Workers Compensation Regulation 2016 (NSW)
Workers Compensation Legislation Amendment Act 2018 No 62, Sch 1.3[1]–[4] (not commenced)
This Regulation is the Workers Compensation Regulation 2016.
This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.
This Regulation replaces the Workers Compensation Regulation 2010, which is repealed on 1 September 2016 by section 10(2) of the Subordinate Legislation Act 1989.
In this Regulation—
(a) an employer insured under a policy of insurance to which the Workers Compensation Market Practice and Premiums Guidelines apply and whose basic tariff premium (within the meaning of those guidelines) for that policy would exceed $50,000, if the period of insurance to which the premium relates were 12 months, or
(b) an employer insured under more than one policy of insurance to which the Workers Compensation Market Practice and Premiums Guidelines apply and whose combined basic tariff premiums (within the meaning of those guidelines) for those policies would exceed $50,000, if the period of insurance to which each premium relates were 12 months, or
(c) an employer who is self-insured, or
(d) an employer who is insured with a specialised insurer and who employs more than 20 workers.
The 1987 Act, the 1998 Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation (other than notes in Schedule 6) do not form part of this Regulation.
Each kind of employment set out in Column 2 of Schedule 1 is prescribed as employment to which section 19(1) of the 1987 Act applies.
A disease set out in Column 1 of Schedule 1 is prescribed as a disease that is related to the employment or, as the case may require, each kind of employment, set out in Column 2 of that Schedule opposite the description of that disease.
For the purposes of section 19(2) of the 1987 Act, any one of the results set out in Column 3 of Part 1 of Schedule 2, if obtained by means of the medical test the requirements of which are set out opposite that result in Column 2 of that Part, is a result prescribed in respect of the disease, the name of which appears opposite that result in Column 1 of that Part.
The following bodies and agencies are prescribed for the purposes of section 19A of the 1987 Act—
(a) the NSW Rural Fire Service,
(b) Fire and Rescue NSW,
(c) the Office of Environment and Heritage,
(d) the Forestry Corporation,
(e) Sydney Trains.
For the purposes of section 19B(2) of the 1987 Act, a result set out in Column 3 of Part 2 of Schedule 2 in relation to COVID-19, if obtained by means of a medical test the requirements of which are set out opposite that result in Column 2 of that Part in relation to the disease, is a result prescribed in respect of the disease.
For the purposes of section 19B(3) of the 1987 Act, the clinical criteria prescribed for the purpose of making a classification of COVID-19 are the obtaining of a result prescribed under section 19B(2) of the 1987 Act in respect of the disease by means of a medical test that complies with the requirements prescribed under that subsection in relation to the disease.
A reference in Part 2 of Schedule 2 to the Australian Register of Therapeutic Goods is a reference to the register of that name maintained under the Therapeutic Goods Act 1989 of the Commonwealth.
For the purposes of section 19B(5)(a) of the 1987 Act, the relevant date is the later of—
(a) the date that is 21 days after the date of the injury, or
(b) if a medical practitioner issues a certificate of capacity certifying that the worker still has COVID-19 on that date—the date that marks the end of the expected duration of the worker’s incapacity for work as a result of COVID-19 that is specified in the certificate.
Section 32A of the 1987 Act is modified by adding the following subsection at the end of the section—
For the purposes of applying this Division to a worker referred to in section 19B(5), a reference in section 19B(5) to a worker being incapable of work is a reference to the worker having a total incapacity for work and no current work capacity.
Subclauses (4) and (5) apply—
(a) to a worker the subject of a presumption under section 19B(1) of the 1987 Act in relation to whom the presumption under section 19B(5) of the 1987 Act is rebutted (a
relevant worker ), and(b) for the purposes of Division 2 of Part 3 of the 1987 Act.
To avoid doubt, section 33 of the 1987 Act applies to a relevant worker with a total or partial incapacity for work resulting from the worker’s COVID-19 infection.
