22 amdt 1.32
renum as s 239 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Approved rehabilitation providers
s 240(prev s 37B) ins A2002‑22 amdt 1.32
renum as s 240 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Work experience students
s 240Ains as mod SL2002‑20 sch 4 (as am by SL2002‑29 s 15)
exp 1 July 2004 (s 246)
Children and Young People Act and compensation
s 241(prev s 37C) ins A2002‑22 amdt 1.32
renum as s 241 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Periodic Detention Act and compensation
s 242(prev s 37D) ins A2002‑22 amdt 1.32
renum as s 242 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Remand Centres Act and compensation
s 243(prev s 37E) ins A2002‑22 amdt 1.32
renum as s 243 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Supervision of Offenders (Community Service Orders) Act and compensation
s 244(prev s 37F) ins A2002‑22 amdt 1.32
renum as s 244 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Modification of ch 16’s operation
s 245(prev s 38) ins A2001‑81 s 32
renum as s 245 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Application of Criminal Code—Workers Compensation Amendment Act 2003
s 245Ains A2003‑32 s 7
exp 1 July 2004 (s 246)
Auditors’ certificates—Workers Compensation Amendment Act 2003
s 245Bins A2003‑32 s 7
exp 1 July 2004 (s 246)
Expiry of ch 16
s 246(prev s 39) ins A2001‑81 s 32
renum as s 246 R9 LA (see A2001‑81 s 34)
exp 1 July 2004 (s 246)
Transitional—Workers Compensation Amendment Act 2003 (No 2)
ch 17 hdgorig ch 17 hdg
renum as ch 18 hdg
prev ch 17 hdg
ins A2003‑49 amdt 1.11
exp 3 June 2006 (s 249)
Definitions—ch 17
s 247orig s 247
renum as s 250
prev s 247
ins A2003‑49 amdt 1.11
def cross-border scheme commencement day ins A2003‑49 amdt 1.11
def cross-border scheme provisions ins A2003‑49 amdt 1.11
s 247 exp 3 June 2006 (s 249 (LA s 88 declaration applies))
Application of cross-border scheme provisions
s 248orig s 248
renum as s 251
prev s 248
ins A2003‑49 amdt 1.11
exp 3 June 2006 (s 249 (LA s 88 declaration applies))
Expiry—ch 17
s 249orig s 249
renum as s 252
prev s 249
ins A2003‑49 amdt 1.11
exp 3 June 2006 (s 249)
Modification of Act
ch 18 hdg(prev ch 17 hdg) ins A2004‑39 amdt 1.43
renum as ch 18 hdg R21 LA
exp 9 January 2009 (s 254)
Application—ch 18
s 250orig s 250
renum as s 253
pres s 250
(prev s 247) ins A2004‑39 amdt 1.43
renum as s 250 R21 LA
exp 9 January 2009 (s 254)
Dictionary, definition of chiropractor
s 251orig s 251
renum as s 254
prev s 251
(prev s 248) ins A2004‑39 amdt 1.43
renum as s 251 R21 LA
exp 9 January 2009 (s 254)
Dictionary, definition of osteopath
s 252(prev s 249) ins A2004‑39 amdt 1.43
renum as s 252 R21 LA
exp 9 January 2009 (s 254)
Dictionary, definition of physiotherapist
s 253(prev s 250) ins A2004‑39 amdt 1.43
renum as s 253 R21 LA
exp 9 January 2009 (s 254)
Expiry—ch 18
s 254(prev s 251) ins A2004‑39 amdt 1.43
