Workers Compensation Amendment Regulation 2014 (No 1) (ACT)

Workers Compensation Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-36

The Australian Capital Territory Executive makes the following regulation under the Workers Compensation Act 1951.

Dated 18 December 2014.

Mick Gentleman

Minister

Simon Corbell

Minister

Workers Compensation Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-36

made under the

Workers Compensation Act 1951

1. Name of regulation

   This regulation is the Workers Compensation Amendment Regulation 2014 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Workers Compensation Regulation 2002.

4. Section 36 (1)

   omit

   must

   substitute

   may

5. Section 38 (1)

   substitute

   (1)A conciliation about a matter in issue arising from a worker’s claim for compensation must be held before arbitration of the matter only if—

   (a)the worker and the worker’s employer agree to participate in the conciliation; and

   (b)a conciliator is available.

6. Section 39

   substitute

7. Action by conciliator

   (1)This section applies if a worker and the worker’s employer have asked a conciliator to help them reach agreement on a matter in issue arising from the worker’s claim for compensation.

   (2)If the conciliator is available to help the worker and the worker’s employer, the conciliator must, as soon as practicable—

   (a)set a time and place for the conciliation; and

   (b)tell each party to the conciliation, in writing, about the time and place.

   NoteFor how documents may be served, see the Legislation Act, pt 19.5.

8. Section 48

   substitute

9. When may application for arbitration be filed?

   (1)An injured worker or the worker’s employer may file an application for the arbitration of—

   (a)a matter in issue arising from the worker’s claim for compensation; or

   (b)the insurer’s rejection of the worker’s claim for compensation.

   (2)However, if the injured worker and the employer must participate in a conciliation under section 38, the application for arbitration may be filed only if—

   (a)the parties have attended the conciliation; and

   (b)either—

   (i)the matter was not resolved at the conciliation; or

   (ii)the conciliator decided that the matter was not suitable for conciliation.

Endnotes

1. Notification

   Notified under the Legislation Act on 19 December 2014.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014