Workers Compensation Act 1987 (NSW)

Does not include amendments by—

Workers Compensation Legislation Amendment Act 2012 No 53, Sch 8 (not commenced)

See also—

Workers Compensation Legislation Amendment Bill 2025

whole Act (except s 217 and sch 1): Am 1988 No 132, Sch 1 (1) (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead).

whole Act: Am 2015 No 19, Sch 5 [1] (“WorkCover Guidelines” omitted wherever occurring, “Workers Compensation Guidelines” inserted instead).

An Act to provide for the compensation and rehabilitation of workers in respect of work related injuries; to repeal the Workers’ Compensation Act 1926 and certain other Acts; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Workers Compensation Act 1987.

2Commencement(1)

Sections 1 and 2 and Parts 19 and 20 of Schedule 6 shall commence on the date of assent to this Act.

(2)

Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

2ARelationship to Workplace Injury Management and Workers Compensation Act 1998(1)

The Workplace Injury Management and Workers Compensation Act 1998 is referred to in this Act as the 1998 Act.

(2)

This Act is to be construed with, and as if it formed part of, the 1998 Act. Accordingly, a reference in this Act to this Act includes a reference to the 1998 Act.

(3)

In the event of an inconsistency between this Act and the 1998 Act, the 1998 Act prevails to the extent of the inconsistency.

s 2A: Ins 1998 No 85, Sch 1 [1].

3Definitions

(cf former s 6 (1), (2), (13))

(1AA)

In this Act, words and expressions have the same meanings as they have in the 1998 Act, unless this Act provides otherwise.

(1)

In this Act—

agency arrangement means the contract or other arrangement by which a scheme agent is appointed.

Authority means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015.

former Act means the Workers’ Compensation Act 1926.

former licensed insurer means a person (not being a licensed insurer) who—

• (a)

  was previously a licensed insurer under this Act or under section 27 of the former Act, and

• (b)

  continues to have liabilities under policies of insurance previously issued or renewed by the person.

group means the employers who constitute a group under Division 2A of Part 7.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

Guarantee Fund means the Insurers’ Guarantee Fund established under section 227.

ICNSW means Insurance and Care NSW constituted under the State Insurance and Care Governance Act 2015.

injury is defined by section 4.

Insurance Fund means the Workers Compensation Insurance Fund established under section 154D.

licensed insurer means an insurer who is the holder of a licence granted under Division 3 of Part 7 and in force.

mine means a mine within the meaning of the Coal Mines Regulation Act 1982 as in force immediately before its repeal by the Coal Mine Health and Safety Act 2002, but does not include any place that, in accordance with section 10 (2) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013, is a place to which that Act does not apply.

Nominal Insurer means the Workers Compensation Nominal Insurer referred to in section 154A.

NSW Trustee means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009.

premium income—

• (a)

  in relation to contributions payable under this Act by an insurer (other than a specialised insurer) in respect of a financial year—means the amount the insurer receives during that financial year as premiums in respect of policies of insurance issued or renewed by the insurer (whether the policies are issued or renewed during that financial year or during a previous financial year), or

• (b)

  in relation to contributions payable under this Act by a specialised insurer in respect of a financial year—means the amount the insurer receives, whether during or after that financial year, as premiums in respect of policies of insurance issued or renewed by the insurer during that financial year,

and, in relation to contributions payable by any insurer, includes any amount comprising or attributable to GST and any amount prescribed by the regulations as included for the purposes of this definition in relation to that financial year, but does not include any amount prescribed by the regulations as excluded for the purposes of this definition in relation to that financial year.

regulations means regulations made under this Act.

scheme agent means a person appointed under section 154G to act as agent for the Nominal Insurer in connection with the exercise of any of the functions of the Nominal Insurer.

self-insurer means—

• (a)

  the holder of a licence in force under Division 5 of Part 7, and

• (b)

  a subsidiary of the licence holder covered for the time being by the licence (as provided by section 211A), and

• (c)

  any Government employer covered for the time being by the Government’s managed fund scheme (as provided by section 211B).

specialised insurer means a licensed insurer whose licence is endorsed with a specialised insurer endorsement.

Workers Compensation Market Practice and Premiums Guidelines means guidelines issued by the Authority under section 168 and in force.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A)

A reference to a worker who has been injured includes, if the worker is dead, a reference to the worker’s legal personal representative or the worker’s dependants, or any other person to whom or for whose benefit compensation is payable.

(2)

(Repealed)

(3)

The exercise of the functions of a public or local authority shall, for the purposes of this Act, be treated as its trade or business.

(4)

The operations of a racing or recreation club shall, for the purposes of this Act, be treated as its trade or business.

(5)

The Crown shall, for the purposes of this Act, be treated as the employer of members of the Police Force.

(6)

Notes included in the text of this Act do not form part of this Act.

s 3: Am 1987 No 223, sec 3; 1988 No 132, Sch 1 (2); 1989 No 119, Sch 1 (1); 1989 No 121, Sch 1; 1989 No 130, Sch 1; 1989 No 133, Sch 8 (1); 1990 No 48, Sch 1; 1991 No 94, Sch 1; 1991 No 100, Sch 2 (1); 1994 No 10, Schs 2 (1), 3 (1), 4 (1), 5 (1); 1995 No 30, Sch 12 [3]; 1995 No 89, Sch 1 [1]–[3]; 1996 No 37, Sch 2.12 (am 1997 No 24, Sch 1 [24]); 1996 No 120, Sch 1.1 [1] [2]; 1997 No 134, Sch 1 [1]; 1997 No 154, Sch 6.51 [1]; 1998 No 85, Sch 1 [2]–[4]; 1999 No 24, Sch 2 [1]; 2000 No 44, Sch 12.1 [1] [2]; 2000 No 87, Sch 20.1 [1]; 2002 No 129, Sch 2.18 [1] (subst 2004 No 74, Sch 3 [67]); 2003 No 81, Schs 1 [1], 2 [1]; 2006 No 25, Sch 1 [1]; 2009 No 49, Sch 2.64 [1]; 2012 No 54, Sch 3.6 [1]; 2013 No 54, Sch 3.15; 2015 No 19, Sch 5 [2]–[4]; 2015 No 43, Sch 4.13.

4Definition of “injury”

(cf former s 6 (1))

In this Act—

injury—

• (a)

  means personal injury arising out of or in the course of employment,

• (b)

  includes a disease injury, which means—

  • (i)

    a disease that is contracted by a worker in the course of employment but only if the employment was the main contributing factor to contracting the disease, and

  • (ii)

    the aggravation, acceleration, exacerbation or deterioration in the course of employment of any disease, but only if the employment was the main contributing factor to the aggravation, acceleration, exacerbation or deterioration of the disease, and

• (c)

  does not include (except in the case of a worker employed in or about a mine) a dust disease, as defined by the Workers’ Compensation (Dust Diseases) Act 1942, or the aggravation, acceleration, exacerbation or deterioration of a dust disease, as so defined.

s 4: Am 2002 No 129, Sch 2.18 [2] (subst 2004 No 74, Sch 3 [67]); 2012 No 53, Sch 7 [1].

4ADirectors of uninsured employer not entitled to compensation

If an employer that is a corporation had not obtained, or was not maintaining in force, at the relevant time a policy of insurance for the full amount of the employer’s liability under this Act in respect of an injured worker and the injured worker was at the relevant time a director of the corporation, the injured worker is not entitled to any compensation under this Act in respect of that liability.

s 4A: Ins 1995 No 89, Sch 1 [4].

5

(Repealed)

s 5: Rep 1998 No 85, Sch 1 [5].

6Act binds Crown(1)

This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, in all its other capacities.

(2)

(Repealed)

s 6: Am 2000 No 87, Sch 19.2.

7Certain Acts not affected

(cf former s 5)

Nothing in this Act affects the operation of the following Acts—

• •

  Workers’ Compensation (Dust Diseases) Act 1942,

• •

  Workers’ Compensation (Brucellosis) Act 1979,

• •

  Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987.

s 7: Am 1995 No 89, Sch 1 [5].

7AApplication of Act in respect of coal industry(1)

The workers compensation company (within the meaning of the Coal Industry Act 2001) is taken to be a licensed insurer that is a specialised insurer under, and for the purposes of, this Act.

(2)

However, the following provisions of this Act do not apply to or in respect of the workers compensation company—

• (a)

  Division 6 of Part 4,

• (b)

  sections 156 and 156B,

• (c)

  Divisions 1A, 2–5, 6A and 7 of Part 7.

(3)

For avoidance of doubt—

• (a)

  an employee of an employer in the coal industry is not eligible to make a claim under Division 6 of Part 4, and

• (b)

  a person who is taken, under Schedule 1 to the Workplace Injury Management and Workers Compensation Act 1998, to be a worker employed by another person is not entitled to make a claim referred to in paragraph (a) if the other person by whom the person is taken to be employed is engaged in the coal industry.

(4)

The workers compensation company is taken to be the insurer under this Act of all employers in the coal industry (whether or not any such employer maintains a policy of insurance with that company).

(5)

In this section—

employer in the coal industry has the same meaning as in the Coal Industry Act 2001.

s 7A: Ins 2001 No 107, Sch 7.12 [1]. Am 2003 No 81, Sch 2 [2]; 2018 No 19, Sch 2.1.

8

(Repealed)

s 8: Am 1988 No 132, Sch 1 (3). Rep 1989 No 133, Sch 8 (2).

Part 2Compensation—liability9Liability of employers for injuries received by workers—general

(cf former s 7 (1) (a))

(1)

A worker who has received an injury (and, in the case of the death of the worker, his or her dependants) shall receive compensation from the worker’s employer in accordance with this Act.

(2)

Compensation is payable whether the injury was received by the worker at or away from the worker’s place of employment.

9AALiability for compensation(1)

Compensation under this Act is only payable in respect of employment that is connected with this State.

(2)

The fact that a worker is outside this State when the injury happens does not prevent compensation being payable under this Act in respect of employment that is connected with this State.

(3)

A worker’s employment is connected with—

• (a)

  the State in which the worker usually works in that employment, or

• (b)

  if no State or no one State is identified by paragraph (a), the State in which the worker is usually based for the purposes of that employment, or

• (c)

  if no State or no one State is identified by paragraph (a) or (b), the State in which the employer’s principal place of business in Australia is located.

(4)

In the case of a worker working on a ship, if no State or no one State is identified by subsection (3), a worker’s employment is, while working on a ship, connected with the State in which the ship is registered or (if the ship is registered in more than one State) the State in which the ship most recently became registered.

(5)

If no State is identified by subsection (3) or (if applicable) (4), a worker’s employment is connected with this State if—

• (a)

  the worker is in this State when the injury happens, and

• (b)

  there is no place outside Australia under the legislation of which the worker may be entitled to compensation for the same matter.

(6)

In deciding whether a worker usually works in a State, regard must be had to the worker’s work history with the employer and the intention of the worker and employer. However, regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.

(7)

Compensation under this Act does not apply in respect of the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker’s employment.

(8)

In this section—

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes—

• (a)

  a barge, lighter, or other floating vessel, and

• (b)

  an air-cushion vehicle, or other similar craft,

used wholly or primarily in navigation by water.

State includes Territory and, in a geographical sense, a State’s or Territory’s relevant adjacent area as described in Schedule 1.

ss 9AA–9AC: Ins 2002 No 124, Sch 1.1 [1].

9ABRecognition of determination of State of connection in another State(1)

If a designated court makes a determination of the State with which a worker’s employment is connected for the purposes of a corresponding law, that State is to be recognised for the purposes of section 9AA as the State with which the worker’s employment is connected.

(2)

This section does not prevent or affect the operation of a determination of the State with which a worker’s employment is connected for the purposes of section 9AA made by the Commission or a court of this State before the determination is made by a designated court.

(3)

This section does not prevent any appeal relating to any such determination of a designated court. If the determination is altered on appeal, the altered determination is to be recognised under subsection (1).

(4)

In this section—

corresponding law means the provisions of the statutory workers compensation scheme of another State that corresponds with section 9AA.

designated court means—

• (a)

  the Supreme Court of a State in which a corresponding law is in force, or

• (b)

  a court, tribunal or other decision-making body of a State in which a corresponding law is in force that is declared by the regulations to be a designated court for the purposes of this section.

State includes Territory.

ss 9AA–9AC: Ins 2002 No 124, Sch 1.1 [1].

9ACPerson not to be compensated twice(1)

Compensation under this Act is not payable in respect of any matter to the extent that compensation has been received under the laws of a place other than this State.

(2)

If a person receives compensation under this Act and, for the same matter, subsequently receives compensation under the laws of a place other than this State, the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3).

(3)

The amount that is recoverable under subsection (2) is—

• (a)

  the amount of compensation paid under this Act, or

• (b)

  the amount of compensation received under the laws of a place other than this State,

whichever is less.

ss 9AA–9AC: Ins 2002 No 124, Sch 1.1 [1].

9ANo compensation payable unless employment substantial contributing factor to injury(1)

No compensation is payable under this Act in respect of an injury (other than a disease injury) unless the employment concerned was a substantial contributing factor to the injury.

Note.

In the case of a disease injury, the worker’s employment must be the main contributing factor. See section 4.

(2)

The following are examples of matters to be taken into account for the purposes of determining whether a worker’s employment was a substantial contributing factor to an injury (but this subsection does not limit the kinds of matters that can be taken into account for the purposes of such a determination)—

• (a)

  the time and place of the injury,

• (b)

  the nature of the work performed and the particular tasks of that work,

• (c)

  the duration of the employment,

• (d)

  the probability that the injury or a similar injury would have happened anyway, at about the same time or at the same stage of the worker’s life, if he or she had not been at work or had not worked in that employment,

• (e)

  the worker’s state of health before the injury and the existence of any hereditary risks,

• (f)

  the worker’s lifestyle and his or her activities outside the workplace.