renum as s 254 R21 LA
exp 9 January 2009 (s 254)
Transitional—Workers Compensation Amendment Act 2006
ch 19 hdgins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Definitions—ch 19
s 255ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
def commencement day ins A2006‑4 s 61
def nominal insurer ins A2006‑4 s 61
def WCSF Act ins A2006‑4 s 61
def workers compensation supplementation fund ins A2006‑4 s 61
Transfer of nominal insurer’s assets and liabilities
s 256ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Amounts in workers compensation supplementation fund
s 257ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Amounts to be paid
s 258ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Proceedings and evidence in relation to previous entities
s 259ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Claims made against nominal insurer
s 260ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Claims made under WCSF Act before commencement day
s 261ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Claims for weekly payments
s 262ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Transitional regulations
s 263ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Expiry—ch 19
s 264ins A2006‑4 s 61
exp 1 July 2008 (s 264 (LA s 88 declaration applies))
Transitional—Workers Compensation Amendment Act 2020
ch 20 hdgins A2020‑6 s 13
exp 28 February 2020 (s 268)
Meaning of amendment Act—ch 20
s 265ins A2020‑6 s 13
exp 28 February 2020 (s 268)
Effect of Workers Compensation (Family Day Care and In‑Home Care) Declaration 2006 (No 1)
s 266ins A2020‑6 s 13
exp 28 February 2020 (s 268)
Effect of Workers Compensation (Family Day Care and In‑Home Care) Declaration 2018 (No 1)
s 267ins A2020‑6 s 13
exp 28 February 2020 (s 268)
Expiry—ch 20
s 268ins A2020‑6 s 13
exp 28 February 2020 (s 268)
Transitional—Employment and Workplace Safety Legislation Amendment Act 2020
ch 21 hdgins A2020-30 s 92
exp 9 January 2023 (s 273)
Meaning of commencement day
s 269ins A2020-30 s 92
exp 9 January 2023 (s 273)
Approved insurers
s 270ins A2020-30 s 92
exp 9 January 2023 (s 273)
Self-insurers
s 271ins A2020-30 s 92
exp 9 January 2023 (s 273)
Transitional regulations
s 272ins A2020-30 s 92
exp 9 January 2023 (s 273)
Expiry—ch 21
s 273ins A2020-30 s 92
exp 9 January 2023 (s 273)
Transitional—Workplace Legislation Amendment Act 2025 (No 3)
ch 22 hdgins A2025‑30 s 28
exp 13 November 2026 (s 275)
Application of pt 4.9
s 274ins A2025‑30 s 28
exp 13 November 2026 (s 275)
Expiry—ch 22
s 275ins A2025‑30 s 28
exp 13 November 2026 (s 275)
Compensation for permanent injuries
sch 1 hdgam A1991‑105 sch 4
sub A2001‑81 s 33
sch 1am Ord1952‑4 s 11; Ord1954‑12 s 5; Ord1959‑12 s 8; Ord1959‑20 s 4; Ord1961‑8 s 4; Ord1965‑6 s 6; Ord1967‑44 sch 1; Ord1968‑19 s 3 and sch 1; Ord1969‑7 sch; Ord1970‑26 sch; Ord1971‑15 sch; Ord1972‑35 s 2; Ord1972‑38 sch; Ord1973‑11 s 4; Ord1974‑34 sch; Ord1975‑11 sch; Ord1983‑69 s 17; Ord1985‑9 sch 2; Ord1987‑10 s 6; A1991‑44 s 7 and sch 1; A1991‑105 sch 1, sch 2 and sch 4; A1993‑19 s 5; A1994‑68 s 8; A1997‑66 s 17
