Workers Compensation and Other Legislation Amendment Act 2004 (NSW)

An Act to make miscellaneous amendments to legislation dealing with workers compensation and occupational health and safety; and for other purposes.

1Name of Act

This Act is the Workers Compensation and Other Legislation Amendment Act 2004.

2Commencement(1)

This Act commences on the date of assent, except as provided by subsection (2).

(2)

Schedule 2 [3] commences on a day to be appointed by proclamation.

3Amendment of Acts and Regulation

The Acts and Regulation specified in Schedules 1–6 are amended as set out in those Schedules.

Schedule 1

(Repealed)

Schedule 2Amendment of Workers Compensation Act 1987 No 70

(Section 3)

[1], [2]

(Repealed)

[3]Section 163B

Insert after section 163A:

163BIssue of stop work order to uninsured employer(1)

The Authority or an authorised officer may issue a stop work order in writing to an employer (other than an employer who is a self-insurer) if the Authority or authorised officer reasonably suspects that the employer does not have a policy of insurance that complies with this Division.

(2)

A stop work order takes effect at the beginning of the fifth working day after the day on which it is given to the employer and may be withdrawn at any time by the Authority or an authorised officer.

(3)

A stop work order is to be withdrawn by the Authority or an authorised officer as soon as practicable after the employer to whom the order has been issued produces a certificate of currency in accordance with section 163A.

(4)

After a stop work order takes effect, the employer to whom it has been issued must (until the order is withdrawn) ensure that no work is performed for the employer by any worker of the employer.

Maximum penalty: 500 penalty units or imprisonment for 6 months, or both.

(5)

In this section:

authorised officer has the same meaning as in section 238 of the 1998 Act.

[4], [5]

(Repealed)

Schedules 3–6

(Repealed)