(3)

A worker’s employment is not to be regarded as a substantial contributing factor to a worker’s injury merely because of either or both of the following—

• (a)

  the injury arose out of or in the course of, or arose both out of and in the course of, the worker’s employment,

• (b)

  the worker’s incapacity for work, loss as referred to in Division 4 of Part 3, need for medical or related treatment, hospital treatment, ambulance service or workplace rehabilitation service as referred to in Division 3 of Part 3, or the worker’s death, resulted from the injury.

(4)

This section does not apply in respect of an injury to which section 10, 11 or 12 applies.

s 9A: Ins 1996 No 120, Sch 1.2 [1]. Am 1998 No 120, Sch 2.40 [1]; 2010 No 101, Sch 1 [1]; 2012 No 53, Sch 7 [2] [3].

9BNo compensation for heart attack or stroke unless nature of employment results in significantly greater risk(1)

No compensation is payable under this Act in respect of an injury that consists of, is caused by, results in or is associated with a heart attack injury or stroke injury unless the nature of the employment concerned gave rise to a significantly greater risk of the worker suffering the injury than had the worker not been employed in employment of that nature.

(2)

In this section—

heart attack injury means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated with—

• (a)

  any heart attack, or

• (b)

  any myocardial infarction, or

• (c)

  any myocardial ischaemia, or

• (d)

  any angina, whether unstable or otherwise, or

• (e)

  any fibrillation, whether atrial or ventricular or otherwise, or

• (f)

  any arrhythmia of the heart, or

• (g)

  any tachycardia, whether ventricular, supra ventricular or otherwise, or

• (h)

  any harm or damage to such a blood vessel or to any associated plaque, or

• (i)

  any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or

• (j)

  any occlusion of such a blood vessel, whether the occlusion is total or partial, or

• (k)

  any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or

• (l)

  any haemorrhage from such a blood vessel, or

• (m)

  any aortic dissection, or

• (n)

  any consequential physical harm or damage, including harm or damage to the brain, or

• (o)

  any consequential mental harm or damage.

stroke injury means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated with—

• (a)

  any stroke, or

• (b)

  any cerebral infarction, or

• (c)

  any cerebral ischaemia, or

• (d)

  any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or

• (e)

  any subarachnoid haemorrhage, or

• (f)

  any haemorrhage from such a blood vessel, or

• (g)

  any harm or damage to such a blood vessel or to any associated plaque, or

• (h)

  any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or

• (i)

  any occlusion of such a blood vessel, whether the occlusion is total or partial, or

• (j)

  any consequential physical harm or damage, including neurological harm or damage, or

• (k)

  any consequential mental harm or damage.

s 9B: Ins 2012 No 53, Sch 6.

10Journey claims

(cf former s 7 (1) (b)–(d), (f), (g))

(1)

A personal injury received by a worker on any journey to which this section applies is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly.

(1A)

Subsection (1) does not apply if the personal injury is attributable to the serious and wilful misconduct of the worker.

(1B)

A personal injury received by a worker is to be taken to be attributable to the serious and wilful misconduct of the worker if the worker was at the time under the influence of alcohol or other drug (within the meaning of the Road Transport Act 2013), unless the alcohol or other drug did not contribute in any way to the injury or was not consumed or taken voluntarily.

(1C)

(Repealed)

(1D)

Subsection (1) does not apply if the personal injury resulted from the medical or other condition of the worker and the journey did not cause or contribute to the injury.

(2)

Subsection (1) does not apply if—

• (a)

  the injury was received during or after any interruption of, or deviation from, any such journey, and

• (b)

  the interruption or deviation was made for a reason unconnected with the worker’s employment or the purpose of the journey,

unless, in the circumstances of the case, the risk of injury was not materially increased because of the interruption or deviation.

(3)

The journeys to which this section applies are as follows—

• (a)

  the daily or other periodic journeys between the worker’s place of abode and place of employment,

• (b)

  the daily or other periodic journeys between the worker’s place of abode, or place of employment, and any educational institution which the worker is required by the terms of the worker’s employment, or is expected by the worker’s employer, to attend,

• (c)

  a journey between the worker’s place of abode or place of employment and any other place, where the journey is made for the purpose of obtaining a medical certificate or receiving medical, surgical or hospital advice, attention or treatment or of receiving payment of compensation in connection with any injury for which the worker is entitled to receive compensation,

• (d)

  a journey between the worker’s place of abode or place of employment and any other place, where the journey is made for the purpose of having, undergoing or obtaining any consultation, examination or prescription referred to in section 74 (3),

• (e)

  a journey between any camp or place—

  • (i)

    where the worker is required by the terms of the worker’s employment, or is expected by the worker’s employer, to reside temporarily, or

  • (ii)

    where it is reasonably necessary or convenient that the worker reside temporarily for any purpose of the worker’s employment,

  and the worker’s place of abode when not so residing,

• (f)

  a journey between the worker’s place of abode and the place of pick-up referred to in clause 14 of Schedule 1 to the 1998 Act,

• (g)

  a journey between the worker’s place of abode and place of employment, where the journey is made for the purpose of receiving payment of any wages or other money—

  • (i)

    due to the worker under the terms of his or her employment, and

  • (ii)

    which, pursuant to the terms of his or her employment or any agreement or arrangement between the worker and his or her employer, are available or are reasonably expected by the worker to be available for collection by the worker at the place of employment.

(3A)

A journey referred to in subsection (3) to or from the worker’s place of abode is a journey to which this section applies only if there is a real and substantial connection between the employment and the accident or incident out of which the personal injury arose.

(4)

For the purposes of this section, a journey from a worker’s place of abode commences at, and a journey to a worker’s place of abode ends at, the boundary of the land on which the place of abode is situated.

(5)

For the purposes of this section, if the worker is journeying from the worker’s place of employment with one employer to the worker’s place of employment with another employer, the worker shall be deemed to be journeying from his or her place of abode to his or her place of employment with that other employer.

(5A)

Nothing in this section prevents the payment of compensation for any personal injury which, apart from this section, is an injury within the meaning of this Act.

(6)

In this section—

educational institution means—

• (a)

  a trade, technical or other training school, or

• (b)

  a university or other college or school providing secondary or tertiary education.

night, in the case of a worker employed on shift work, night work or overtime, has a meaning appropriate to the circumstances of the worker’s employment.

place of abode includes—

• (a)

  the place where the worker has spent the night preceding a journey and from which the worker is journeying, and

• (b)

  the place to which the worker is journeying with the intention of there spending the night following a journey.

s 10: Am 1989 No 214, Sch 1 (1); 1996 No 120, Sch 1.3 [1]–[4]; 1998 No 85, Sch 1 [6]; 1999 No 19, Sch 2.50; 2012 No 53, Sch 5; 2013 No 19, Sch 3.

11Recess claims

(cf former s 7 (1) (e))

If a worker on any day on which the worker has attended at the worker’s place of employment pursuant to the worker’s contract of service or training contract—

• (a)

  is temporarily absent from that place on that day during any ordinary recess or authorised absence,

• (b)

  does not during that absence voluntarily subject himself or herself to any abnormal risk of injury, and

• (c)

  receives a personal injury during that absence,

the injury is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly.

s 11: Am 2003 No 97, Sch 1 [1].

11ANo compensation for psychological injury caused by reasonable actions of employer(1)

No compensation is payable under this Act in respect of an injury that is a psychological injury if the injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the employer with respect to transfer, demotion, promotion, performance appraisal, discipline, retrenchment or dismissal of workers or provision of employment benefits to workers.

(3)

A psychological injury is an injury (as defined in section 4) that is a psychological or psychiatric disorder. The term extends to include the physiological effect of such a disorder on the nervous system.

(4)

This section does not affect any entitlement to compensation under this Act for an injury of a physical nature even if the injury is a physical symptom or effect of a psychological injury, so long as the injury is not merely a physiological effect on the nervous system.

(5)

(Repealed)

(6)

This section does not extend the definition of injury in section 4. In particular, this section does not affect the requirement in section 4 that a disease is not an injury unless it is contracted by the worker in the course of employment.

This section does not affect section 9A (No compensation payable unless employment substantial contributing factor to injury).

(7)

In the case of a claim for weekly payments of compensation in respect of incapacity for work resulting from psychological injury, the medical certificate required to accompany the claim must (in addition to complying with the requirements of section 65 of the 1998 Act) use, for the purpose of describing the worker’s condition, accepted medical terminology and not only terminology such as “stress” or “stress condition”.

(8)

If a claim is deficient because subsection (7) has not been complied with and the insurer or self-insurer concerned notifies the worker in writing of the deficiency (including details of what is required to comply with that subsection) as soon as practicable after receiving the deficient claim then (unless the insurer or self-insurer waives that requirement)—

• (a)

  the claim is not considered to have been duly made for the purposes of section 93 of the 1998 Act until subsection (7) is complied with, and

• (b)

  proceedings before the Commission cannot be commenced in respect of the claim until subsection (7) is complied with.

s 11A: Ins 1995 No 89, Sch 1 [6] (am 1996 No 120, Sch 2.6 [1]). Am 1996 No 120, Sch 1.2 [2]–[7]; 1998 No 85, Sch 1 [7] [8]; 2001 No 61, Sch 6.1 [1].

12Claims by trade union representatives

(cf former s 7 (1) (h))

If—

• (a)

  a worker is an accredited representative of a trade union of employees, or other organisation of employees, of which any person employed by the worker’s employer is a member,

• (b)

  with the consent of or at the request of that employer or pursuant to an industrial award or agreement, the worker is carrying out his or her duties as such a representative (whether at the worker’s place of employment or elsewhere) or is on an associated journey, and

• (c)

  the worker receives a personal injury while carrying out those duties or on that journey,

the injury is, for the purposes of this Act, an injury arising out of or in the course of employment, and compensation is payable accordingly.

13

(Repealed)

s 13: Rep 2002 No 124, Sch 1.1 [2].

14Conduct of worker etc

(cf former s 7 (2), (3))

(1)

Compensation is payable in respect of any injury resulting in the death or serious and permanent disablement of a worker, notwithstanding that the worker was, at the time when the injury was received—

• (a)

  acting in contravention of any statutory or other regulation applicable to the worker’s employment, or of any orders given by or on behalf of the employer, or

• (b)

  acting without instructions from the worker’s employer,

if the act was done by the worker for the purposes of and in connection with the employer’s trade or business.

(2)

If it is proved that an injury to a worker is solely attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that injury, unless the injury results in death or serious and permanent disablement.

(3)

Compensation is not payable in respect of any injury to or death of a worker caused by an intentional self-inflicted injury.

15Diseases of gradual process—employer liable, date of injury etc

(cf former ss 7 (4), (4C), (5), 16 (1A))

(1)

If an injury is a disease which is of such a nature as to be contracted by a gradual process—

• (a)

  the injury shall, for the purposes of this Act, be deemed to have happened—

  • (i)

    at the time of the worker’s death or incapacity, or

  • (ii)

    if death or incapacity has not resulted from the injury—at the time the worker makes a claim for compensation with respect to the injury, and

• (b)

  compensation is payable by the employer who last employed the worker in employment to the nature of which the disease was due.

(2)

Any employers who, during the 12 months preceding a worker’s death or incapacity or the date of the claim (as the case requires), employed the worker in any employment to the nature of which the disease was due shall be liable to make to the employer by whom compensation is payable such contributions as, in default of agreement, may be determined by the Commission.

(2A)

The Commission is to determine the contributions that a particular employer is liable to make on the basis of the following formula, or on such other basis as the Commission considers just and equitable in the special circumstances of the case—

where—

C is the contribution to be calculated for the particular employer concerned.

T is the amount of compensation to which the employer is required to contribute.

A is the total period of employment of the worker with the employer during the 12 month period concerned, in employment to the nature of which the injury was due.

B is the total period of employment of the worker with all employers during the 12 month period concerned, in employment to the nature of which the injury was due.

(3)

Total or partial loss of sight which is of gradual onset shall for the purposes of subsection (1) be deemed to be a disease and to be of such nature as to be contracted by gradual process.

(4)

In this section, a reference to an injury includes a reference to a permanent impairment for which compensation is payable under Division 4 of Part 3.

(4A)

In this section, a reference to employment to the nature of which a disease was due includes a reference to employment the nature of which was a contributing factor to the disease.

(5)

This section does not apply to an injury to which section 17 applies.

s 15: Am 1989 No 119, Sch 1 (2); 1995 No 30, Sch 4 [1]–[3]; 2001 No 61, Sch 6.1 [2]–[4].

16Aggravation etc of diseases—employer liable, date of injury etc

(cf former ss 7 (4A), (5), 16 (1A))

(1)

If an injury consists in the aggravation, acceleration, exacerbation or deterioration of a disease—

• (a)

  the injury shall, for the purposes of this Act, be deemed to have happened—

  • (i)

    at the time of the worker’s death or incapacity, or

  • (ii)

    if death or incapacity has not resulted from the injury—at the time the worker makes a claim for compensation with respect to the injury, and

• (b)

  compensation is payable by the employer who last employed the worker in employment that was a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration.

(2)

Any employers who, during the 12 months preceding a worker’s death or incapacity or the date of the claim (as the case requires), employed the worker in any such employment shall be liable to make to the employer by whom compensation is payable such contributions as, in default of agreement, may be determined by the Commission.

(2A)

The Commission is to determine the contributions that a particular employer is liable to make on the basis of the following formula, or on such other basis as the Commission considers just and equitable in the special circumstances of the case—

where—

C is the contribution to be calculated for the particular employer concerned.

T is the amount of compensation to which the employer is required to contribute.

A is the total period of employment of the worker with the employer during the 12 month period concerned, in employment that has been a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration concerned.

B is the total period of employment of the worker with all employers during the 12 month period concerned, in employment that has been a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration concerned.