sub A2001‑81 s 33
am A2002‑49 amdt 1.12; A2016-27 s 20; A2025‑18 s 10
Adjacent areas for States and Territories
sch 2 hdgam A1991‑105 s 24
sub A2007‑16 amdt 3.152
sch 2sub Ord1952‑4 s 12; Ord1954‑12 s 6; Ord1959‑20 s 5; Ord1965‑6 s 7; Ord1967‑44 s 4; Ord1968‑19 sch 2
am A1991‑105 s 24 and sch 2; A1997‑66 s 18
om A2001‑81 s 33
ins A2003‑49 amdt 1.12
ss renum R28 LA
DI fund advisory committee
sch 3 hdgam A1991‑105 sch 5
sch 3am Ord1952‑4 s 13; Ord1967‑44 sch 1; Ord1969‑18 s 12; Ord1987‑24 s 6; Ord1989‑38 sch 1; A1991‑105 sch 2 and sch 5; A1997‑27 sch 2; A1997‑66 s 19
om A2001‑81 s 33
ins A2006‑4 s 62
am A2008‑28 amdt 3.175; A2009‑56 s 44, s 45; A2010‑12 ss 7‑9, s 11, s 13; A2010‑12 ss 4-6, s 10, s 12; A2011‑22 amdt 1.497; A2020-30 s 100; A2022-4 amdts 1.79-1.81; A2023‑11 amdt 1.3
Rules relating to arbitrations under this Act
sch 4 hdgam A1991‑105 sch 6
sch 4am Ord1961‑8 s 5; Ord1983‑69 s 18; Ord1986‑84 s 61; A1991‑44 s 7 and sch 1; A1991‑105 s 23, sch 2 and sch 6
am A1997‑96 sch 1; A2001‑44 amdt 1.4385, amdt 1.4386
om A2001‑81 s 33
Dictionary
dictins A2001‑81 s 33
am A2006‑4 s 63; A2008‑37 amdt 1.567; A2011‑22 amdt 1.495, amdt 1.496; A2013‑44 amdt 3.211; A2015‑33 amdt 1.266; A2016-8 s 6; A2017‑4 amdt 3.216; A2019‑38 amdt 1.25, amdt 1.26
def ABS ins A2001‑81 s 33
om A2003‑41 amdt 3.520
def act of terrorism ins A2012‑8 s 12
def annual premium ins A2016-8 s 7
def approved insurer ins A2001‑81 s 33
om A2020-30 s 93
def approved rehabilitation provider ins A2001‑81 s 33
sub A2003‑49 amdt 2.43
def asbestos-related disease ins A2016-27 s 21
def assessed treatment and care needs ins A2016‑25 amdt 1.15
def auditor ins A2006‑4 s 64
am A2011‑27 amdt 1.17
def average pre-incapacity weekly earnings ins A2001‑81 s 33
def average pre-incapacity weekly hours ins A2001‑81 s 33
def AWE ins A2001‑81 s 33
sub A2003‑41 amdt 3.521
am A2013‑44 amdt 3.212; A2014‑17 amdt 1.107
def awe indexed ins A2001‑81 s 33
sub A2013‑44 amdt 3.213
def boilermakers deafness ins A2001‑81 s 33
def chair ins A2006‑4 s 64
def child ins A2001‑81 s 33
sub A2004‑2 amdt 1.61
def chiropractor reloc from s 6 (1) A2001‑81 amdt 1.5
am A2004‑39 amdt 1.44
sub A2010‑10 amdt 2.128
def claim for payment ins A2006‑4 s 64
def claims manager ins A2006‑4 s 64
def committee ins A2002‑22 amdt 1.33
om A2007‑16 amdt 3.153
def committee ins A2006‑4 s 64
sub A2007‑16 amdt 3.153
def compensable injury ins A2001‑81 s 33
def compensation ins A2001‑81 s 33
def compensation for costs ins A2001‑81 s 33
om A2017‑4 amdt 3.217
def compulsory insurance policy ins A2001‑81 s 33
def connected ins A2007‑16 amdt 3.154
def continental shelf ins A2007‑16 amdt 3.154
def CPI ins A2011‑52 amdt 3.200
def cpi indexed ins A2001‑81 s 33