A relevant worker to whom section 33 of the 1987 Act does not otherwise apply is taken to be partially incapacitated for work and to have current work capacity as a result of COVID-19 during the worker’s isolation period if the worker’s actual gross weekly earnings from paid employment during that period are—
(a) less than the gross weekly amount that the worker had the capacity to earn in the worker’s pre-injury employment immediately before the injury, or
(b) nil.
For the purposes of applying Division 2 of Part 3 of the 1987 Act to a relevant worker, the current weekly earnings of the worker in relation to a week are the worker’s actual gross earnings in respect of that week, and clause 8 of Schedule 3 to the 1987 Act in its application to the worker is taken to be modified accordingly.
In this clause—
For the purposes of the definition of
(a) cafes,
(b) supermarkets,
(c) funeral homes,
(d) child care facilities.
This Part applies only to injuries received before 21 October 2019.
For the purposes of section 44C(7) of the 1987 Act, the amount of $155 is prescribed as the minimum amount applicable to a worker.
For the purposes of the prescribed number of hours wherever referred to in Schedule 3 to the 1987 Act, 38 hours is prescribed.
This Part takes effect on and from 21 October 2019.
This Part applies only to injuries received on or after 21 October 2019.
In this Part—
For the purposes of clause 2(4) of Schedule 3 to the 1987 Act, the amount of $155 is prescribed as the minimum amount applicable to a worker.
This Division provides for the adjustment of the relevant earning period under clause 2(2) of Schedule 3 to the 1987 Act for a worker in employment for the purposes of calculating the pre-injury average weekly earnings in relation to the worker.
The relevant earning period in respect of the employment is to be adjusted in accordance with the provisions of this Division in the following order—
(a) Clause 8B (Adjustment for workers not continuously employed),
(b) Clause 8C (Adjustment for financially material change to earnings),
(c) Clause 8D (Alignment of relevant earning period with pay period),
(d) Clause 8E (Adjustment for unpaid leave),
(e) Clause 8EA (Adjustment for prescribed periods relating to COVID-19).
Accordingly, a reference in a provision of this Division—
(a) to the relevant earning period is a reference to the relevant earning period as adjusted in accordance with any preceding provision applicable to the worker, or
(b) to the
unadjusted earning period is a reference to the relevant earning period as so adjusted, but without regard to any adjustment under the provision in which the expression is used.
The relevant earning period for a worker in employment is to be adjusted in accordance with this clause if the worker was not engaged in the employment from the beginning of the unadjusted earning period.
The relevant earning period for the worker in the employment is to be adjusted by excluding any period before the day on which the worker was first engaged in the employment.
The relevant earning period for a worker is to be adjusted in accordance with this clause if, during the unadjusted earning period, there was a change of an ongoing nature to the employment arrangement resulting in a financially material change to the earnings of the worker (for example, a change from full-time to part-time work).
The relevant earning period is to be adjusted by excluding from the period any period before the change to the earnings of the worker occurred.
The relevant earning period for a worker in employment may be adjusted to align the relevant earning period with any regular interval at which the worker is entitled to receive payment of earnings for work performed in the employment.
The relevant earning period is not to be adjusted as provided by this clause unless the insurer is reasonably satisfied that the amount of pre-injury average weekly earnings calculated by reference to the period as so adjusted is not less than the amount that it would have been but for the adjustment.
The relevant earning period for a worker is to be adjusted in accordance with this clause if, during any period of not less than seven consecutive calendar days within the unadjusted earning period—
(a) no earnings in the employment were paid or payable to the worker, and
(b) the worker took a period of unpaid leave (
the unpaid leave period ) commencing on the first day of that consecutive period.
The relevant earning period is to be adjusted by excluding each day (whether or not the day was a usual work day for the worker) of the period commencing on the first day of the unpaid leave period and ending immediately before the day on which earnings in the employment once again became payable to the worker.
The relevant earning period for a worker in employment is to be adjusted in accordance with this clause if, during the unadjusted earning period, there was a change to the worker’s employment arrangements as a direct result of the impact of the COVID-19 pandemic on the operations or general financial position of an employer of the worker.
If the change to the worker’s employment arrangements resulted in a financially material reduction to the total earnings of the worker during the first prescribed period, the relevant earning period is to be adjusted by excluding the first prescribed period.