(3)

In this section, a reference to an injury includes a reference to a permanent impairment for which compensation is payable under Division 4 of Part 3.

(4)

This section does not apply to an injury to which section 17 applies.

s 16: Am 1989 No 119, Sch 1 (2); 1995 No 30, Sch 4 [4] [5]; 1996 No 120, Sch 1.2 [8]; 2001 No 61, Sch 6.1 [5]–[7].

17Loss of hearing—special provisions

(cf former s 7 (4B), (4BB))

(1)

If an injury is a loss, or further loss, of hearing which is of such a nature as to be caused by a gradual process, the following provisions have effect—

• (a)

  for the purposes of this Act, the injury shall be deemed to have happened—

  • (i)

    where the worker was, at the time when he or she gave notice of the injury, employed in an employment to the nature of which the injury was due—at the time when the notice was given, or

  • (ii)

    where the worker was not so employed at the time when he or she gave notice of the injury—on the last day on which the worker was employed in an employment to the nature of which the injury was due before he or she gave the notice,

• (b)

  the provisions of section 61 of the 1998 Act shall apply to or in respect of the injury as if the words “as soon as practicable after the injury happened and before the worker has voluntarily left the employment in which the worker was at the time of the injury” were omitted therefrom,

• (c)

  compensation is payable by—

  • (i)

    where the worker was employed by an employer in an employment to the nature of which the injury was due at the time he or she gave notice of the injury—that employer, or

  • (ii)

    where the worker was not so employed—the last employer by whom the worker was employed in an employment to the nature of which the injury was due before he or she gave the notice,

• (d)

  an employer (not being an employer referred to in paragraph (c) (i) or (ii)) by whom the worker was employed in an employment to the nature of which the injury was due during the relevant period (as defined in paragraph (e)) shall be liable to make to an employer referred to in paragraph (c) (i) or (ii) a contribution which bears to the amount of compensation payable the same proportion as the period of that employment during the relevant period bears to the total period of employment of that worker in an employment to the nature of which the injury was due during the relevant period,

• (e)

  in paragraph (d), the relevant period means—

  • (i)

    where the worker has not had a prior injury (being a loss of hearing or a further loss of hearing)—in relation to an injury, the period of 5 years immediately preceding the date when a notice is given in respect of the injury,

  • (ii)

    where the worker has had one or more prior injuries (being losses of hearing or further losses of hearing) which or all of which, as the case may be, are deemed under this Act to have happened at a time more than 5 years before the date when a notice is given in respect of a further injury—in relation to the further injury, the period of 5 years immediately preceding the date when that notice was given, and

  • (iii)

    where the worker has had not more than one, or more than one, prior injury (being a loss of hearing or a further loss of hearing) which or the last of which, as the case may be, is deemed under this Act to have happened at a time during the 5 years immediately preceding the date when a notice is given in respect of a further injury—in relation to the further injury, the period between the time when that prior injury is deemed to have happened and the date when that notice was given,

• (f)

  where the Commission is satisfied that a contribution required to be made under paragraph (d) cannot be recovered by an employer referred to in paragraph (c), the Commission may direct the Nominal Insurer to pay to that employer out of the Insurance Fund such amount, not exceeding the amount of the contribution, as the Commission considers appropriate and the Nominal Insurer is to pay out that amount accordingly as if it were a payment made in respect of a claim under Division 6 of Part 4,

• (g)

  where there is a dispute as to the amount of a contribution required to be made under paragraph (d), that dispute shall be deemed to be a matter or question arising under this Act.

(2)

Without limiting the generality of subsection (1), the condition known as “boilermaker’s deafness” and any deafness of a similar origin shall, for the purposes of that subsection, be deemed to be losses of hearing which are of such a nature as to be caused by a gradual process.

(3)

Compensation is payable by an employer as referred to in subsection (1) (c) in respect of the injury to which the notice given to the employer relates even if the worker, before claiming or receiving that compensation, commences employment (to the nature of which that kind of injury can be due) with another employer.

s 17: Am 1989 No 119, Sch 1 (2); 1995 No 30, Sch 4 [6]; 1998 No 85, Sch 1 [9]; 2001 No 61, Sch 6.1 [8], 2003 No 81, Sch 2 [3].

18Special insurance provisions relating to occupational diseases

(cf former s 18 (6A)–(6C))

(1)

If an employer has become liable under section 15 (1) (b) or 16 (1) (b) to pay compensation to a worker in respect of an injury and the time at which the injury is deemed to have happened is after the worker ceased to be employed by the employer, the liability of the employer is, despite sections 15 and 16, taken to have arisen immediately before the worker ceased to be employed by the employer. This subsection operates only for the purpose of determining whether any insurer or which of 2 or more insurers is liable under a policy of insurance in respect of that compensation.

(2)

Where—

• (a)

  an employer (in this subsection referred to as the contributor) has become liable under this Act to make a contribution to another employer towards compensation payable by that other employer in respect of an injury to a worker (being an injury referred to in section 15, 16 or 17), and

• (b)

  on the last day of the period in respect of which the contributor was liable to make the contribution, the contributor was maintaining in force a policy of insurance,

the insurer under that policy is—

• (c)

  directly liable, with the contributor, to pay the contribution to the employer who is liable to pay the compensation, and

• (d)

  liable to indemnify the contributor to the extent that the contributor pays the contribution.

(3)

In a case to which section 15, 16 or 17 applies, if each of the employers who is liable to pay the compensation or to make a contribution under the section concerned is insured in respect of that liability by an insurer who is an insurer within the meaning of Division 4 of Part 7 and the entitlement of the worker (or other claimant) to receive compensation is not disputed—

• (a)

  a contribution that would otherwise be payable by an employer under section 15, 16 or 17 in respect of the claim is not payable, and

• (b)

  for the purposes of calculating an insurance premium payable by any of those employers, their claims histories are to be determined on the assumption that any contribution that would have been payable but for paragraph (a) was payable.

s 18: Am 1995 No 30, Sch 4 [7] [8].

19Presumptions relating to certain employment

(cf former s 7 (4D), (4E))

(1)

If a worker, during a time when the worker is engaged in employment of a kind prescribed by the regulations as an employment to which this subsection applies, contracts a disease prescribed by the regulations as a disease that is related to employment of that kind, then for the purposes of this Act, unless the contrary is established—

• (a)

  the disease shall be deemed to have been contracted by the worker in the course of the employment in which the worker was so engaged, and

• (b)

  that employment shall be deemed to have been a substantial contributing factor to the disease.

(2)

For the purposes of this Act, the disease brucellosis, Q fever or leptospirosis shall be deemed to have been contracted by a worker if the result of any medical test—

• (a)

  which complies with such requirements as are prescribed by the regulations in relation to that disease, and

• (b)

  which was carried out for the purpose of determining whether that worker has contracted that disease,

is a result prescribed by the regulations in respect of that disease.

s 19: Am 1996 No 120, Sch 1.2 [9].

19APresumptions relating to certain cancers—firefighters(1)

In the application of this Act to a worker who is an eligible firefighter, it is presumed (unless the contrary is established) that the disease contracted by the worker was contracted in the course of the worker’s firefighting employment and that employment was—

• (a)

  for the purposes of the definition of disease injury in section 4, a contributing factor to contracting the disease, and

• (b)

  for the purposes of section 9A, a substantial contributing factor to contracting the disease.

Note.

Amendments made to section 9A and the definition of disease injury in section 4 by Schedule 7 to the Workers Compensation Legislation Amendment Act 2012 do not apply to police officers, paramedics or firefighters. See clause 25 of Part 19H of Schedule 6 to this Act.

(2)

A worker is an eligible firefighter if the worker—

• (a)

  has, at any time, been engaged in firefighting employment, and

• (b)

  has contracted a disease that is a cancer of a kind specified in Schedule 4.

(3)

A worker has been engaged in firefighting employment if—

• (a)

  the worker has, at any time, been employed by any person, body or agency (or former body or agency) prescribed for the purposes of this section by the regulations, and

• (b)

  in the course of that employment, the worker has performed firefighting activities.

(4)

This section does not apply to a disease contracted by an eligible firefighter if the total aggregate period during which the worker has been engaged in firefighting employment as at the date of injury (the service period) is less than the qualifying service period specified for the disease in Schedule 4.

(5)

Any period during which an eligible firefighter has served in the capacity of an eligible volunteer firefighter is to be counted towards the service period.

(6)

However, any period during which the eligible firefighter concurrently serves as an eligible volunteer firefighter and engages in firefighting employment is to be counted once only.

(7)

For the purposes of the application of section 261 of the 1998 Act to a disease to which a presumption under this section applies, the period required by that section for the making of a claim for compensation in respect of the disease is taken to commence on the date of injury in relation to the disease (regardless of when the eligible firefighter or any other person first became aware of the disease).

(8)

Any compensation payable on the basis of a presumption under this section to an eligible firefighter who, on the last day of the service period, concurrently served as an eligible volunteer firefighter and engaged in firefighting employment with an employer is payable under this Act by that employer.

(9)

In this section—

date of injury, in relation to a disease, means the date of whichever of the following occurs first—

• (a)

  the disease is first diagnosed by a medical practitioner,

• (b)

  the firefighter dies as a result of the disease.

eligible volunteer firefighter means an official fire fighter within the meaning of Part 2 of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987.

firefighting activities means any of the following activities performed by a worker—

• (a)

  extinguishing, controlling or preventing the spread of fire,

• (b)

  bush fire hazard reduction work within the meaning of the Rural Fires Act 1997,

• (c)

  the provision of training or instruction in the performance of an activity referred to in paragraph (a) or (b) resulting in exposure of the worker to smoke or other hazards of fire.

s 19A: Ins 2018 No 93, Sch 1 [1].

19BPresumptions relating to certain employment in relation to COVID-19(1)

If a worker, during a time when the worker is engaged in prescribed employment, contracts the disease COVID-19 (also known as Novel Coronavirus 2019), then for the purposes of this Act, it is presumed (unless the contrary is established)—

• (a)

  that the disease was contracted by the worker in the course of the employment, and

• (b)

  the employment—

  • (i)

    in the case of a person to whom clause 25 of Part 19H of Schedule 6 applies—was a substantial contributing factor to contracting the disease, or

  • (ii)

    in any other case—was the main contributing factor to contracting the disease.

(2)

A worker is taken to have contracted COVID-19 for the purposes of this Act if the result of a medical test—

• (a)

  that complies with requirements prescribed by the regulations in relation to the disease, and

• (b)

  that was carried out for the purpose of determining if the worker has contracted the disease,

is a result prescribed by the regulations in respect of the disease.

(3)

A worker is taken to have contracted COVID-19 for the purposes of this Act if the worker is classified by a medical practitioner as having COVID-19, having satisfied the epidemiological or clinical criteria (or both) prescribed by the regulations for the purpose of making that classification.

(4)

For the purposes of this Act, the date of the injury in relation to COVID-19 is the date of whichever of the following occurs first—

• (a)

  the worker is diagnosed by a medical practitioner as having COVID-19 following a prescribed test result, as referred to in subsection (2),

• (b)

  the worker is classified by a medical practitioner as having COVID-19, as referred to in subsection (3),

• (c)

  the worker dies as a result of COVID-19.

(5)

For the purposes of this Act, it is presumed (unless the contrary is established) that a worker the subject of a presumption under subsection (1) is incapable of work as a result of COVID-19 for the period starting on the date of the injury and ending (unless sooner ended by the death of the worker)—

• (a)

  on a date established in accordance with the regulations, or

• (b)

  if no regulations are made under paragraph (a)—on a date that is 7 days after the date on which a medical practitioner certifies that the worker no longer has the disease.

(6)

This section applies to a casual worker in prescribed employment only if the worker has performed casual work in the employment on 1 or more of the 21 days preceding the date of the injury.

(7)

The regulations may make provision for or with respect to any matter relating to the application of this Act to or in respect of workers who have or are suspected of having COVID-19.

(8)

In particular, the regulations may make provision for or with respect to the following matters—

• (a)

  the modification of the provisions of this Act in their application to or in respect of workers who have COVID-19,

• (b)

  (without limitation) the application of the Act to workers who suffer permanent impairment as a result of COVID-19,

• (c)

  the use of employers’ claims histories relating to COVID-19-related claims in calculating premiums payable under the Act,

• (d)

  the sharing of the financial risk arising out of COVID-19 between all insurers under the Act, including through the imposition and enforcement of risk equalisation arrangements for that purpose,

• (e)

  (without limiting clause 1 of Part 20 of Schedule 6) transitional provisions for or with respect to claims relating to confirmed or cases of COVID-19 arising before the commencement of this section.

(9)

In this section—

prescribed employment means employment in any of the following—

• (a)

  the retail industry (other than businesses providing only on-line retail),

• (b)

  the health care sector, including ambulance officers and public health employees,

• (c)

  disability and aged care facilities,

• (d)

  educational institutions, including pre-schools, schools and tertiary institutions (other than establishments providing only on-line teaching services),

• (e)

  police and emergency services (including fire brigades and rural fire services),

• (f)

  refuges, halfway houses and homeless shelters,

• (g)

  passenger transport services,

• (h)

  libraries,

• (i)

  courts and tribunals,

• (j)

  correctional centres and detention centres,

• (k)

  restaurants, clubs and hotels,

• (l)

  the construction industry,

• (m)

  places of public entertainment or instruction (including cinemas, museums, galleries, cultural institutions and casinos),

• (n)

  the cleaning industry,

• (o)

  any other type of employment prescribed by the regulations for the purposes of this definition.

s 19B: Ins 2020 No 5, Sch 1.34[1].

20Principal liable to pay compensation to workers employed by contractors in certain cases

(cf former s 6 (3))

(1)

If any person (in this section referred to as the principal) in the course of or for the purposes of the person’s trade or business, contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal is, if the contractor does not have a policy of insurance or is not a self-insurer at the time a worker employed in the execution of the work receives an injury, liable to pay any compensation under this Act which the principal would have been liable to pay if that worker had been immediately employed by the principal.

