Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation (General) Amendment Regulation 1998 (1998-494) [GG No 126 of 28.8.1998, p 6539] (NSW)
1998 No 494
New South Wales
Workers Compensation (General)
Amendment Regulation 1998
under the
Workers Compensation Act 1987 and the Workplace Injury
Management and Workers Compensation Act 1998His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998.
JEFFREY SHAW, Q.C.. M.L.C., Minister for Industrial Relations
Explanatory note
The objects of this Regulation are:
(a) to specify the index number that is to be used in the indexation of benefits on l October 1998 in line with movements in award rates of pay. and (b) to make minor amendments to the Workers Compensation (General) Regulation 1995 that are consequential on provisions of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) and of the Workers Compensation Legislation Amendment Act 1998 which amends the Workers Compensation Act 1987 (the 1987 Act). This Regulation is made under the 1987 Act, including sections 79 and 239, and the 1998 Act, including section 248.
Published in Gazette No 126 of 28 August 1998, page 6539 Page 1
1998 No 494
| Clause 1 | Workers Compensation (General) Amendment Regulation 1998 |
Workers Compensation (General) Amendment
Regulation 1998
Name of Regulation
This Regulation is the Workers Compensation (General)
Amendment Regulation 1998.
Commencement
This Regulation commences on 1 September 1998.
Amendment of Workers Compensation (General) Regulation
1995The Workers Compensation (General) Regulation 1995 is amended as set out in Schedule 1.
| Notes |
The explanatory note does not form part of this Regulation.
1998 No 494
Workers Compensation (General) Amendment Regulation 1998
Amendments Schedule 1
Schedule 1 Amendments
(Clause 3)
Clause 13 Sec 79: definition of “latest index number”
Insert at the end of the Table, in columns 1 and 2 respectively:
1 October 1998 149.0
Clause 15 Notice of intention to discontinue or reduce weekly payments
Omit “Except in a case to which subclause (2) applies, the”. Insert instead “The”.
Clause 15 (2)
Omit the subclause.
Schedule 1 Form 4
Insert “and includes the Workplace lnjury Management and Workers Cornpensation Act 1998” after “1987” in the definition of the Act in clause 1.
Schedule 1 Form 4 Omit clause 8. Insert instead: 8 Employer must give Insurer notice of injury to worker
The Employer must notify the Insurer within 48 hours after becoming aware that a worker has received an injury that seems to be a significant injury (an injury that is likely to result in the worker being totally or partially incapacitated for work for a continuous period of more
1998 No 494
Workers Compensation (General) Amendment Regulation 1998
| Schedule 1 | Amendments |
than 7 days). If the injury does not seem to be a significant injury, the Employer must notify the Insurer within 7 days after becoming aware that the worker has received the injury. If the worker first becomes totally or partially incpacitated for work after the Employer notifies the Insurer of the injury, the Employer must notify the Insurer of the incapacity as soon as possible after becoming aware of it.
Schedule 1 Form 4 clause 9
Insert after clause 9 (2):
(3) The notification of injury required by clause 8 is to be given to the Insurer in the manner required by subclause ( 1) or in such other manner as the Insurer indicates to the Employer that the Insurer will accept.
Schedule 1 Form 4 clause 20 (b)
Omit “workplace rehabilitation program”. Insert instead ”return-to-work program”.
Schedule 1 Form 4 Notes
Omit note 4 (Return-to-work plans). Insert instead:
4 Workplace injury management. The Employer of an injured worker who has been totally or partially incapacitated for work has certain obligations under Chapter 3 of the Workplace Injury Management and Workers Compensation Act 1998, including an obligation under section 49 to provide suitable employment if the worker is able to return to work. It is a condition o f this Policy that the Employer must comply with the requirements of that Chapter, but only if the Insurer has taken appropriate steps to ensure that the Employer is made aware of those obligations.
1998 No 494
Workers Compensation (General) Amendment Regulation 1998
Amendments Schedule 1 Schedule 5 Penalty notice offences
Omit “232 (a)”. Insert instead “23% (2) (a)”.
Schedule 5
Omit “Employer/employer’s agent refuse to supply information to to worker”.
worker” .
Omit “232 (b)”. Insert instead “‘232 (2) (b)”. Schedule 5
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