sub A2013‑44 amdt 3.214
def damages ins A2003‑49 amdt 1.13
def damages claim ins A2003‑49 amdt 1.13
def decision-maker ins A2009‑56 s 46
def deductible proportion ins A2001‑81 s 33
def defined offence reloc from s 6 (1) A2001‑81 amdt 1.5
om A2002‑11 amdt 2.115
def dependant ins A2001‑81 s 33
def determined categories ins A2001‑81 s 33
def DI fund ins A2006‑4 s 64
def DI fund actuary ins A2006‑4 s 64
def DI fund advisory committee ins A2006‑4 s 64
def DI fund manager ins A2006‑4 s 64
def disease reloc from s 6 (1) A2001‑81 amdt 1.5
def domestic partner ins A2004‑2 amdt 1.62
def earned premium ins A2006‑4 s 64
om A2017‑4 amdt 3.217
def employer ins A2001‑81 s 33
am R7 LA; A2003‑49 amdt 1.14
sub A2007‑16 amdt 3.155
def employment ins A2003‑49 amdt 1.15
def excluded treatment and care ins A2016‑25 amdt 1.15
def executive officer ins A2001‑81 s 33
def full-time student ins A2001‑81 s 33
def given ins A2001‑81 s 33
sub A2002‑22 amdt 1.34
def gross written premiums ins A2013‑46 s 13
sub A2020-30 s 94
def imminently fatal asbestos-related disease ins A2016‑27 s 21
def incapacity date ins A2001‑81 s 33
om A2006‑4 s 65
def initial incapacity date ins A2006‑4 s 66
def initial loss ins A2001‑81 s 33
def injured worker ins A2001‑81 s 33
sub A2002‑22 amdt 1.35; A2007‑16 amdt 3.156
def injury ins A2001‑81 s 33
am A2003‑49 amdt 1.16
sub A2007‑16 amdt 3.157
def injury management ins A2001‑81 s 33
def injury management program ins A2001‑81 s 33
def injury notice ins A2001‑81 s 33
def insurer ins A2001‑81 s 33
sub A2002‑22 amdt 1.36; A2006‑4 s 67
am A2007‑16 amdt 3.158
sub A2012‑8 s 13
def inspector reloc from s 6 (1) A2001‑81 amdt 1.5
om R13 LA
ins A2002‑49 amdt 3.260
sub A2025‑30 s 29
def insurance service ins A2020-30 s 95
def insurer licence ins A2020-30 s 95
def internally reviewable decision ins A2009‑56 s 46
def internal reviewer ins A2009‑56 s 46
def licence ins A2020-30 s 95
def licensed insurer ins A2020-30 s 95
def licensed self-insurer ins A2020-30 s 95
def licensee ins A2020-30 s 95
def liquidator ins A2006‑4 s 68
def loss ins A2001‑81 s 33
def LTCS Act ins A2016‑25 amdt 1.15
def LTCS commissioner ins A2016‑25 amdt 1.15
def LTCS scheme ins A2016‑25 amdt 1.15
def lump sum claim ins A2003‑49 s 31
def managing controller ins A2006‑4 s 68
def maximum loss amount ins A2001‑81 s 33
def medical referee ins A2001‑81 s 33
sub A2006‑4 amdt 1.20
def medical treatment ins A2001‑81 s 33
def member ins A2006‑4 s 68
def member of the family reloc from s 6 (1) A2001‑81 amdt 1.5
am A2004‑2 amdt 1.63, amdt 1.64
def nominal insurer reloc from s 6 (1) A2001‑81 amdt 1.5
om A2006‑4 s 69
def nominated treating doctor ins A2001‑81 s 33
def non-business employer ins A2001‑81 s 33
def notional gross written premium ins A2013‑46 s 13
am A2020-30 s 104
def occupier ins A2007‑16 amdt 3.159
def offence ins A2007‑16 amdt 3.159
def official manager ins A2006‑4 s 70