(2)

If compensation is claimed from or proceedings are taken against the principal in respect of any such injury, then, in the application of this Act, reference to the principal shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom the worker is immediately employed.

(3)

Notwithstanding subsection (1), where the contract relates to threshing, chaff-cutting, ploughing or other agricultural work, and the contractor provides and uses machinery driven by mechanical power for the purposes of that work, the contractor (and no other person) shall be liable under this Act to pay compensation to any worker employed by the contractor on that work.

(4)

If the principal is liable to pay compensation under this section, the principal is entitled to be indemnified by any person who would have been liable to pay compensation to the worker independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be determined by the Commission.

(5)

Nothing in this section shall be construed as preventing a worker recovering compensation under this Act from the contractor instead of the principal.

(6)

This section does not apply in any case where the injury occurred elsewhere than on, in or about premises on which the principal has undertaken to execute the work or which otherwise are under the principal’s control or management, but nothing in the foregoing affects the liability of the contractor under any other provision of this Act.

(7)

This section does not render the owner of a farm liable to pay compensation as principal in respect of any worker employed by a share farmer.

(8)

If—

• (a)

  a principal under a contract referred to in subsection (1) is, at the time of an injury to a worker employed in the execution of the work under the contract, insured under a policy of insurance in respect of workers other than the workers employed in the execution of the work under the contract,

• (b)

  compensation payable by the principal under subsection (1) in respect of the injury is paid by the principal’s insurer, and

• (c)

  the principal has not, in respect of the policy, paid to the insurer a premium in respect of the principal’s liability under subsection (1),

the principal is liable to pay the insurer, in addition to the premium payable or paid in respect of the policy, a premium calculated having regard to—

• (d)

  the Workers Compensation Market Practice and Premiums Guidelines, and

• (e)

  the wages paid to the workers employed in the execution of the work under the contract during the term of the policy.

(9)

A principal under a contract referred to in subsection (1) is not, under subsection (8), liable to pay in respect of a policy of insurance more than one additional premium in respect of the workers employed in the execution of the work under the contract.

(10)

In the event of a disagreement between a principal and insurer as to whether or not an additional premium is payable under subsection (8) or as to the amount of an additional premium payable under that subsection, the Authority may, on the request of either party, determine the matter.

(11)

A determination by the Authority under subsection (10) shall have effect according to its tenor and shall not be subject to review or appeal.

s 20: Am 1989 No 119, Sch 1 (2); 2001 No 61, Sch 6.1 [9]; 2015 No 19, Sch 5 [5].

21

(Repealed)

s 21: Rep 2002 No 124, Sch 1.1 [3].

22Compensation to be apportioned where more than one injury(1)

If—

• (a)

  the death or incapacity of a worker, or

• (b)

  a permanent impairment suffered by a worker as referred to in Division 4 of Part 3, or

• (c)

  a liability under Division 3 of Part 3 to a worker,

results from more than one injury to the worker, liability to pay compensation under this Act is to be apportioned in such manner as the Commission determines.

(1A)

Death, incapacity, loss or liability that results partly from one injury and partly from one or more other injuries is taken to have resulted from more than one injury.

(2)

Liability to pay compensation under this Act includes—

• (a)

  the liability of an employer (including an employer who is a self-insurer), and

• (b)

  the liability of an insurer under a policy of insurance in respect of the payment of that compensation (including a direct liability to the worker), and

• (c)

  a liability in respect of a claim under Division 6 of Part 4, and

• (d)

  in the case of a worker who is partially incapacitated for work, a liability that arises because the worker is entitled to be compensated under this Act as if totally incapacitated.

(3)

Liability to pay compensation under this Act is not to be apportioned by the Commission if the parties to whom the liability relates have agreed on the apportionment.

(4)

Liability to pay compensation under this Act may be apportioned by the Commission even though it is the liability of a single insurer in respect of different periods of insurance, but only if the employer or the Authority applies for such an apportionment.

(5)

The Commission may, on the application of any insurer or employer concerned or of the Authority, determine a dispute as to whether—

• (a)

  liability to pay compensation under this Act should be apportioned under this section, or

• (b)

  any such liability should be apportioned under this section in respect of different injuries.

The determination of the Commission has effect despite any agreement on apportionment if the application for determination was made by an employer (in the employer’s own right) or the Authority.

(6)

(Repealed)

(7)

A person who is liable to pay compensation under this Act is not entitled in any proceedings under this Act to a reduction in that liability by apportionment on account of the existence of any other person who is also liable to pay any part of that compensation unless that other person is a party to the proceedings.

(8)

This section applies to any liability arising before or after the commencement of this Act.

s 22: Am 1989 No 119, Sch 1 (2). Subst 1991 No 2, Sch 4 (1). Am 1995 No 30, Sch 4 [9]–[12]; 2001 No 61, Sch 6.1 [10]–[13]; 2003 No 81, Sch 2 [4].

22AFurther provisions concerning apportionment of liability under section 22(1)

The apportionment of liability under section 22 is—

• (a)

  in the case of the apportionment of liability between employers—to be on the basis of the relative length of the worker’s employment with each employer concerned (not including any period of employment after the last relevant injury was received), or on such other basis as the Commission considers just and equitable in the special circumstances of the case, and

• (b)

  in the case of the apportionment of liability between insurers of the same employer—to be on the basis of the relative length of the employer’s period of insurance with each insurer concerned during which the worker concerned was employed by the employer (not including any period of insurance after the last relevant injury was received), or on such other basis as the Commission considers just and equitable in the special circumstances of the case.

(2)

(Repealed)

(3)

Liability may be apportioned under section 22 even if the liability has been discharged.

(4)

When liability to pay compensation is apportioned under section 22 between 2 or more persons, the Commission may order that the compensation is payable to the worker by one of those persons and that the other persons are to pay (by way of contribution) their apportioned share of that compensation to that person.

(5)

The person ordered under subsection (4) to pay compensation to the worker is to be—

• (a)

  in the case of apportionment between employers—the employer who most recently employed the worker, or such other of the employers as the Commission considers reasonable in the special circumstances of the case, and

• (b)

  in the case of apportionment between insurers—the insurer of the employer at the time of the last injury, or such other of the insurers as the Commission considers reasonable in the special circumstances of the case.

(6)

An order is not to be made under subsection (4) if the parties concerned have agreed as to the payment by one of them of the compensation concerned.

(7)

In this section a reference to an insurer includes a reference to a self-insurer and a reference to a period of insurance includes a reference to a period of self-insurance. A liability in respect of a claim under Division 6 of Part 4 is for the purposes of this section taken to be a liability of the insurer of the employer concerned during the period that is relevant to that liability.

(8)

In a case to which section 22 applies, if all of the insurers concerned (being either insurers of the same employer or of the different employers concerned) are insurers within the meaning of Division 4 of Part 7 and the entitlement of the worker (or other claimant) to receive compensation is not disputed—

• (a)

  the compensation is (despite subsection (5)) payable by the last insurer or the last employer (as relevant to the case), with no apportionment of liability under section 22, and

• (b)

  for the purposes of calculating an insurance premium payable by any of those employers, their claims histories are to be determined on the assumption that liability had been apportioned under section 22 (without the need for a determination of, or agreement as to, that apportionment).

(9)

The operation of section 22 is not to be limited because of the fact that it provides for liability to be apportioned rather than providing for payment of contributions.

s 22A: Ins 1995 No 30, Sch 4 [13]. Am 1995 No 89, Sch 1 [7]; 2001 No 61, Sch 6.1 [14]–[16]; 2003 No 81, Sch 2 [5]; 2012 No 53, Sch 1.1 [1].

22BDetermination as to which injury gave rise to compensation liability(1)

The Commission may, on the application of an employer (in the employer’s own right) or of the Authority, determine a dispute as to which injury, from among 2 or more alleged injuries, has given rise to a liability to pay compensation under this Act.

(2)

Such a determination may be made irrespective of any agreement and irrespective of whether the payment of any contribution is ordered under section 15 or 16 or any apportionment of liability is ordered under section 22.

s 22B: Ins 1995 No 30, Sch 4 [13]. Am 2001 No 61, Sch 6.1 [17].

22CCertain injuries not to be dealt with under sections 15 and 16(1)

This section applies to an injury that is of a kind, or that occurs in circumstances, prescribed by the regulations for the purposes of this section.

(2)

The regulations may provide that either or both of sections 15 and 16 is or are not to apply to an injury to which this section applies and that instead section 22 is to apply to the injury.

(3)

The regulations may provide that section 15 (1) (a) or 16 (1) (a) is, for the purposes of all or specified provisions of this Act, to apply in respect of an injury to which this section applies.

(4)

A regulation made for the purposes of this section extends to apply to an injury that happened before the commencement of the regulation, but only if—

• (a)

  death, incapacity, loss or liability as referred to in section 22 results from that injury and one or more other injuries, and

• (b)

  at least one of those other injuries happened after the commencement of the regulation.

(5)

A regulation made for the purposes of this section does not (despite subsection (4)) affect any liability of an employer or insurer to pay compensation or a contribution, or any liability of an insurer to indemnify an employer, that arose before the commencement of the regulation, unless the Commission otherwise orders.

s 22C: Ins 1995 No 30, Sch 4 [13]. Am 2001 No 61, Sch 6.1 [18].

23Age or residence not relevant to liability

(cf former ss 53D, 72)

Compensation under this Act is payable to a person, and proceedings for the recovery of compensation under this Act may be instituted by a person, even though—

• (a)

  the person is under the age of 18 years, or

• (b)

  the person resides, or at any time resided, outside New South Wales.

24Illegal employment

(cf former s 53I)

If, in any proceedings for the recovery of compensation under this Act, it appears that the contract of service or training contract under which the injured person was engaged at the time when the injury happened was illegal, the matter may be dealt with as if the injured person had at that time been a worker under a valid contract of service or training contract.

s 24: Am 2003 No 97, Sch 1 [2].

Part 3Compensation—benefitsDivision 1Compensation payable on death25Death of worker leaving dependants

(cf former s 8 (1))

(1)

If death results from an injury, the amount of compensation payable by the employer under this Act shall be—

• (a)

  the amount of $750,000 (the lump sum death benefit), which is to be apportioned among any dependants who are wholly or partly dependent for support on the worker or (if there are no such dependants) paid to the worker’s legal personal representative, and

• (b)

  in addition, an amount of $66.60 per week in respect of—

  • (i)

    each dependent child of the worker under the age of 16 years, and

  • (ii)

    each dependent child of the worker being a student over the age of 16 years but under the age of 21 years.

(1A)

If the lump sum death benefit is paid to the NSW Trustee for the benefit of a dependant in accordance with section 85 after the commencement of this subsection, the employer must, subject to the regulations, pay as additional compensation fees of a kind prescribed by the regulations concerning investing or otherwise managing the sum for the dependant’s benefit.

(2)

Payments in respect of a dependent child under subsection (1) (b) shall continue—

• (a)

  except as provided by paragraph (b)—until the child dies or reaches the age of 16 years, whichever first occurs, or

• (b)

  in the case of a dependent child who is a student at the time of the worker’s death or after reaching the age of 16 years—until the child dies, reaches the age of 21 years or ceases to be a student, whichever first occurs.

(3)

The amount of any weekly payments, or other compensation payable under this Act, shall not be deducted from the amounts referred to in subsection (1) (a) or (b).

(4)

If an amount mentioned in subsection (1) (a) at any time after the commencement of this Act—

• (a)

  is adjusted by the operation of Division 6, or

• (b)

  is adjusted by an amendment of this section,

the compensation payable under subsection (1) (a) is to be calculated by reference to the amount in force at the date of death.

(4A)

If the death of a worker results both from an injury received before the adjustment of an amount mentioned in subsection (1) (a) and an injury received after that adjustment, the worker shall, for the purposes of subsection (1) (a), be treated as having died as a result of the injury received after that adjustment.

(5)

In this section—

child of the worker means a child or stepchild of the worker and includes a person to whom the worker stood in the place of a parent.

dependent child of the worker means a child of the worker who was wholly or partly dependent for support on the worker.

student means a person receiving full-time education at a school, college or university.

s 25: Am 1989 No 133, Schs 2 (1), 3 (1); 1991 No 99, Sch 1 (1); 2008 No 118, Sch 1 [1] [2]; 2015 No 18, Sch 1 [1]; 2022 No 25, Sch 2.1[1].

26Funeral expenses

If compensation is payable under this Division for a death resulting from an injury, the employer must pay additional compensation equal to reasonable funeral expenses not exceeding $15,000 or such other amount as may be prescribed by the regulations.

s 26: Am 1989 No 119, Sch 1 (2); 2001 No 61, Sch 6.1 [19]–[21]. Subst 2008 No 118, Sch 1 [3]. Am 2015 No 18, Sch 1 [2].

27, 27A

(Repealed)

s 27: Am 2004 No 111, Sch 2 [1]. Rep 2008 No 118, Sch 1 [3].

s 27A: Ins 2004 No 111, Sch 2 [2]. Rep 2008 No 118, Sch 1 [3].

28Expenses of transporting body

(cf former s 8 (4A))

If compensation is payable under this Division and the usual place of residence of the worker was, at the time of the worker’s death, in Australia, the employer shall pay additional compensation equal to the reasonable cost of transporting the body of the worker to—

• (a)

  what would, in the circumstances, be an appropriate place for its preparation for burial or cremation, or

• (b)

  that usual place of residence,

whichever is the lesser cost.

29Apportionment of payments between dependants

(cf former s 59)

(1)

The compensation payable under this Division to each dependant of a deceased worker may be apportioned by the Commission or by the NSW Trustee.

