WORKERS COMPENSATION LEGISLATION (AMENDMENT)
ACT 1994 No. 10
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Workers Compensation Act 1987 No. 70
4. Amendment of Workers' Compensation (Dust Diseases) Act 1942 No. 145. Explanatory notes
SCHEDULE l—AMENDMENTS TO WORKERS COMPENSATION ACT
RELATING TO BENEFITS FOR PARTIALLY INCAPACITATED WORKERSSCHEDULE 2—AMENDMENTS TO WORKERS COMPENSATION ACT
RELATING TO STATUTORY FUNDS OF INSURERS
SCHEDULE 3—AMENDMENTS TO WORKERS COMPENSATION ACT
RELATING TO SELF-INSURERS
SCHEDULE 4—AMENDMENTS TO WORKERS COMPENSATION ACT
RELATING TO PRIVATISATION OF GIO
SCHEDULE 5—MISCELLANEOUS AMENDMENTS TO WORKERS COMPENSATION ACT
SCHEDULE 6—MISCELLANEOUS AMENDMENTS TO WORKERS'
COMPENSATION (DUST DISEASES) ACT
WORKERS COMPENSATION LEGISLATION (AMENDMENT)
ACT 1994 No. 10
NEW SOUTH WALES
Act No. 10, 1994
An Act to amend the Workers Compensation Act 1987 relating to benefits for partially incapacitated workers, statutory funds of insurers, self-insurers and the privatisation of GIO; to amend the Workers’
Compensation (Dust Diseases) Act 1942; and for other purposes.
[Assented to 4 May 1994]
Workers Compensation Legislation (Amendment) Act 1994 No . 1 0
The Legislature of New South Wales enacts:
Short title
l . This Act may be cited as the Workers Compensation Legislation (Amendment) Act 1994.
Commencement
2. This Act commences on a day or days to be appointed by proclamation.
Amendment of Workers Compensation Act 1987 No. 7 0
3. The Workers Compensation Act 1987 is amended as set out in Schedules 1–5.
Amendment of Workers’ Compensation (Dust Diseases) Act 1942
No. 144. The Workers’ Compensation (Dust Diseases) Act 1942 is amended as set out in Schedule 6
Explanatory notes
5. Matter appearing under the heading “Explanatory note” in the Schedules to this Act does not form part of this Act.
SCHEDULE l—AMENDMENTS TO WORKERS
COMPENSATION ACT RELATING TO BENEFITS FOR
PARTIALLY INCAPACITATED WORKERS
(Sec. 3)
(1) Sections 38, 38A:
Omit the sections, insert instead:
Partially incapacitated workers not suitably employed— special initial payments while seeking employment
38. (1) Entitlement. If:
(a)
a worker is partially incapacitated for work as a result of an injury; and
Workers Compensation Legislation (Amendment) Act I994 No. 10
SCHEDULE 1-AMENDMENTS TO WORKERS COMPENSATION
ACT RELATING TO BENEFITS FOR PARTIALLY
INCAPACITATED WORKERS—continued
(b) the worker is not suitably employed during any period of that partial incapacity for work, the worker is to be compensated in accordance with this section during each such period as if the worker’s incapacity for work were total.
(2) Maximum period of entitlement. The maximum total period for which the worker may be so compensated is 104 weeks.
(3) Rate of compensation. When a worker is so compensated, the compensation is payable at the relevant rate prescribed by this Act for the period of incapacity concerned. However, after the first 26 weeks of incapacity and until the worker has been compensated under this section for a total of 52 weeks, the rate is the greater of the following rates:
(a) 80% of the worker’s current weekly wage rate (that is, 80% of the rate prescribed by this Act for…