An Act to amend the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998 and certain other Acts to make further provision with respect to workers compensation benefits, claims, insurance, injury management, administration, conciliation and other matters; and for other purposes.
This Act is the Workers Compensation Legislation Amendment Act 2000.
This Act commences on a day or days to be appointed by proclamation.
A proclamation under this section may appoint a particular time on a day as the time for commencement on that day.
Each Act specified in Schedules 1–23 is amended as set out in those Schedules.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
(Repealed)
(Section 3)
Workers Compensation Act 1987 No 70Omit section 18 (3). Insert instead:
The provisions of this section are subject to section 22D.
Item [1] amends section 18 as a consequence of the enactment of proposed section 22D by item [4].
Omit “The person” from section 22A (5).
Insert instead “Subject to section 22D, the person”.
Item [2] amends section 22A (5) as a consequence of the enactment of proposed section 22D by item [4].
Omit the subsection.
Item [3] omits section 22A (8) as a consequence of the enactment of proposed section 22D by item [4].
Insert after section 22C:
This section applies to an injury or series of injuries:
(a) to which any one or more of sections 15, 16, 17 and 22 apply or are alleged to apply, and
(b) assuming that compensation is payable in relation to that injury or series of injuries, more than one managed fund insurer is or may become liable to make or contribute to a payment of compensation in accordance with any one or more of those sections,
and so applies whether or not any other insurer is or may become liable to make or contribute to such a payment, and whether or not any employer is or may become liable as a self-insurer, in respect of that injury or series of injuries.
Subject to the regulations, any compensation or contribution that would (but for this subsection) be payable in accordance with any one or more of sections 15, 16, 17 and 22 by managed fund insurers in relation to an injury or series of injuries is to be paid by the primary insurer:
(a) with no contribution from any other managed fund insurer (or from any employer insured by a managed fund insurer) under section 15, 16 or 17, and
(b)