(1A)

The lump sum death benefit payable under this Division is not to be apportioned if a deceased worker leaves only one dependant (whether wholly or partly dependent on the worker for support) and the whole of the lump sum death benefit is to be paid to that one dependant.

(1B)

In apportioning the lump sum death benefit payable under this Division between 2 or more dependants, the whole lump sum death benefit is to be apportioned among those dependants (so that the sum of the apportioned amounts equals the full lump sum death benefit).

(2)

Application for apportionment may be made by or on behalf of a person entitled to the compensation—

• (a)

  to the NSW Trustee, or

• (b)

  to the Commission (whether or not an application has been made to the NSW Trustee or the NSW Trustee has made a decision).

(3)

The NSW Trustee may decline to deal with an application for apportionment and advise the parties to apply to the Commission.

(4)

The NSW Trustee is not to deal with an application for apportionment of compensation if an application for apportionment of the same compensation is before the Commission.

(5)

A decision by the NSW Trustee to apportion compensation under this Division is subject to any decision made by the Commission with respect to the matter.

(6)

If there are both total and partial dependants of a deceased worker, the compensation may be apportioned partly to the total and partly to the partial dependants.

(7)

If a dependant dies—

• (a)

  before a claim under this Division is made, or

• (b)

  if a claim has been made, before an agreement or award has been arrived at or made,

the legal personal representative of the dependant has no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the worker.

(8)

The regulations may make provision for or with respect to the publication of applications for apportionment and any other matter connected with apportionment.

s 29: Am 1989 No 119, Sch 1 (2); 1996 No 120, Sch 1.9 [1]; 2001 No 61, Sch 6.1 [22]; 2008 No 118, Sch 1 [4]; 2009 No 49, Sch 2.64 [2].

30Review of apportionment among dependants(1)

The Commission or the NSW Trustee may, on account of the variation of the circumstances of the various dependants or for any other sufficient cause, vary any previous apportionment among the dependants of a deceased worker of compensation under this Division.

(2)

Application for a variation may be made by or on behalf of the person entitled to compensation to the Commission or the NSW Trustee.

(3)

The NSW Trustee may apply to the Commission for any such variation of a previous apportionment made by the NSW Trustee or by the Commission.

(4)

The NSW Trustee is not to deal with an application for variation of any previous apportionment if an application for variation of the same previous apportionment is before the Commission.

(5)

The NSW Trustee is not to vary an apportionment made by the Commission.

s 30: Am 1989 No 119, Sch 1 (2) (3); 1996 No 120, Sch 1.9 [1]. Subst 2001 No 61, Sch 6.1 [23]. Am 2009 No 49, Sch 2.64 [2].

31Payment in respect of dependent children

(cf former s 8 (1A))

(1)

Compensation payable under section 25 (1) (b) in respect of a dependent child of a deceased worker shall, unless the Commission otherwise orders—

• (a)

  be paid to the surviving parent of the child concerned, if there is one, or

• (b)

  be paid to the NSW Trustee for the benefit of the child or to any person (approved by the NSW Trustee) having the care or custody of the dependent child, if no such parent survives.

(2)

If the Commission makes an order under subsection (1), the compensation is payable in accordance with the order.

s 31: Am 1989 No 119, Sch 1 (2); 1996 No 120, Sch 1.9 [2] [3]; 1998 No 130, Sch 5 [1]; 2001 No 61, Sch 6.1 [24] [25]; 2009 No 49, Sch 2.64 [2].

32Payment where no dependants

(cf former s 57 (4))

If a deceased worker leaves no dependants, compensation payable under this Division shall be paid to the worker’s legal personal representative or, if there is no such representative, to the person to whom the payment of the expenses for which the compensation is payable is due.

Division 2Weekly compensation by way of income supportSubdivision 1Interpretation

pt 3, div 2, sdiv 1, hdg: Ins 2012 No 53, Sch 1.1 [2].

32ADefinitions(1)

In this Division and in Schedule 3—

fair work instrument means—

• (a)

  a fair work instrument (other than an FWA order) within the meaning of the Fair Work Act 2009 of the Commonwealth, or

• (b)

  a transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.

first entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker, means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker.

maximum weekly compensation amount means the maximum weekly compensation amount under section 34.

second entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker, means an aggregate period of 117 weeks (whether or not consecutive) after the expiry of the first entitlement period in respect of which a weekly payment has been paid or is payable to the worker.

suitable employment, in relation to a worker, means employment in work for which the worker is currently suited—

• (a)

  having regard to—

  • (i)

    the nature of the worker’s incapacity and the details provided in medical information including, but not limited to, any certificate of capacity supplied by the worker (under section 44B), and

  • (ii)

    the worker’s age, education, skills and work experience, and

  • (iii)

    any plan or document prepared as part of the return to work planning process, including an injury management plan under Chapter 3 of the 1998 Act, and

  • (iv)

    any occupational rehabilitation services that are being, or have been, provided to or for the worker, and

  • (v)

    such other matters as the Workers Compensation Guidelines may specify, and

• (b)

  regardless of—

  • (i)

    whether the work or the employment is available, and

  • (ii)

    whether the work or the employment is of a type or nature that is generally available in the employment market, and

  • (iii)

    the nature of the worker’s pre-injury employment, and

  • (iv)

    the worker’s place of residence.

work capacity assessment means a work capacity assessment under section 44A.

work capacity decision—see section 43.

worker with high needs means a worker whose injury has resulted in permanent impairment and—

• (a)

  the degree of permanent impairment has been assessed for the purposes of Division 4 to be more than 20%, or

• (b)

  an assessment of the degree of permanent impairment is pending and has not been made because a medical assessor has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or

  Note.

  Paragraph (b) no longer applies once the degree of permanent impairment has been assessed.

• (c)

  the insurer is satisfied that the degree of permanent impairment is likely to be more than 20%,

and includes a worker with highest needs.

worker with highest needs means a worker whose injury has resulted in permanent impairment and—

• (a)

  the degree of permanent impairment has been assessed for the purposes of Division 4 to be more than 30%, or

• (b)

  an assessment of the degree of permanent impairment is pending and has not been made because a medical assessor has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or

  Note.

  Paragraph (b) no longer applies once the degree of permanent impairment has been assessed.

• (c)

  the insurer is satisfied that the degree of permanent impairment is likely to be more than 30%.

(2)

Words and expressions in this Division that are defined in Schedule 3 have the meanings provided by that Schedule. The regulations may amend Schedule 3.

Note.

Definitions include current work capacity, current weekly earnings and pre-injury average weekly earnings.

s 32A: Ins 2012 No 53, Sch 1.1 [2]. Am 2015 No 18, Sch 2 [1]–[3]; 2018 No 62, Sch 3.1[1] [2]; 2020 No 18, Sch 6.10[1].

Subdivision 2Entitlement to weekly compensation

pt 3, div 2, sdiv 2, hdg: Ins 2012 No 53, Sch 1.1 [2].

33Weekly compensation during total or partial incapacity for work

(cf former s 9 (1))

If total or partial incapacity for work results from an injury, the compensation payable by the employer under this Act to the injured worker shall include a weekly payment during the incapacity.

Note.

Chapter 3 of the 1998 Act (Workplace injury management) provides that, if a worker fails unreasonably to comply with a requirement of that Chapter after being requested to do so by an insurer, the worker has no entitlement to weekly payments of compensation for the period that the failure continues.

s 33: Am 1998 No 85, Sch 1 [10].

34Maximum weekly compensation amount(1AA)

A weekly payment of compensation under this Subdivision is not to exceed the maximum weekly compensation amount.

(1)

The maximum weekly compensation amount is $1,838.70.

(2)

If the amount mentioned in subsection (1)—

• (a)

  is adjusted by the operation of Division 6, or

• (b)

  is adjusted by an amendment of this section,

the maximum weekly compensation amount applicable to a worker injured before the date on which the adjustment takes effect is, for any period of incapacity for work occurring on and after that date, to be determined by reference to that amount as so adjusted.

(3)

Such an adjustment does not apply to the extent that the liability to make weekly payments of compensation in respect of any such period of incapacity has been commuted.

s 34: Am 1995 No 30, Sch 8 [1]. Subst 2012 No 53, Sch 1.1 [3]. Am 2018 No 62, Sch 3.1[3] [4].

35

(Repealed)

s 35: Am 1989 No 133, Sch 3 (2); 1991 No 99, Sch 1 (2); 2001 No 61, Sch 1 [1]. Subst 2012 No 53, Sch 1.1 [3]. Rep 2018 No 62, Sch 3.1[5].

36Weekly payments during first entitlement period (first 13 weeks)(1)

The weekly payment of compensation to which an injured worker who has no current work capacity is entitled during the first entitlement period is to be at the rate of 95% of the worker’s pre-injury average weekly earnings.

(2)

The weekly payment of compensation to which an injured worker who has current work capacity is entitled during the first entitlement period is to be at the lesser of the following rates—

• (a)

  95% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,

• (b)

  the maximum weekly compensation amount, less the worker’s current weekly earnings.

s 36: Subst 2012 No 53, Sch 1.1 [3]; 2018 No 62, Sch 3.1[5].

37Weekly payments during second entitlement period (weeks 14–130)(1)

The weekly payment of compensation to which an injured worker who has no current work capacity is entitled during the second entitlement period is to be at the rate of 80% of the worker’s pre-injury average weekly earnings.

(2)

The weekly payment of compensation to which an injured worker who has current work capacity and has returned to work for not less than 15 hours per week is entitled during the second entitlement period is to be at the lesser of the following rates—

• (a)

  95% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,

• (b)

  the maximum weekly compensation amount, less the worker’s current weekly earnings.

(3)

The weekly payment of compensation to which an injured worker who has current work capacity and has returned to work for less than 15 hours per week (or who has not returned to work) is entitled during the second entitlement period is to be at the lesser of the following rates—

• (a)

  80% of the worker’s pre-injury average weekly earnings, less the worker’s current weekly earnings,

• (b)

  the maximum weekly compensation amount, less the worker’s current weekly earnings.

s 37: Am 1989 No 119, Sch 1 (2); 1989 No 133, Sch 3 (3); 1991 No 99, Sch 1 (3); 1994 No 10, Sch 5 (2); 1995 No 30, Sch 8 [2] [3]; 1998 No 130, Sch 5 [2]; 2001 No 61, Schs 1 [2], 6 [26]; 2010 No 19, Sch 3.126 [1] [2]. Subst 2012 No 53, Sch 1.1 [3]; 2018 No 62, Sch 3.1[5].

38Weekly payments after second entitlement period (after week 130)(1)

A worker’s entitlement to compensation in the form of weekly payments under this Part ceases on the expiry of the second entitlement period unless the worker is entitled to compensation after the second entitlement period under this section.

(2)

A worker who is assessed by the insurer as having no current work capacity and likely to continue indefinitely to have no current work capacity is entitled to compensation after the second entitlement period.

(3)

A worker (other than a worker with high needs) who is assessed by the insurer as having current work capacity is entitled to compensation after the second entitlement period only if—

• (a)

  the worker has applied to the insurer in writing (in the form approved by the Authority) no earlier than 52 weeks before the end of the second entitlement period for continuation of weekly payments after the second entitlement period, and