def osteopath reloc from s 6 (1) A2001‑81 amdt 1.5
am A2004‑39 amdt 1.45
sub A2010‑10 amdt 2.129
def partially incapacitated ins A2001‑81 s 33
def participant ins A2016‑25 amdt 1.15
def payment ins A2001‑81 s 33
def pension age ins A2001‑81 s 33
om A2006‑8 s 25
def personal injury plan ins A2001‑81 s 33
sub A2007‑16 amdt 3.160
def Petroleum (Submerged Lands) Act ins A2007‑16 amdt 3.161
def physiotherapist reloc from s 6 (1) A2001‑81 amdt 1.5
am A2004‑39 amdt 1.46
sub A2010‑10 amdt 2.130
def premises ins A2007‑16 amdt 3.162
def prescribed employer ins A2025‑27 s 15
def prescribed worker ins A2025‑27 s 15
def professional sporting activity reloc from s 6 (1) A2001‑81 amdt 1.5
def protocol ins A2001‑81 s 33
sub A2007‑16 amdt 3.163
def receiver and manager ins A2006‑4 s 70
def recognised auditor ins A2003‑32 s 8
am A2003‑49 s 32; A2004‑42 amdt 3.122
sub A2006‑4 s 71; A2009‑56 s 47
om A2017‑4 amdt 3.217
def registered agreement ins A2001‑81 s 33
def registered auditor ins A2001‑81 s 33
om A2011‑52 amdt 3.201
def regulator ins A2020-30 s 95
def regulator condition ins A2020-30 s 95
def regulatory action ins A2020-30 s 95
def rehabilitation services ins A2006‑8 s 26
def return-to-work coordinator ins A2016-8 s 7
def return-to-work program ins A2001‑81 s 33
def reviewable decision ins A2001‑81 s 33
sub A2006‑4 amdt 1.21
am A2008‑37 amdt 1.568
sub A2009‑56 s 47
def rules ins A2001‑81 s 33
om A2006‑4 s 72
def Seas and Submerged Lands Act ins A2007‑16 amdt 3.164
def self-insurer ins A2001‑81 s 33
sub A2006‑4 amdt 1.22
om A2020-30 s 96
def self-insurer licence ins A2020-30 s 97
def single loss amount ins A2001‑81 s 33
def speech therapist reloc from s 6 (1) A2001‑81 amdt 1.5
def spouse reloc from s 6 (1) A2001‑81 amdt 1.5
om A2004‑2 amdt 1.65
def statutory floor ins A2001‑81 s 33
sub A2011‑28 amdt 3.230
def substantial ins A2001‑81 s 33
def substantive law ins A2003‑49 amdt 1.17
def temporary fund ins A2012‑8 s 14
def temporary fund threshold amount ins A2012‑8 s 14
def territorial sea ins A2007‑16 amdt 3.164
defTerritory or State of connection ins A2003‑49 amdt 1.17
def territory worker ins A2001‑81 s 33
sub A2003‑49 amdt 1.17
def therapeutic treatment reloc from s 6 (1) A2001‑81 amdt 1.5
def totally incapacitated ins A2001‑81 s 33
def total wages ins A2009‑56 s 48
def treatment and care needs ins A2016‑25 amdt 1.15
def vocational rehabilitation ins A2001‑81 s 33
def weekly compensation ins A2001‑81 s 33
sub A2006‑4 s 73
def worker ins A2001‑81 s 33
sub A2003‑49 amdt 1.18; A2007‑16 amdt 3.165
def workers compensation and safety legislation ins A2013‑46 s 13
def workers compensation law ins A2003‑49 amdt 1.18
def work injury ins A2016‑25 amdt 1.15
om A2017‑4 amdt 3.217
def workplace injury ins A2001‑81 s 33
sub A2002‑22 amdt 1.37; A2013‑44 amdt 3.215
def work-related injury ins A2003‑49 amdt 1.18
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