The relevant earning period for a worker to whom subclause (2) applies is to be further adjusted in accordance with subclause (4) if the change to the worker’s employment arrangements resulted in no earnings in employment being paid or payable to the worker for a period of 2 or more days commencing on the first day of the second prescribed period.
For subclause (3), the relevant earning period is to be further adjusted by excluding each day, whether or not the day was a usual work day for the worker, of the period commencing on the first day of the second prescribed period and ending on the earlier of—
(a) the day immediately before the day on which earnings in any employment once again became payable to the worker, and
(b) the last day of the second prescribed period.
In this clause—
In determining the earnings that a worker could reasonably have been expected to have earned in employment for the purposes of clause 4(1) of Schedule 3 to the 1987 Act, the following matters are to be taken into account—
(a) any contract of employment made before the date of the injury,
(b) any award or agreement relating to the employment,
(c) any hours worked or earnings received by the worker during the period of 52 weeks before the injury.
If the consideration of those matters does not reasonably assist in determining the earnings that the worker could reasonably have been expected to have earned in the employment, the earnings are to be determined by having regard to the average weekly amount earned during the period of 52 weeks before the injury by other persons for the performance of similar work as the worker (whether or not with the worker’s employer).
For the purposes of clause 5(3)(c) of Schedule 3 to the 1987 Act, the worker’s pre-injury average weekly earnings are to be determined by having regard to the average weekly amount earned during the latest earning stage—
(a) by other persons who have attained the age of 21 years, and
(b) for the performance by those persons of similar work as the worker (whether or not with the worker’s employer).
If there are no persons who have attained that age and who are so employed and performing similar work as the worker, the worker’s pre-injury average weekly earnings is the maximum weekly compensation amount.
In this clause—
This Division sets out matters relating to an agreement between a worker and the employer as to the amount of pre-injury average weekly earnings that is to apply to the worker for the purposes of Division 2 of Part 3 of the 1987 Act (a
An obligation of the insurer to determine an application for approval of a pre-injury average weekly earnings agreement under this Division ceases if the insurer disputes liability for the weekly payments of compensation.
An agreement approved under this Division ceases to have effect for the purposes of clause 8I if the insurer disputes liability for the weekly payments of compensation.
The amount of pre-injury average weekly earnings that applies to a worker for the purposes of Division 2 of Part 3 of the 1987 Act is the amount specified in a pre-injury average weekly earnings agreement (if any) approved by the insurer in accordance with this Division.
See clause 8H(2) in relation to the cessation of the operation of this Division where liability is disputed.
The amount specified in a pre-injury average weekly earnings agreement under subclause (1) is subject to the minimum amount prescribed under clause 8AB.
The worker or the employer may apply for the approval by the insurer of a pre-injury average weekly earnings agreement.
The application is to be made within 5 days after the initial notification to the insurer of the injury (within the meaning of Part 3 of Chapter 7 of the 1998 Act).
The application is to be in writing and is to include each of the following—
(a) the agreed amount of pre-injury average weekly earnings,
(b) the date of the agreement,
(c) the date of the injury and claim number,
(d) the name of the worker and of the employer,
(e) the name and contact details of any person authorised by the employer to enter into the agreement,
(f) details of any other employment in which the worker is engaged,
(g) any supporting information (including, for example, a contract of employment or payslips),
(h) any other information that the worker or the employer considers was taken into account in reaching the agreement,
(i) acknowledgement of the consent of the parties to the agreement.
The worker or the employer may withdraw the application by giving notice in writing to the insurer.
After receiving an application for approval of a pre-injury average weekly earnings agreement in accordance with clause 8J, the insurer is to determine whether to approve, or refuse to approve, the agreement.
The insurer is to determine the application within 7 days after receiving the application (except as provided by subclause (3)).
If the insurer has a reasonable excuse for not commencing provisional weekly payments of compensation, the insurer is to determine the application within 7 days after the earlier of the following—
(a) the insurer ceases to have a reasonable excuse for not commencing those weekly payments,
(b) the insurer accepts liability for weekly payments of compensation in respect of the injury.
