Workers Compensation Legislation Amendment Act 2010 (NSW)

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An Act to amend workers compensation legislation to make further provision for determination of compensation and work injury damages, workplace rehabilitation, medical assessment, appeals and other matters.

1Name of Act

This Act is the Workers Compensation Legislation Amendment Act 2010.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation.

(2)

A proclamation under this section may appoint a particular time on a day as the time for commencement on that day.

Schedule 1Amendment of Workers Compensation Act 1987 No 70[1]Section 9A No compensation payable unless employment substantial contributing factor to injury

Omit “occupational rehabilitation service” from section 9A (3) (b).

Insert instead “workplace rehabilitation service”.

[2]Section 38A Determination of whether worker seeking suitable employment

Omit “occupational rehabilitation services” from the definition of rehabilitation training in section 38A (7).

Insert instead “workplace rehabilitation services”.

[3]Section 40 Weekly payments during partial incapacity—general

Insert at the end of section 40 (1):

Note—

Section 35 limits the maximum weekly payment of compensation under this section.

[4]Section 40 (2)

Omit “(but not exceeding $1,000)” wherever occurring.

[5]Section 40 (2) and (2A)

Insert at the end of each subsection:

Note—

The difference between (a) and (b) is the maximum amount of compensation payable to the worker. It is not a limit on the combined total of compensation and earnings.

[6]Section 40 (7)

Omit “subsection (2)”. Insert instead “subsection (2A)”.

[7]Section 59 Definitions

Omit “occupational rehabilitation service” from the definition of medical or related treatment.

Insert instead “workplace rehabilitation service”.

[8]Section 59, definition of “occupational rehabilitation service”

Omit the definition.

[9]Section 59, definition of “workplace rehabilitation service”

Insert in alphabetical order:

workplace rehabilitation service means any service provided as a workplace rehabilitation service by or on behalf of a provider of rehabilitation services approved under section 52 of the 1998 Act.

[10]Section 60 Compensation for cost of medical or hospital treatment and rehabilitation etc

Omit “occupational” from section 60 (1) (d). Insert instead “workplace”.

[11]Section 60 (5)

Insert after section 60 (4):

(5)

The jurisdiction of the Commission with respect to a dispute about compensation payable under this section extends to a dispute concerning any proposed treatment or service and the compensation that will be payable under this section in respect of any such proposed treatment or service. Any such dispute must be referred by the Registrar for assessment under Part 7 (Medical assessment) of Chapter 7 of the 1998 Act, unless the regulations otherwise provide.

[12]Section 60A Worker not liable for medical, hospital and rehabilitation charges above applicable rates

Omit “an occupational” wherever occurring. Insert instead “a workplace”.

[13]Section 63A Rates applicable for workplace rehabilitation services

Omit “occupational” wherever occurring in section 63A (1), (2), (5) and (6).

Insert instead “workplace”.

[14]Section 63A (3) and (4)

Omit the subsections.

[15]Section 73 Reimbursement for costs of medical certificate and examination

Insert after section 73 (2):

(3)

The following provisions apply…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.