Sec 144	Am 1988 No 132, Sch 1 (4); 1989 No 119, Sch 1 (2) (3); 1989 No 121, Sch 1; 2001 No 61, Sch 6.1 [69] [70]; 2001 No 94, Sch 9 [5]. Rep 2003 No 81, Sch 2 [9].
Sec 144A	Ins 2001 No 94, Sch 9 [6]. Rep 2003 No 81, Sch 2 [9].
Sec 145	Am 1988 No 132, Sch 1 (4); 1989 No 119, Sch 1 (2) (3) (25); 1989 No 121, Sch 1; 1991 No 94, Sch 1; 2001 No 61, Sch 6.1 [71]–[73]; 2001 No 94, Sch 9 [7] [8]; 2003 No 81, Sch 2 [12] [16] [19]; 2010 No 101, Sch 1 [19]; 2020 No 18, Sch 6.10[7].
Sec 145A	Ins 1995 No 89, Sch 1 [69]. Am 2001 No 61, Sch 6.1 [74]; 2003 No 81, Sch 2 [12] [20]–[22].
Sec 146	Am 1989 No 119, Sch 1 (2). Subst 2001 No 61, Sch 1 [7]. Am 2003 No 81, Sch 2 [12] [23]–[25].
Sec 147	Am 1989 No 119, Sch 1 (2) (3); 1994 No 6, Sch 2 (8); 1995 No 30, Sch 12 [20]; 2001 No 34, Sch 4.74 [1]; 2001 No 61, Sch 6.1 [75]–[77]; 2001 No 94, Sch 9 [9]–[15]; 2001 No 112, Sch 2.42; 2003 No 81, Sch 2 [12] [24] [26] [27].
Sec 148	Subst 1994 No 10, Sch 5 (6). Am 2001 No 94, Sch 9 [16]; 2003 No 81, Sch 2 [12] [24].
Sec 148A	Ins 1995 No 30, Sch 4 [20]. Am 2001 No 94, Sch 9 [17]; 2003 No 81, Sch 2 [12].
Part 4, Div 7	Ins 1995 No 89, Sch 1 [70]. Rep 1998 No 85, Sch 1 [63].
Sec 148B	Ins 1995 No 89, Sch 1 [70]. Am 1996 No 120, Sch 1.8 [1] [2]. Rep 1998 No 85, Sch 1 [63].
Secs 148C–148H	Ins 1995 No 89, Sch 1 [70]. Rep 1998 No 85, Sch 1 [63].
Sec 148HA	Ins 1996 No 120, Sch 1.8 [3]. Rep 1998 No 85, Sch 1 [63].
Sec 148I	Ins 1995 No 89, Sch 1 [70]. Rep 1998 No 85, Sch 1 [63].
Sec 148J	Ins 1995 No 89, Sch 1 [70]. Am 1996 No 120, Sch 1.8 [4] [5]. Rep 1998 No 85, Sch 1 [63].
Sec 148K	Ins 1995 No 89, Sch 1 [70]. Rep 1998 No 85, Sch 1 [63].
Sec 148L	Ins 1996 No 120, Sch 1.8 [6]. Rep 1998 No 85, Sch 1 [63].
Part 5	Subst 1989 No 133, Sch 1 (1).
Sec 149	Am 1987 No 238, Sch 1; 1989 No 47, Sch 3. Subst 1989 No 133, Sch 1 (1). Am 1991 No 34, Sch 3; 1996 No 17, Sch 5; 1998 No 120, Sch 2.40 [5]; 2001 No 94, Sch 1.1 [1].
Sec 150	Am 1987 No 238, Sch 1; 1989 No 47, Sch 3; 1989 No 119, Sch 1 (2) (3). Subst 1989 No 133, Sch 1 (1).
Part 5, Div 1A (secs 150A–150F)	Ins 2002 No 124, Sch 1.1 [4].
Sec 151	Subst 1989 No 133, Sch 1 (1).
Sec 151A	Ins 1989 No 133, Sch 1 (1). Am 1991 No 94, Sch 1; 1998 No 85, Sch 1 [64] [65]; 1999 No 41, Sch 4.17 [1]; 2000 No 87, Sch 4 [1] [2]; 2001 No 61, Sch 6.1 [78]–[80]. Subst 2001 No 94, Sch 1.1 [2]. Am 2018 No 62, Sch 6.2 [1] [2].
Sec 151B	Ins 1989 No 133, Sch 1 (1). Am 1995 No 30, Schs 7 [2], 12 [21]; 1995 No 89, Sch 1 [71] [72]. Rep 2001 No 94, Sch 1.1 [2].
Sec 151C	Ins 1989 No 133, Sch 1 (1). Am 2001 No 94, Sch 1.1 [3] [4].
Sec 151D	Ins 1989 No 133, Sch 1 (1). Am 1990 No 46, Sch 1; 1994 No 10, Sch 5 (7); 1999 No 41, Sch 4.17 [2]; 2001 No 61, Sch 4.1 [1]; 2001 No 94, Sch 1.1 [5]; 2017 No 10, Sch 5.14 [1].
Sec 151DA	Ins 2001 No 94, Sch 1.1 [6]. Am 2003 No 29, Sch 1 [2]–[5]; 2020 No 18, Sch 6.10[8].
Sec 151E	Ins 1989 No 133, Sch 1 (1). Am 1991 No 2, Sch 4 (2); 1999 No 41, Sch 4.17 [3]; 2004 No 77, Sch 3.1; 2006 No 17, Sch 2.2; 2017 No 10, Sch 5.14 [2]; 2018 No 56, Sch 2; 2018 No 62, Sch 6.2 [3].
Sec 151F	Ins 1989 No 133, Sch 1 (1).
Sec 151G	Ins 1989 No 133, Sch 1 (1). Am 1991 No 2, Schs 2 (1), 4 (3); 1991 No 99, Sch 2 (1); 1994 No 6, Schs 1 (1), 2 (9). Subst 2001 No 94, Sch 1.1 [7].
Sec 151H	Ins 1989 No 133, Sch 1 (1). Am 1991 No 2, Schs 2 (2), 4 (4); 1991 No 99, Sch 2 (2); 1994 No 6, Sch 2 (10). Subst 2001 No 94, Sch 1.1 [7].
Sec 151I	Ins 1989 No 133, Sch 1 (1). Am 1995 No 30, Sch 10 [1]. Subst 2001 No 94, Sch 1.1 [7]. Am 2012 No 53, Sch 1.1 [12].
Sec 151IA	Ins 2001 No 94, Sch 1.1 [7]. Am 2010 No 101, Sch 1 [20].
Sec 151J	Ins 1989 No 133, Sch 1 (1). Am 2001 No 94, Sch 1.1 [8].
Sec 151K	Ins 1989 No 133, Sch 1 (1). Am 1994 No 6, Sch 1 (2). Rep 2001 No 94, Sch 1.1 [9].
Sec 151KA	Ins 1994 No 6, Sch 1 (3). Rep 2001 No 94, Sch 1.1 [10].
Sec 151L	Ins 1989 No 133, Sch 1 (1). Am 1994 No 10, Sch 5 (8); 1995 No 30, Sch 12 [14]; 1998 No 85, Sch 1 [66].
Sec 151M	Ins 1989 No 133, Sch 1 (1). Subst 1995 No 89, Sch 1 [73]. Am 1996 No 120, Sch 1.16; 2001 No 94, Sch 1.1 [11]–[13]; 2005 No 28, Sch 5.53.
Sec 151N	Ins 1989 No 133, Sch 1 (1). Am 2000 No 111, Sch 2.5; 2001 No 61, Sch 1 [8].
Sec 151O	Ins 1989 No 133, Sch 1 (1).
Sec 151P	Ins 1989 No 133, Sch 1 (1). Rep 2012 No 53, Sch 3 [1].
Sec 151Q	Ins 1989 No 133, Sch 1 (1). Subst 1995 No 30, Sch 5. Am 2001 No 94, Sch 1.1 [14]–[18].
Secs 151R, 151S	Ins 1989 No 133, Sch 1 (1).
Sec 151T	Ins 1989 No 133, Sch 1 (1). Am 1993 No 87, Sch 6.
Sec 151U	Ins 1989 No 133, Sch 1 (1).
Sec 151V	Ins 1989 No 133, Sch 1 (1). Am 1991 No 94, Sch 1.
Sec 151W	Ins 1989 No 133, Sch 1 (1). Subst 1991 No 2, Sch 2 (3).
Sec 151X	Ins 1989 No 133, Sch 1 (1).
Sec 151Y	Ins 1989 No 133, Sch 1 (1). Am 1991 No 94, Sch 1; 1994 No 10, Sch 4 (3); 2003 No 81, Sch 2 [28]; 2004 No 106, Sch 2.7; 2015 No 19, Sch 5 [15].
Sec 151Z	Ins 1989 No 133, Sch 1 (1). Am 1990 No 46, Sch 1; 1994 No 10, Sch 5 (9); 1995 No 89, Sch 1 [74]; 2001 No 61, Sch 6.1 [81]; 2018 No 62, Sch 6.2 [4] [5].
Sec 151AA	Ins 1989 No 133, Sch 1 (1).
Sec 151AAA	Ins 2004 No 56, Sch 1 [3].
Sec 151AB	Ins 1991 No 2, Sch 4 (5). Am 1995 No 89, Sch 1 [75] [76]; 1998 No 130, Sch 5 [4]; 2004 No 56, Sch 1 [4].
Sec 151AC	Ins 1998 No 130, Sch 5 [5].
Sec 151AD	Ins 2012 No 53, Sch 3 [2].
Part 6	Rep 1998 No 85, Sch 1 [67].
Sec 152	Am 1989 No 133, Sch 4 (8); 1994 No 6, Sch 2 (11); 1994 No 10, Sch 5 (8). Rep 1998 No 85, Sch 1 [67].
Sec 152A	Ins 1995 No 89, Sch 1 [77]. Am 1996 No 120, Sch 1.19 [7]. Rep 1998 No 85, Sch 1 [67].
Sec 153	Am 1988 No 132, Sch 1 (4); 1989 No 121, Sch 1; 1991 No 2, Sch 1 (1). Rep 1998 No 85, Sch 1 [67].
Sec 153A	Ins 1991 No 2, Sch 1 (2). Am 1994 No 10, Sch 5 (10). Rep 1998 No 85, Sch 1 [67].
Sec 154	Am 1989 No 119, Sch 1 (26); 1989 No 133, Sch 4 (9); 1993 No 47, Sch 1; 1994 No 10, Sch 5 (8). Rep 1998 No 85, Sch 1 [67].
Part 7, Div 1A	Ins 1998 No 85, Sch 1 [68]. Rep 2001 No 94, Sch 6.1 [1]. Ins 2003 No 81, Sch 1 [2].
Part 7, Div 1A, Subdiv 1, heading	Ins 2003 No 81, Sch 1 [2].
Sec 154A	Ins 1989 No 133, Sch 4 (10). Am 1994 No 10, Sch 5 (8). Rep 1998 No 85, Sch 1 [67]. Ins 1998 No 85, Sch 1 [68]. Am 1999 No 24, Sch 2 [2]–[7]. Rep 2001 No 94, Sch 6.1 [1]. Ins 2003 No 81, Sch 1 [2]. Am 2015 No 19, Sch 5 [16].
Sec 154B	Ins 1998 No 85, Sch 1 [68]. Am 1999 No 24, Sch 2 [8]. Rep 2001 No 94, Sch 6.1 [1]. Ins 2003 No 81, Sch 1 [2]. Am 2015 No 19, Sch 5 [17].
Sec 154C	Ins 2003 No 81, Sch 1 [2]. Am 2015 No 19, Sch 5 [17]; 2018 No 70, Sch 4.122[1].
Sec 154CA	Ins 2015 No 19, Sch 5 [18].
Sec 154CB	Ins 2018 No 70, Sch 4.122[2].
Part 7, Div 1A, Subdiv 2	Ins 2003 No 81, Sch 1 [2].
Sec 154D	Ins 2003 No 81, Sch 1 [2] (am 2004 No 56, Sch 4). Am 2012 No 54, Sch 3.6 [2]; 2015 No 19, Sch 5 [17] [19]; 2018 No 70, Sch 4.122 [3].
Sec 154E	Ins 2003 No 81, Sch 1 [2]. Am 2008 No 42, Sch 2 [1]; 2012 No 53, Sch 9.1 [1] [2]; 2012 No 54, Sch 3.6 [3] [4]; 2015 No 19, Sch 5 [11] [20] [21].
Sec 154F	Ins 2003 No 81, Sch 1 [2]. Am 2018 No 70, Sch 4.122[4] [5].
Part 7, Div 1A, Subdiv 3	Ins 2003 No 81, Sch 1 [2].
Sec 154G	Ins 2003 No 81, Sch 1 [2]. Am 2015 No 19, Sch 5 [17].
Secs 154H–154L	Ins 2003 No 81, Sch 1 [2].
Sec 154M	Ins 2003 No 81, Sch 1 [2]. Am 2020 No 18, Sch 6.10[9]–[11].
Sec 154N	Ins 2003 No 81, Sch 1 [2].
Sec 155	Am 1989 No 133, Sch 1 (2); 1993 No 47, Sch 1; 1995 No 30, Sch 1 [1]–[4]; 1995 No 89, Sch 1 [78] [79]; 2000 No 44, Sch 12.1 [3]; 2000 No 87, Sch 16.2 [1]; 2002 No 124, Sch 1.1 [5]; 2008 No 22, Sch 1 [1].
Sec 155AA	Ins 2008 No 22, Sch 1 [2]. Am 2015 No 19, Sch 5 [22].
Sec 155A	Ins 1998 No 85, Sch 1 [69].
Sec 156	Am 1988 No 132, Sch 1 (4); 1989 No 121, Sch 1; 1995 No 89, Sch 1 [80] [81]; 2000 No 87, Sch 10.2 [1]; 2002 No 124, Sch 1.1 [6]; 2007 No 94, Sch 3; 2008 No 22, Sch 1 [3]–[7]; 2015 No 19, Sch 5 [11].
Sec 156A	Ins 1996 No 120, Sch 1.14 [1]. Am 1997 No 134, Sch 1 [23]; 1998 No 85, Sch 1 [70] [71]; 2001 No 94, Sch 6.1 [2]; 2002 No 26, Sch 2.13; 2003 No 81, Sch 2 [29].
Sec 156B	Ins 2000 No 87, Sch 10.2 [2]. Am 2008 No 22, Sch 1 [8].
Sec 157	Am 1993 No 47, Sch 1.
Sec 158	Am 1989 No 79, Sch 1; 1989 No 133, Sch 1 (3); 1994 No 10, Sch 4 (4); 1995 No 30, Sch 1 [5]; 1998 No 85, Sch 1 [72]; 1999 No 24, Sch 2 [9]; 2001 No 80, Sch 3.10; 2001 No 94, Sch 6.1 [3]. Rep 2003 No 97, Sch 1 [3].
Sec 159	Am 1989 No 133, Sch 1 (4); 1993 No 47, Sch 1; 1995 No 30, Sch 1 [6].
Sec 160	Am 1989 No 133, Sch 8 (9) (10); 1990 No 46, Sch 1; 1991 No 99, Sch 3 (1); 1993 No 108, Sch 2; 1994 No 10, Sch 4 (5); 2002 No 124, Sch 4.2; 2006 No 25, Sch 1 [2] [3]; 2015 No 19, Sch 5 [23] [24].
Sec 161	Am 1993 No 47, Sch 1; 1995 No 30, Sch 1 [7]–[9]; 1995 No 89, Sch 1 [82]; 1996 No 121, Sch 4.63 [5] [6]; 2000 No 87, Sch 16.2 [2]; 2015 No 19, Sch 5 [25].
Sec 162	Am 1989 No 119, Sch 1 (2) (3); 2001 No 61, Sch 6.1 [82] [83].
Sec 163	Am 1993 No 47, Sch 1; 2003 No 81, Sch 2 [30] [31]; 2015 No 19, Sch 5 [22].
Sec 163A	Ins 2000 No 87, Sch 13.2. Am 2013 No 47, Sch 2.44 [1].
Sec 163B	Ins 2004 No 111, Sch 2 [3]. Am 2013 No 47, Sch 2.44 [1] [2].
Sec 164	Am 1993 No 47, Sch 1.
Sec 165	Am 1988 No 132, Sch 1 (5). Rep 1989 No 121, Sch 1.
Secs 166, 167	Rep 1989 No 121, Sch 1.
Sec 168	Am 1989 No 121, Sch 1; 1989 No 133, Schs 7 (2), 8 (10); 1990 No 46, Sch 1; 1994 No 10, Sch 4 (6); 2003 No 97, Sch 1 [4]. Subst 2015 No 19, Sch 5 [26].
Sec 168A	Ins 2008 No 118, Sch 1 [8]. Rep 2015 No 19, Sch 5 [26].
Sec 169	Am 1993 No 47, Sch 1; 2003 No 81, Sch 2 [32]. Subst 2015 No 19, Sch 5 [26].
Sec 170	Am 1989 No 119, Sch 1 (2) (27); 1993 No 47, Sch 1; 2000 No 87, Sch 21.2 [1]–[8]; 2005 No 113, Sch 2.2 [1] [2]. Rep 2015 No 19, Sch 5 [26].
Sec 172	Am 1989 No 133, Sch 8 (11); 1990 No 46, Sch 1; 1991 No 94, Sch 1; 1994 No 10, Sch 5 (11); 1995 No 16, Sch 2; 2000 No 44, Sch 12.1 [4]–[6]; 2005 No 113, Sch 2.2 [3] [4]; 2015 No 19, Sch 5 [22] [27]–[29].
Sec 172A	Ins 2008 No 118, Sch 1 [9]. Am 2010 No 101, Sch 1 [21]; 2015 No 19, Sch 5 [30] [31].
Sec 173	Am 1989 No 34, Sch 1; 1994 No 6, Sch 2 (12); 2001 No 34, Sch 4.74 [2].
Sec 173A	Ins 2000 No 87, Sch 14.2.
Sec 173B	Ins 2001 No 61, Sch 5.1 [3]. Am 2007 No 27, Sch 1.55 [1] [2].
Sec 174	Am 1993 No 47, Sch 1; 1994 No 6, Sch 2 (13); 1995 No 89, Sch 1 [83]; 1998 No 85, Sch 1 [73]; 2000 No 44, Sch 12.1 [7]; 2000 No 87, Sch 16.2 [3]; 2001 No 61, Sch 5.1 [4]–[6]; 2002 No 124, Sch 2 [4]–[6]; 2003 No 97, Sch 1 [5]; 2005 No 113, Sch 2.2 [5] [6]; 2008 No 22, Sch 1 [9]; 2010 No 122, Sch 3.5; 2011 No 62, Sch 2.46; 2015 No 19, Sch 5 [32]; 2024 No 39, Sch 4.5.