31 Mar 199222 Jan 1992–
8 Mar 1993A1991‑105 initial republication since self-government R1 (RI)
19 July 200622 Jan 1992–
8 Mar 1993A1991‑105 reissue of printed version R2
31 Jan 19949 Mar 1993–
13 Nov 1994A1993‑19 amendments by A1993‑19 R2 (RI)
19 July 20069 Mar 1993–
13 Nov 1994A1993‑19 reissue of printed version R2A
19 July 200614 Nov 1994–
24 Nov 1994A1994‑68 amendments by A1994‑60 R2B
19 July 200625 Nov 1994–
14 Dec 1994A1994‑68 amendments by A1994‑68 R2C
19 July 200615 Dec 1994–
31 Dec 1994A1994‑97 amendments by A1994‑97 R3
1 Jan 19951 Jan 1995–
17 Dec 1995A1994‑97 amendments by A1994‑68 R3 (RI)
19 July 20061 Jan 1995–
17 Dec 1995A1994‑97 reissue of printed version R3A
19 July 200620 Dec 1995–
30 Apr 1996A1995‑52 amendments by A1995‑46 and A1995‑52 R4
31 Mar 199731 Mar 1997–
16 Dec 1997A1996‑13 amendments by A1996‑13 R4 (RI)
19 July 200631 Mar 1997–
16 Dec 1997A1996‑13 reissue of printed version R5
31 Jan 199831 Jan 1998–
31 May 1998A1997‑96 amendments by A1997‑27 and A1997‑66 R5 (RI)
19 July 200631 Jan 1998–
31 May 1998A1997‑96 reissue of printed version R5A
19 July 20061 June 1998–
10 Sept 1998A1997‑96 amendments by A1997‑96 R5B
19 July 200611 Sept 1998–
8 Dec 1998A1998‑31 amendments by A1998‑31 R6
31 Dec 199831 Dec 1998–
9 Nov 1999A1998‑54 amendments by A1998‑54 R6 (RI)
19 July 200631 Dec 1998–
9 Nov 1999A1998‑54 reissue of printed version R6A
19 July 200610 Nov 1999–
22 Dec 1999A1999‑66 amendments by A1999‑66 R6B
19 July 200623 Dec 1999–
22 June 2000A1999‑85 amendments by A1999‑85 R6C
19 July 200623 June 2000–
20 Dec 2000A1999‑85 amendments by A1999‑82 and A1999‑85 R6D
19 July 200621 Dec 2000–
11 Sept 2001A2000‑80 amendments by A2000‑74 and A2000‑80 R7
9 Nov 20019 Nov 2001–
27 May 2002A2001‑81 amendments by A2001‑44 and A2001‑81 R8
30 May 200228 May 2002–
30 June 2002A2002‑11 uncommenced amendments by A2002‑11 R9
1 July 20021 July 2002–
1 July 2002A2002‑22 amendments by A2001‑81,
A2002‑11 and A2002‑22R10
2 July 20022 July 2002–
12 Sept 2002A2002‑22 commenced expiry R11
13 Sept 200213 Sept 2002–
25 Oct 2002A2002‑22 commenced expiry R12
29 Oct 200226 Oct 2002–
31 Dec 2002A2002‑22 modification by SL2002‑29 R13
1 Jan 20031 Jan 2003–
16 Jan 2003A2002‑51 amendments by A2002‑51 R14*
17 Jan 200317 Jan 2003–
30 June 2003A2002‑51 amendments by A2002‑49 R14 (RI)
31 Jan 200517 Jan 2003–
30 June 2003A2002‑51 amendments by A2002‑49
reissue for textual correction in s 79R15 (RI)
31 Jan 20051 July 2003–
8 Oct 2003A2003‑32 amendments by A2003‑32
reissue for textual correction in s 79R16 (RI)
31 Jan 20059 Oct 2003–
21 Mar 2004A2003‑41 amendments by A2003‑41
reissue for textual correction in s 79R17 (RI)
31 Jan 200522 Mar 2004–
4 Apr 2004A2004‑2 amendments by A2004‑2
reissue for textual correction in s 79R18 (RI)
31 Jan 20055 Apr 2004–
2 June 2004A2004‑2 amendments by A2003‑49
reissue for textual correction in s 79R19 (RI)
