Workers Compensation Act 1987 Regulation amending Workers Compensation (General) Regulation 1996 (1996-348) [GG No 89 of 26.7.1996] (NSW)

1996—No. 348

WORKERS COMPENSATION ACT 1987—REGULATION

(Relating to penalty notice offences)

NEW SOUTH WALES

[Published in Gazette No. 89 of 26 July 1996]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Workers Compensation Act 1987, has been pleased to make the Regulation set forth hereunder.

JEFFREY SHAW, Q.C., M.L.C.

Minister for Industrial Relations.

Commencement

1. This Regulation commences on 1 November 1996.

Amendment of Workers Compensation (General) Regulation 1995

2. The Workers Compensation (General) Regulation 1995 is amended:

(a) by inserting after Part 19 the following Part:

PART 19A—PENALTY NOTICE OFFENCES

Penalty notice offences

73A. For the purposes of section 278A of the Act:

(a)	each offence created by a provision of the Act specified in Column 1 of Schedule 5 is declared to be a penalty notice offence; and
(b)	the prescribed penalty for such an offence is the amount specified opposite it in Column 3 of Schedule 5; and
(c)	the following persons are declared to be authorised officers:

(i)  each officer of the Authority authorised by the Authority for the purposes of section 274 of the

Act ;

1996—No. 348

(ii) each inspector appointed under section 31 of the Occupational Health and Safety Act 1983.

Short descriptions

73B. (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 5 is:

(a)	the expression specified opposite it in Column 2 of that Schedule; or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 5, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.

(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed.
(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

(b) by inserting after Schedule 4 the following Schedule:

SCHEDULE 5—PENALTY NOTICE OFFENCES

(Cll. 73A, 73B)

Column 1 Column 2 Column

3

Provision Short description Penalty

$

Section 43 (2A) Not comply s 43 (2) (provision of 200

information)

Section 90 (5) Manager mine/quarry contravene s 90 200

(1) (register of injuries)

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Section 90 (5) Occupier factory/workshop/office/shop 200

contravene s 90 (1) (register of

injuries)

Section 93 (1) (a) Not forward claim/documents to 500

insurer within 7 days

Section 93 (1) (b) Not provide further information to 500

insurer within 7 days

Section 93 (1) (c) Not pay compensation money as soon 500

as practicable

Section 134 (2) Employe/insurer not supply medical 200

report within 10 days

Section 154 (5) Obstruct/hinder rehabilitation 200

counsellor’s inspection

Section 161 (3) Not comply s 161 (1) notice within 200

21 days/time specified/allowed

Section 163 (I) Not keep register of policies with 200

required particulars

Section 163 (3) Not retain policy/claim records in 200

good order/condition for 7’ years

Section 174 (1) (a)	Not keep correct wage records	500
Section 174 (1) (b)	Not keep correct livelihood records	500
Section 174 (1) (c)	Not keep correct prescribed records	500

Section 174 (2) Not retain wage/livelihood/prescribed 500

records in good order/condition for

7 years

Section 174 (3) Not keep wage/livelihood/prescribed 500

records in prescribed manner

Section 174 (8) Not comply s 174 (5) (a) order 500

(information to Authority/insurer)

Section 174 (8) Not comply s 174 (5) (b) order 500

(Authority/insurer inspect records)

Section 174 (8) Not comply s 174 (6A) order (records 500

to Authority/insurer)

Section 174 (8) Obstruct/delay person exercising s 174 500

(7) power (inspect/copy/extract

records)

Section 269 (3) Manager mine/quarry contravene s 269 200

(post summary of Act)

1996—No. 348

Section 269 (3) Occupier factory/workshop/office/shop 200

contravene s 269 (post summary of

Act)

Section 270 (2) (a) Employer/employer’s agent refuse to 200

supply information to worker

Section 270 (2) (b) Employer/employer’s agent supply 200

false/misleading information to

worker

Amendment of Workers Compensation (Workplace Rehabilitation

Programs) Regulation 1995

3. The Workers Compensation (Workplace Rehabilitation Programs)

Regulation 1995 is amended:

(a) by inserting after Part 3 the following Part:

PART 3A—PENALTY NOTICE OFFENCES

Penalty notice offences

25A. (1) For the purposes of section 278A of -the Act:

(a)	each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence; and
(b)	the prescribed penalty for such an offence is the amount specified opposite it in Column 3 of Schedule 1; and
(c)	the following persons are declared to be authorised officers:

(i) each officer of the Authority authorised by the Authority for the purposes of section 274 of the Act;

(ii) each inspector appointed under section 31 of the Occupational Health and Safety Act 1983.

(2) In Column 3 of Schedule 1:
“large employer” means an employer who employs more than

20 workers;

“small employer” means an employer who employs no more

than 20 workers.

Short descriptions

25B. (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is:

1996—No. 348

(a)	the expression specified opposite it in Column 2 of that Schedule; or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.

(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed.

(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

by inserting after clause 26 the following Schedule:

SCHEDULE l—PENALTY NOTICE OFFENCES

(Cll. 25A, 25B)

Column 1	Column 2	Column 3
Provision	Short description	Penalty $
Clause 5	Not establish rehabilitation program within	50 (small

required time ernployer)

200 (large

employer)

Clause 10 Not display/notify rehabilitation program 20 (small

employer)

100 (large

employer)

1996—No. 348

EXPLANATORY NOTE

The object of this Regulation is:

(a) to prescribe the offences under the Workers Compensation Act 1987 and the Workers Compensation (Workplace Rehabilitation Programs) Regulation 1995 in respect of which penalty notices (“on-the-spot” fines) may be served; and

(b) to prescribe the persons who may serve such notices; and

(C) to prescribe the penalties for each offence if dealt with by way of the penalty notice (rather than by a court).

This Regulation is made under the Workers Compensation Act 1987 and, in
particular, under section 278A (Penalty notices) and under section 280 (the general

regulation-making power) as extended by section 145B (3) of the Justices Act 1902.

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