Sec 174AA	Ins 2002 No 124, Sch 2 [7].
Sec 174A	Ins 2000 No 87, Sch 11.2. Am 2008 No 22, Sch 1 [10].
Sec 175	Am 1988 No 132, Sch 1 (4); 1989 No 119, Sch 1 (27); 1989 No 121, Sch 1; 2000 No 44, Sch 12.1 [8] [9]; 2000 No 87, Schs 10.2 [3] [4], 12.2 [1]–[3]; 2002 No 124, Sch 2 [9]; 2005 No 113, Sch 2.2 [7]; 2006 No 25, Sch 1 [4] [5]; 2007 No 94, Sch 3; 2015 No 19, Sch 5 [11].
Sec 175A	Ins 2000 No 87, Sch 10.2 [5]. Am 2006 No 25, Sch 1 [6].
Sec 175B	Ins 2002 No 124, Sch 2 [10].
Sec 175C	Ins 2005 No 113, Sch 2.2 [8]. Am 2015 No 19, Sch 5 [33].
Part 7, Div 2A	Ins 2006 No 25, Sch 1 [7].
Sec 175D	Ins 2006 No 25, Sch 1 [7]. Am 2007 No 21, Sch 4.5 [1] [2]; 2015 No 19, Sch 5 [12].
Sec 175E	Ins 2006 No 25, Sch 1 [7]. Am 2015 No 19, Sch 5 [12].
Sec 175F	Ins 2006 No 25, Sch 1 [7]. Am 2007 No 21, Sch 4.5 [3] [4]; 2015 No 19, Sch 5 [12].
Secs 175G–175J	Ins 2006 No 25, Sch 1 [7]. Am 2015 No 19, Sch 5 [12].
Part 7, Div 2B	Ins 2007 No 21, Sch 4.5 [5].
Secs 175K–175M	Ins 2007 No 21, Sch 4.5 [5].
Secs 175N, 175O	Ins 2007 No 21, Sch 4.5 [5]. Am 2015 No 19, Sch 5 [12].
Sec 175P	Ins 2007 No 21, Sch 4.5 [5].
Sec 175Q	Ins 2007 No 21, Sch 4.5 [5]. Rep 2018 No 70, Sch 4.122[6].
Secs 175R, 175S	Ins 2007 No 21, Sch 4.5 [5].
Sec 176	Am 1994 No 10, Sch 4 (7); 2004 No 106, Sch 2.7. Rep 2003 No 81, Sch 2 [33]. Ins 2008 No 22, Sch 1 [11]. Rep 2012 No 53, Sch 9.1 [3].
Sec 177	Am 1991 No 2, Sch 3 (1); 2000 No 87, Sch 20.1 [2]; 2015 No 19, Sch 5 [11].
Sec 177A	Ins 2000 No 87, Sch 20.1 [3]. Am 2010 No 101, Sch 1 [22].
Sec 178	Am 1994 No 6, Sch 2 (12); 2001 No 34, Sch 4.74 [3].
Sec 179	Am 1993 No 47, Sch 1.
Sec 181	Am 1993 No 47, Sch 1; 1994 No 10, Sch 4 (8).
Sec 182	Am 2010 No 101, Sch 1 [23].
Sec 182A	Ins 2022 No 25, Sch 3.4.
Sec 183	Am 1994 No 10, Sch 4 (9).
Sec 183A	Ins 2000 No 87, Sch 17.2. Am 2003 No 81, Sch 2 [34]; 2012 No 54, Sch 3.6 [5]; 2015 No 19, Sch 5 [11] [34] [35].
Sec 184	Am 1993 No 47, Sch 1; 1994 No 10, Sch 5 (12); 2003 No 81, Sch 2 [35] [36].
Sec 185	Subst 1991 No 2, Sch 3 (2). Am 1991 No 94, Sch 1; 1993 No 47, Sch 1; 1994 No 10, Sch 2 (2); 2003 No 81, Sch 2 [37] [38].
Sec 187	Am 1994 No 10, Sch 4 (10).
Sec 188	Rep 2015 No 19, Sch 5 [36].
Sec 189	Am 1989 No 34, Sch 1; 1989 No 133, Sch 8 (12); 1993 No 47, Sch 1; 1994 No 6, Sch 2 (12); 2001 No 34, Sch 4.74 [4]; 2003 No 81, Sch 2 [39].
Sec 190	Am 1993 No 47, Sch 1; 1994 No 6, Sch 2 (14); 2001 No 34, Sch 4.74 [5]; 2003 No 81, Sch 2 [40].
Sec 191	Am 1993 No 47, Sch 1; 1994 No 10, Sch 4 (11).
Sec 192	Am 1993 No 47, Sch 1; 2003 No 81, Sch 2 [41]–[43].
Sec 192A	Ins 1998 No 85, Sch 1 [74]. Am 2001 No 61, Sch 2.1 [1]–[3]; 2001 No 94, Sch 10.1 [1].
Part 7, Div 4, heading	Am 2003 No 81, Sch 2 [44].
Sec 193	Am 1989 No 133, Sch 8 (10); 1990 No 46, Sch 1; 1994 No 10, Schs 2 (3), 4 (12); 1994 No 95, Sch 2; 2003 No 97, Sch 1 [6]. Subst 2003 No 81, Sch 2 [45].
Sec 194	Rep 1994 No 10, Sch 4 (13). Ins 2003 No 81, Sch 2 [46].
Sec 195	Am 1992 No 36, Sch 1 (1). Subst 1994 No 10, Sch 2 (4). Am 1998 No 85, Sch 1 [75] [76]. Rep 2003 No 81, Sch 2 [47].
Sec 196	Am 1993 No 108, Sch 2; 1994 No 10, Sch 2 (5) (6); 1995 No 89, Sch 1 [84]; 2000 No 44, Sch 12.1 [10]. Rep 2003 No 81, Sch 2 [47].
Sec 197	Am 1991 No 2, Sch 3 (3); 1994 No 10, Sch 2 (5) (7); 1998 No 85, Sch 1 [77]. Rep 2003 No 81, Sch 2 [47].
Sec 198	Am 1994 No 6, Sch 2 (12); 1994 No 10, Sch 2 (5) (8); 2001 No 34, Sch 4.74 [6]. Rep 2003 No 81, Sch 2 [47].
Sec 199	Am 1994 No 10, Sch 2 (5); 1995 No 89, Sch 1 [85]; 1996 No 24, Sch 1. Rep 2003 No 81, Sch 2 [47].
Sec 200	Am 1994 No 6, Sch 2 (12); 1995 No 89, Sch 1 [86]; 2001 No 34, Sch 4.74 [7]. Rep 2003 No 81, Sch 2 [47].
Sec 201	Am 1994 No 10, Sch 2 (5) (9); 2003 No 81, Sch 2 [48]–[50].
Sec 202	Am 1994 No 10, Sch 2 (10); 2003 No 81, Sch 2 [51]–[54].
Sec 202A	Ins 2003 No 81, Sch 2 [55].
Secs 202B, 202C	Ins 2015 No 19, Sch 5 [37].
Sec 203	Am 1989 No 133, Sch 8 (13); 1991 No 2, Sch 3 (4); 1996 No 24, Sch 1. Rep 2003 No 81, Sch 2 [47].
Sec 204	Am 1992 No 36, Sch 1 (2). Rep 1994 No 10, Sch 2 (11).
Sec 205	Am 1989 No 133, Sch 8 (14). Rep 1994 No 10, Sch 2 (12).
Sec 206	Am 1988 No 132, Sch 1 (4); 1989 No 1, Sch 1; 1989 No 133, Sch 8 (15). Subst 1994 No 10, Sch 2 (13). Rep 2003 No 81, Sch 2 [47].
Sec 207	Subst 1994 No 10, Sch 2 (14). Rep 2003 No 81, Sch 2 [47].
Sec 208	Am 2000 No 44, Sch 12.1 [11]; 2003 No 81, Sch 2 [56] [57]; 2012 No 53, Sch 9.1 [4]; 2015 No 19, Sch 5 [38].
Sec 208AA	Ins 2000 No 87, Sch 20.1 [4]. Am 2003 No 29, Sch 1 [6]; 2003 No 81, Sch 2 [58] [59] [60] (am 2005 No 98, Sch 2.73) [61]–[65].
Sec 208A	Ins 1989 No 214, Sch 2. Am 1993 No 108, Sch 2; 1994 No 10, Sch 2 (5) (15). Rep 2003 No 81, Sch 2 [47].
Sec 208B	Ins 1991 No 2, Sch 3 (5). Am 1994 No 10, Sch 2 (5) (16). Rep 2003 No 81, Sch 2 [47].
Sec 209	Am 1993 No 47, Sch 1.
Sec 210	Am 1991 No 2, Sch 3 (6); 1994 No 10, Sch 3 (3); 2015 No 19, Sch 5 [11].
Sec 211	Am 1994 No 10, Sch 3 (4).
Sec 211A	Ins 1994 No 10, Sch 3 (5). Am 2001 No 34, Sch 4.74 [8].
Sec 211B	Ins 1994 No 10, Sch 3 (5). Am 2004 No 106, Sch 2.7.
Sec 213	Am 1991 No 94, Sch 1; 1993 No 47, Sch 1; 1994 No 10, Sch 3 (6). Subst 2008 No 22, Sch 1 [12].
Sec 214	Am 1991 No 94, Sch 1; 2008 No 22, Sch 1 [13] [14].
Sec 215	Am 1991 No 94, Sch 1; 1994 No 10, Sch 3 (7); 2008 No 22, Sch 1 [15] [16].
Sec 215A	Ins 1989 No 133, Sch 8 (16). Am 1996 No 24, Sch 1; 2004 No 56, Sch 1 [5]; 2008 No 22, Sch 1 [17] [18].
Sec 215B	Ins 2010 No 101, Sch 1 [24].
Sec 216	Am 1989 No 133, Sch 8 (17); 1991 No 94, Sch 1. Subst 1994 No 10, Sch 3 (8). Am 1995 No 30, Sch 1 [10]; 2008 No 22, Sch 1 [19]–[22].
Sec 216A	Ins 2015 No 19, Sch 5 [39].
Part 7, Div 6	Rep 2003 No 81, Sch 2 [66]. Ins 2012 No 53, Sch 9.1 [5].
Sec 217	Am 1989 No 133, Sch 8 (10); 1990 No 46, Sch 1; 1994 No 10, Sch 2 (17); 2001 No 107, Sch 7.12 [2]; 2003 No 97, Sch 1 [7]. Rep 2003 No 81, Sch 2 [66]. Ins 2012 No 53, Sch 9.1 [5].
Sec 218	Am 1996 No 24, Sch 1. Rep 2003 No 81, Sch 2 [66]. Ins 2012 No 53, Sch 9.1 [5].
Sec 219	Rep 2003 No 81, Sch 2 [66]. Ins 2012 No 53, Sch 9.1 [5].
Sec 220	Am 1993 No 47, Sch 1; 2000 No 44, Sch 12.1 [12]. Rep 2003 No 81, Sch 2 [66]. Ins 2012 No 53, Sch 9.1 [5].
Sec 221	Am 1990 No 46, Sch 1; 1994 No 10, Sch 4 (14); 2001 No 61, Sch 1 [9]; 2004 No 106, Sch 2.7. Rep 2003 No 81, Sch 2 [66].
Sec 221A	Ins 1998 No 85, Sch 1 [78]. Rep 2003 No 81, Sch 2 [66].
Sec 222	Rep 2003 No 81, Sch 2 [66].
Sec 223	Rep 1994 No 10, Sch 4 (15).
Sec 224	Rep 2003 No 81, Sch 2 [66].
Part 7, Div 6A	Ins 1991 No 2, Sch 3 (7).
Sec 224A	Ins 1991 No 2, Sch 3 (7).
Sec 224B	Ins 1991 No 2, Sch 3 (7). Am 1998 No 85, Sch 1 [79]; 1999 No 24, Sch 2 [9]; 2001 No 94, Sch 6.1 [4].
Sec 224C	Ins 1991 No 2, Sch 3 (7). Am 2003 No 81, Sch 2 [67].
Secs 224D–224F	Ins 1991 No 2, Sch 3 (7). Rep 2003 No 81, Sch 2 [68].
Sec 226	Am 1998 No 85, Sch 1 [80]; 1999 No 24, Sch 2 [9]; 2001 No 94, Sch 6.1 [5].
Sec 227	Am 1991 No 2, Sch 3 (8) (9); 1991 No 100, Sch 2 (6); 1998 No 85, Sch 1 [81]; 2003 No 81, Sch 2 [69]–[71]; 2012 No 54, Sch 3.6 [6] [7]; 2015 No 19, Sch 5 [40].
Sec 228	Am 1988 No 132, Sch 1 (4); 1989 No 121, Sch 1; 1991 No 2, Sch 3 (8) (10); 1991 No 99, Sch 3 (3); 1993 No 47, Sch 1; 1998 No 85, Sch 1 [82]; 2000 No 44, Sch 12.1 [13]; 2015 No 19, Sch 5 [11].
Secs 229, 230	Am 1991 No 2, Sch 3 (8); 1993 No 47, Sch 1.
Sec 231	Am 1990 No 46, Sch 1; 1991 No 2, Sch 3 (8); 1991 No 100, Sch 2 (7); 1994 No 6, Sch 2 (15).
Sec 232	Am 1991 No 2, Sch 3 (8).
Sec 233	Am 1991 No 2, Sch 3 (8). Rep 2003 No 81, Sch 2 [68].
Sec 234	Am 1991 No 2, Sch 3 (8) (11).
Secs 235, 236	Am 1991 No 2, Sch 3 (8).
Sec 237	Am 1993 No 47, Sch 1.
Part 7, Div 8	Ins 2002 No 123, Sch 1.
Secs 239AA–239AD	Ins 2002 No 123, Sch 1.
Sec 239AE	Ins 2002 No 123, Sch 1. Am 2012 No 54, Sch 3.6 [8] [9]; 2015 No 19, Sch 5 [41].
Sec 239AF	Ins 2002 No 123, Sch 1.
Sec 239AG	Ins 2002 No 123, Sch 1. Am 2015 No 19, Sch 5 [42].
Secs 239AH, 239AI	Ins 2002 No 123, Sch 1.
Sec 239AJ	Ins 2002 No 123, Sch 1. Am 2009 No 96, Sch 29; 2015 No 19, Sch 5 [43].
Secs 239AK, 239AL	Ins 2002 No 123, Sch 1.
Part 7A (secs 239A–239F)	Ins 2000 No 44, Sch 12.1 [14]. Rep 2004 No 55, Sch 3.
Part 8	Rep 1989 No 119, Sch 1 (28). Ins 2006 No 97, Sch 3 [1].
Secs 240–244	Rep 1989 No 119, Sch 1 (28). Ins 2006 No 97, Sch 3 [1].
Sec 245	Rep 1989 No 119, Sch 1 (28). Ins 2006 No 97, Sch 3 [1]. Am 2020 No 18, Sch 6.10[12] [13].
Secs 246, 247	Rep 1989 No 119, Sch 1 (28). Ins 2006 No 97, Sch 3 [1].
Secs 248–250	Subst 1988 No 132, Sch 1 (7). Rep 1989 No 121, Sch 1. Ins 2006 No 97, Sch 3 [1].
Part 9, heading	Subst 1988 No 132, Sch 1 (6); 1989 No 121, Sch 1. Rep 1998 No 85, Sch 1 [83].
Part 9	Rep 1998 No 85, Sch 1 [83].
Part 9, Div 1	Subst 1988 No 132, Sch 1 (7). Rep 1989 No 121, Sch 1.
Secs 251–253	Subst 1988 No 132, Sch 1 (7). Rep 1989 No 121, Sch 1.
Sec 253A	Ins 1988 No 132, Sch 1 (7). Rep 1989 No 121, Sch 1.
Part 9, Div 2, heading	Subst 1988 No 132, Sch 1 (8). Rep 1989 No 121, Sch 1.
Part 9, Div 2	Rep 1989 No 121, Sch 1.
Sec 254	Am 1989 No 119, Sch 1 (29). Rep 1989 No 121, Sch 1.
Sec 255	Rep 1988 No 132, Sch 1 (9).
Secs 256, 257	Rep 1989 No 121, Sch 1.
Part 9, Div 3, heading	Subst 1988 No 132, Sch 1 (10). Rep 1989 No 121, Sch 1.
Part 9, Div 3	Rep 1998 No 85, Sch 1 [83].
Sec 258	Am 1988 No 132, Sch 1 (4); 1989 No 121, Sch 1; 1994 No 10, Sch 2 (18). Rep 1998 No 85, Sch 1 [83].
Sec 259	Am 1988 No 132, Sch 1 (4) (11); 1989 No 119, Sch 1 (30). Rep 1989 No 121, Sch 1.
Sec 260	Am 1989 No 121, Sch 1. Rep 1998 No 85, Sch 1 [83].
Sec 261	Am 1991 No 100, Sch 2 (8); 1993 No 47, Sch 1. Rep 1998 No 85, Sch 1 [83].
Part 9, Div 4	Rep 1989 No 121, Sch 1.
Sec 262	Subst 1988 No 132, Sch 1 (12). Rep 1989 No 121, Sch 1.
Sec 263	Rep 1989 No 121, Sch 1.
Sec 264	Rep 1988 No 132, Sch 1 (13).
Sec 265	Rep 1989 No 121, Sch 1.
Sec 266	Am 1988 No 132, Sch 1 (14). Rep 1989 No 121, Sch 1.
Sec 267	Rep 1989 No 121, Sch 1.
Sec 268	Subst 1988 No 132, Sch 1 (15). Rep 1989 No 121, Sch 1.
Sec 269	Am 1993 No 47, Sch 1; 1994 No 10, Sch 3 (9). Rep 1998 No 85, Sch 1 [84].
Sec 270	Am 1993 No 47, Sch 1; 1996 No 120, Sch 1.19 [9]. Rep 1998 No 85, Sch 1 [85].
Sec 271	Am 1993 No 47, Sch 1. Rep 1998 No 85, Sch 1 [86].
Sec 272	Rep 1998 No 85, Sch 1 [87].
Sec 273	Rep 1998 No 85, Sch 1 [88].
Sec 274	Am 1993 No 47, Sch 1; 1995 No 89, Sch 1 [87]. Rep 1998 No 85, Sch 1 [89].
Sec 275	Rep 1998 No 85, Sch 1 [90].