31 Jan 20053 June 2004–
1 July 2004A2004‑17 amendments by A2003‑49
reissue for textual correction in s 79R20 (RI)
31 Jan 20052 July 2004–
24 Aug 2004A2004‑17 commenced expiry
reissue for textual correction in s 79R21 (RI)
28 Oct 200425 Aug 2004–
31 Dec 2004A2004‑42 amendments by A2004‑42 R22
1 Jan 20051 Jan 2005–
9 Jan 2005A2004‑42 amendments by A2004‑17 R23
10 Jan 200510 Jan 2005–
13 Apr 2005A2004‑60 amendments by A2004‑60 R24
14 Apr 200514 Apr 2005–
1 June 2005A2005‑16 amendments by A2005‑16 R25*
2 June 20052 June 2005–
6 July 2005A2005‑20 amendments by A2005‑20 R26
7 July 20057 July 2005–
31 Dec 2005A2005‑20 amendments by A2004‑39 R27
1 Jan 20061 Jan 2006–
1 June 2006A2005‑20 commenced expiry R28 (RI)
9 Aug 20072 June 2006–
3 June 2006A2006‑23 amendments by A2006‑23
reissue for textual correction in s 180R29 (RI)
9 Aug 20074 June 2006–
30 June 2006A2006‑23 commenced expiry
reissue for textual correction in s 180R30 (RI)
9 Aug 20071 July 2006–
1 July 2006A2006‑23 amendments by A2006‑4 and A2006‑8
reissue for textual correction in s 180R31 (RI)
9 Aug 20072 July 2006–
31 Dec 2006A2006‑23 commenced expiry
reissue for textual correction in s 180R32*
1 Jan 20071 Jan 2007–
10 July 2007A2006‑40 amendments by A2006‑40 R32 (RI)
9 Aug 20071 Jan 2007–
10 July 2007A2006‑23 amendments by A2006‑40
reissue for textual correction in s 180R33 (RI)
9 Aug 20071 July 2007–
1 July 2008A2007‑16 amendments by A2007‑16
reissue for textual correction in s 180R34
2 July 20082 July 2008–
13 Aug 2008A2007‑16 commenced expiry R35
14 Aug 200814 Aug 2008–
25 Aug 2008A2008‑30 amendments by A2008‑30 R36
26 Aug 200826 Aug 2008–
9 Jan 2009A2008‑30 amendments by A2008‑28 R37
10 Jan 200910 Jan 2009–
1 Feb 2009A2008‑37 commenced expiry R38*
2 Feb 20092 Feb 2009–
7 Apr 2009A2008‑37 amendments by A2008‑37 R39
8 Apr 20098 Apr 2009–
1 July 2009A2009‑9 amendments by A2009‑9 R40
2 July 20092 July 2009–
2 Sept 2009A2009‑9 commenced expiry R41
3 Sept 20093 Sept 2009–
30 Sept 2009A2009‑23 amendments by A2009‑23 R42
1 Oct 20091 Oct 2009–
21 Oct 2009A2009‑28 amendments by A2009‑28 R43
22 Oct 200922 Oct 2009–
16 Dec 2009A2009‑38 amendments by A2009‑38 R44
17 Dec 200917 Dec 2009–
30 Mar 2010A2009‑56 amendments by A2009‑49 and A2009‑56 R45
31 Mar 201031 Mar 2010–
30 June 2010A2010‑12 amendments by A2010‑12 R46
1 July 20101 July 2010–
9 July 2010A2010‑12 amendments by A2009‑56 and A2010‑10 R47
10 July 201010 July 2010–
29 Sept 2010A2010‑12 amendments by A2009‑38 R48
30 Sept 201030 Sept 2010–
30 Nov 2010A2010‑12 amendments by A2010‑12 R49
1 Dec 20101 Dec 2010–
30 June 2011A2010‑47 amendments by A2010‑47 R50
1 July 20111 July 2011–
12 Sept 2011A2011‑22 amendments by A2011‑22 R51
13 Sept 201113 Sept 2011–
20 Sept 2011A2011‑27 amendments by A2011‑27 R52*
21 Sept 201121 Sept 2011–
11 Dec 2011A2011‑28 amendments by A2011‑28 R53
12 Dec 201112 Dec 2011–
31 Dec 2011A2011‑52 amendments by A2011‑52 R54
