Workers Compensation (General) Amendment (Injury Notification) Regulation 2003 (NSW)

2003 No 573

New South Wales

Workers Compensation (General)

Amendment (Injury Notification)

Regulation 2003

under the

Workplace Injury Management and Workers Compensation
Act 1998

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Workplace Injury Management and Workers Compensation Act 1998.

JOHN DELLA BOSCA, M.L.C.,

Minister for Commerce

Explanatory note
The object of this Regulation is to provide for the notification of workplace injury to a workers compensation insurer and the WorkCover Authority.
The Regulation requires that:

(a)	the notification an employer is required to give to the employer’s insurer or the WorkCover Authority must be given by electronic communication, in writing by post, facsimile or lodgment in person, or by telephone, and
(b)	notification given to an insurer that is to be forwarded to the WorkCover Authority must be forwarded by an approved method of electronic communication, and
(c)	an employer is required to keep a record of an injury that is the subject of any such notification, and a record of the giving, and of any acknowledgement, of the notification, for 5 years and is required to make those records available for inspection by an authorised officer of the WorkCover Authority or an authorised representative of an industrial organisation of employees.

This Regulation is made under the Workplace Injury Management and Workers Compensation Act 1998, including sections 44, 59 and 248 (the general regulation- making power).

Published in Gazette No 128 of 22 August 2003, page 8040	Page 1
2003 No 573	Workers Compensation (General) Amendment (Injury Notification)
Clause 1	Regulation 2003

Workers Compensation (General) Amendment (Injury

Notification) Regulation 2003

under the

Workplace Injury Management and Workers Compensation Act 1998

1      Name of Regulation

This Regulation is the Workers Compensation (General)

Amendment (Injury Notification) Regulation 2003.

2 Commencement

This Regulation commences on 1 September 2003.

3 Amendment of Workers Compensation (General) Regulation 1995

The Workers Compensation (General) Regulation 1995 is amended as set out in Schedule 1.

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Workers Compensation (General) Amendment (Injury Notification)	2003 No 573
Regulation 2003
Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Clause 37A

Insert before clause 38:

37A	Notification of workplace injury
(1) For the purposes of section 44 (2) of the 1998 Act, notification to an insurer or the Authority by an employer that a worker has received a workplace injury must be given in any of the following ways:

(a)

byelectroniccommunication(usingamodeof electronic communication approved by the insurer or the Authority) providing the information requested by the insurer or the Authority,

(b)

in writing by completing a notification form approved for the purpose by the insurer or the Authority and sending the completed form to the insurer or the Authority by post or facsimile transmission at the address or facsimile number indicated on the form, or by completing and lodging the form in person at an office of the insurer or the Authority,

(c)

by telephone to the insurer or the Authority, giving such information as may be requested of the caller.

(2)

For the purposes of section 44 (3) of the 1998 Act, an insurer who has been given notice by an employer under section 44 (2) of that Act that a worker has received a workplace injury must forward that notice to the Authority using a mode of electronic communication approved by the Authority.

(3)

An employer who gives a notification under section 44 (2) of the 1998 Act must make and keep for at least 5 years after the notification is given:

(a)	a record of the date, time, place and nature of the injury to which the notification relates, and
(b)	a record of the date on which and the way in which the notification was given, and

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2003 No 573	Workers Compensation (General) Amendment (Injury Notification) Regulation 2003
Schedule 1	Amendment

(c) a record of any acknowledgement (such as a receipt number) given to the employer by the insurer or the Authority as evidence of receipt of the notification.

Note. An entry in the register of injuries kept under section 63 of the 1998 Act is a sufficient record of an injury for the purposes of this clause. The record of an acknowledgement of the notification can also be made and kept as part of the register of injuries.

(4)	An employer must make the records kept under subclause (3) available for inspection by an authorised officer or authorised employee representative in accordance with a request by the authorised officer or authorised employee representative, and in any event no later than 7 days after the date of the request.
(5)	In this clause:
authorised employee representative means an officer of an industrial organisation of employees (including any person who is concerned in, or takes part in, the management of that organisation) who is authorised under Part 7 of Chapter 5 of the Industrial Relations Act 1996.
authorised officer means an authorised officer under section 238 of the 1998 Act.
Maximum penalty: 20 penalty units.

BY AUTHORITY

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