Sec 276	Am 1989 No 133, Sch 6 (5); 1993 No 47, Sch 1. Rep 1998 No 85, Sch 1 [91].
Sec 277	Am 1995 No 89, Sch 1 [88]. Rep 1998 No 85, Sch 1 [92].
Sec 278	Am 1991 No 34, Sch 3; 1993 No 47, Sch 1; 1995 No 89, Sch 1 [89] [90]; 1996 No 17, Sch 5. Rep 1998 No 85, Sch 1 [93]. Ins 2010 No 57, Sch 1.27.
Sec 278A	Ins 1995 No 89, Sch 1 [91]. Rep 1998 No 85, Sch 1 [94].
Sec 279	Am 1995 No 89, Sch 1 [92]. Rep 1998 No 85, Sch 1 [95]. Ins 2010 No 57, Sch 1.27.
Sec 279A	Ins 2013 No 40, Sch 6.12. Am 2014 No 33, Sch 3.34.
Sec 280	Am 1993 No 47, Sch 1; 1998 No 85, Sch 1 [96] [97]; 2001 No 94, Sch 10.1 [2] [3].
Sch 1	Am 1988 No 20, Sch 20; 1989 No 119, Sch 1 (2); 1989 No 133, Sch 8 (18); 1989 No 192, Sch 3; 1992 No 29, Sch 5; 1994 No 13, Sch 4; 1995 No 30, Sch 12 [15] [22]–[24]; 1995 No 89, Sch 1 [93] [94]; 1996 No 120, Sch 1.12. Rep 1998 No 85, Sch 1 [98]. Ins 2002 No 124, Sch 1.1 [7]. Am 2007 No 27, Sch 1.55 [3]–[9]; 2011 No 27, Sch 2.64 [1]–[3].
Sch 2	Rep 1989 No 119, Sch 1 (31). Ins 1995 No 89, Sch 1 [95]. Am 1996 No 120, Sch 1.1 [25]. Rep 1998 No 85, Sch 1 [99]. Ins 2007 No 21, Sch 4.5 [6].
Sch 3	Subst 1988 No 132, Sch 1 (16). Rep 1989 No 121, Sch 1. Ins 2012 No 53, Sch 1.1 [13]. Subst 2018 No 62, Sch 3.1[11]. Am 2019 (455), Sch 2[1]; 2020 (625), Sch 2.
Sch 4	Subst 1988 No 132, Sch 1 (16). Am 1989 No 105, Sch 1. Rep 1989 No 121, Sch 1. Ins 2018 No 93, Sch 1 [2].
Sch 6	Am 1988 No 132, Sch 1 (4) (17) (18); 1989 No 119, Sch 1 (32); 1989 No 121, Sch 1; 1989 No 133, Schs 1 (5), 3 (10), 4 (11), 8 (19) (20) (21); 1989 No 214, Sch 1 (2); 1990 No 46, Sch 1; 1990 No 108, Sch 1; 1991 No 2, Schs 3 (12), 4 (6) (7); 1991 No 17, Sch 2; 1991 No 94, Sch 1; 1991 No 99, Schs 1 (15) (16), 2 (3), 3 (2), 4 (1) (2); 1991 No 100, Sch 2 (9); 1992 No 57, Sch 2; 1994 No 6, Schs 1 (4), 2 (16)–(19); 1994 No 10, Schs 1 (7), 2 (19), 5 (13)–(17); 1995 No 30, Schs 1 [11]–[13], 2 [2], 4 [21]–[24], 7 [3]–[7], 8 [6], 10 [2], 11 [7], 12 [10] [16] [25]; 1995 No 89, Sch 1 [96]–[112]; 1996 No 120, Sch 1.1 [26], 1.2 [11], 1.3 [5], 1.4 [4], 1.5 [5], 1.6 [5], 1.7 [4], 1.8 [7], 1.9 [9], 1.14 [2], 1.17 [1] [2], 1.18 [8], 1.19 [10]–[12]; 1997 No 4, Sch 1 [2] [3]; 1997 No 134, Sch 1 [24]–[28]; 1998 No 85, Sch 1 [100]–[107]; 1998 No 130, Sch 5 [6]; 1999 No 24, Sch 2 [10]–[12]; 2000 No 44, Sch 12.1 [15]–[17]; 2000 No 46, Sch 2; 2000 No 87, Schs 1.2 [1] [2], 3.2, 4 [3], 8.2, 20.1 [5], 21.2 [9], 22.2 [2]–[7], 23.2 [3] [4]; 2001 No 61, Schs 1 [10], 4.1 [2]–[4]; 2001 No 94, Schs 4 [1]–[15], 5.1 [1]–[3]; 2002 No 23, Sch 1.11 [1]–[4]; 2002 No 124, Schs 1.1 [8] [9], 2 [12]; 2002 No 129, Sch 2.18 [2] (subst 2004 No 74, Sch 3 [67]); 2003 No 29, Sch 1 [7] [8]; 2003 No 81, Sch 2 [72] [73]; 2003 No 97, Sch 1 [8] [9]; 2004 No 56, Sch 1 [6] [7]; 2004 No 111, Sch 2 [4] [5]; 2005 No 64, Sch 1.49; 2005 No 113, Sch 4 [1] [2]; 2006 No 25, Sch 1 [8]–[10]; 2006 No 97, Sch 3 [2] [3]; 2006 No 98, Sch 1 [10]–[12]; 2007 No 82, Sch 4.29; 2008 No 22, Sch 1 [23]–[26]; 2008 No 42, Sch 2 [2] [3]; 2008 No 118, Sch 1 [10] [11]; 2010 No 59, Sch 1.28; 2010 No 101, Sch 1 [25] [26]; 2011 No 27, Sch 3.16; 2012 No 53, Schs 9.1 [6], 12 [1] [2]; 2015 No 18, Sch 6; 2015 No 19, Sch 5 [44]; 2016 No 60, Sch 4.5 [1] [2]; 2018 No 28, Sch 1.42 [3]; 2018 No 62, Sch 8.2 [1] [2]; 2018 No 93, Sch 1 [3]–[6]; 2018 (729), Sch 2 [1] [2]; 2019 (455), Sch 2[2]; 2019 No 14, Sch 1.26[1] [2]; 2019 No 20, Sch 1.27; 2020 No 5, Sch 1.34[2]; 2022 No 25, Sch 2.1[3] [4]; 2022 No 53, Sch 2; 2023 No 35, Sch 1.22; 2024 No 71, Sch 9[8].
The whole Act (except sec 217 and Sch 1)	Am 1988 No 132, Sch 1 (1) (“Board” and “Board’s” omitted wherever occurring, “Authority” and “Authority’s” inserted instead).
The whole Act	Am 2015 No 19, Sch 5 [1] (“WorkCover Guidelines” omitted wherever occurring, “Workers Compensation Guidelines” inserted instead).