1 Jan 20121 Jan 2012–
28 Mar 2012A2011‑55 amendments by A2011‑55 R55
29 Mar 201229 Mar 2012–
21 Feb 2013A2012-8 amendments by A2012-8 R56*
22 Feb 201322 Feb 2013–
12 Nov 2013A2013‑4 amendments by A2013‑4 R57
13 Nov 201313 Nov 2013–
24 Nov 2013A2013‑46 amendments by A2013‑46 R58
25 Nov 201325 Nov 2013‑
5 Nov 2014A2013‑46 amendments by A2013‑44 R58 (RI)
13 May 201425 Nov 2013‑
5 Nov 2014A2013‑46 reissue for retrospective amendments by A2014‑17 R59
6 Nov 20156 Nov 2015‑
13 Oct 2015A2014‑46 amendments by A2014‑46 R60
14 Oct 201514 Oct 2015‑
29 Feb 2016A2015-33 amendments by A2015-33 R61
1 Mar 20161 Mar 2016‑
31 Mar 2016A2016‑8 amendments by A2016‑8 R62
1 Apr 20161 Apr 2016‑
26 Apr 2016A2016‑13 amendments by A2016‑13 R63
27 Apr 201627 Apr 2016‑
12 May 2016A2016-18 amendments by A2016-18 R64
13 May 201613 May 2016‑
19 May 2016A2016-25 amendments by A2016-25 R65
20 May 201620 May 2016‑
30 May 2016A2016‑25 updated endnotes for CN2016-9 R66
31 May 201631 May 2016‑
21 June 2016A2016‑25 amendments by A2016-8 R67
22 June 201622 June 2016‑
31 July 2016A2016‑35 amendments by A2016-35 R68
1 Aug 20161 Aug 2016‑
31 Aug 2016A2016‑35 amendments by A2015-47 R69
1 Sept 20161 Sept 2016‑
8 Mar 2017A2016-52 amendments by A2016-52 R70
9 Mar 20179 Mar 2017‑
30 June 2017A2017-4 amendments by A2017-4 R71
1 July 20171 July 2017–
12 Dec 2017A2017-7 amendments by A2016-27 and A2017-7 R71 (RI)
1 July 20171 July 2017–
12 Dec 2017A2017-49 reissued for retrospective amendments made by
A2017‑49R72
13 Dec 201713 Dec 2017–
23 May 2018A2017‑49 amendments by A2017‑49 R73
24 May 201824 May 2018–
21 Nov 2018A2018-19 amendments by A2018-19 R74
22 Nov 201822 Nov 2018–
27 Feb 2020A2018‑42 amendments by A2018‑42 R75
28 Feb 202028 Feb 2020–
28 Feb 2020A2020‑6 amendments by A2020‑6 R76
29 Feb 202029 Feb 2020–
29 Apr 2020A2020‑6 republication for expiry of transitional provisions (ch 20) R77
30 Apr 202030 Apr 2020–
8 Jan 2021A2020‑6 amendments by A2019-38 R78
9 Jan 20219 Jan 2021–
22 June 2021A2020‑42 amendments by A2020-30 and A2020‑42 R79
23 June 202123 June 2021–
5 Apr 2022A2021‑12 amendments by A2021‑12 R80
6 Apr 20226 Apr 2022–
8 Jan 2023A2022‑4 amendments by A2022‑4 R81
9 Jan 20239 Jan 2023–
9 Jan 2023A2022‑23 amendments by A2022‑23 R82
10 Jan 202310 Jan 2023–
11 Apr 2023A2022‑23 expiry of transitional provisions (ch 21) R83
12 Apr 202312 Apr 2023–
8 June 2023A2023‑11 amendments by A2023‑11 R84
9 June 20239 June 2023–
2 July 2025A2023‑11 amendments by A2022-23 R85
3 July 20253 July 2025–
3 Oct 2025A2025‑18 amendments by A2025‑18 R86
4 Oct 20254 Oct 2025–
12 Nov 2025A2025‑27 amendments by A2025‑27
Renumbered provisions
This Act was renumbered under the Legislation Act 2001 in R9 (see Act 2001 No 81). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R12.
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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