The insurer is to approve a pre-injury average weekly earnings agreement if satisfied that the agreed amount reasonably reflects the worker’s pre-injury earnings (excluding any earnings before or after the period of 52 weeks ending immediately before the date of the injury) and that the agreement is otherwise fair and reasonable.
The insurer must not approve a pre-injury average weekly earnings agreement relating to a worker who is a person under legal incapacity.
The insurer may decide to make weekly payments of compensation on the basis of the agreed amount of pre-injury average weekly earnings until the application for approval of the agreement is determined (an
For the avoidance of doubt, an interim payment decision is, for the purposes of clause 3 of Schedule 3 to the 1987 Act, a decision that is authorised to be made before the agreement can take effect.
Clause 3 of Schedule 3 to the 1987 Act provides that certain decisions authorised or required to be made by the regulations are taken not to be work capacity decisions for the purposes of Division 2 of Part 3 of that Act.
The insurer is not to approve a pre-injury average weekly earnings agreement if, before the application for approval of the agreement was made, the insurer made a work capacity decision about the amount of the worker’s pre-injury average weekly earnings.
The insurer is not to make a work capacity decision about the amount of the worker’s pre-injury average weekly earnings before the application for approval of the pre-injury average weekly earnings agreement is determined.
As soon as practicable after an application is determined, the insurer must notify the worker and the employer of the determination.
In this clause—
(a) a child under the age of 18 years,
(b) an involuntary patient or forensic patient within the meaning of the Mental Health Act 2007,
(c) a person under guardianship within the meaning of the Guardianship Act 1987,
(d) a protected person within the meaning of the NSW Trustee and Guardian Act 2009,
(e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing their will, in relation to their property or affairs.
Only one pre-injury average weekly earnings agreement may be approved by the insurer in respect of the worker’s claim for weekly payments of compensation.
However, the insurer may approve a variation of the pre-injury average weekly earnings agreement on the application of the worker or the employer if the worker’s entitlement to the use of a non-monetary benefit has been withdrawn on or after the date of the injury concerned.
A party to a pre-injury average weekly earnings agreement approved under this Division may withdraw from the agreement at any time by giving notice in writing to the other party and to the insurer.
Within 7 days after receiving notice of the withdrawal, the insurer is to—
(a) determine the amount of the pre-injury average weekly earnings that applies to the worker for the purposes of Division 2 of Part 3 of the 1987 Act, and
(b) give the worker and the employer notice in writing of the withdrawal from the agreement and of the amount determined in accordance with paragraph (a).
A decision of the insurer under this clause determining the applicable amount of pre-injury average weekly earnings is a work capacity decision and takes effect on the date of the notice under subclause (2)(b).
However, subclause (3) does not limit the application of clause 8N in respect of any payment increase decision.
See also section 80 of the 1998 Act with respect to the required period of notice for the reduction of weekly payments.
Within 14 days after making a payment increase decision, the insurer must pay to the worker the amount of the increase in weekly payments of compensation that has become payable to the worker as a result of the decision.
Maximum penalty—20 penalty units.
A
For the purposes of section 64B of the 1987 Act, a pre-injury employer is not liable to pay compensation for the cost of work assistance provided to assist a worker to return to work with a new employer if—
(a) the offer of employment with the new employer is an offer of employment for a period of less than 3 months, or
(b) the offer of employment has not been made in writing.
The person on whom a claim for compensation under section 64B of the 1987 Act is made must, within 14 days after the claim is made, determine the claim by accepting, or disputing, liability to pay the compensation.
Words and expressions used in this clause have the same meaning as in section 64B of the 1987 Act.
For the purposes of section 64C of the 1987 Act, an employer is not liable to pay compensation for the cost of education or training provided to assist a worker to return to work if—
(a) the provision of the education or training is inconsistent with the retraining or employment objectives of the injury management plan established for the worker, or
(b) the education or training is provided by any person or body other than—
(i) an NVR registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, or
(ii) a registered higher education provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth.
The person on whom a claim for compensation under section 64C of the 1987 Act is made must, within 21 days after the claim is made, determine the claim by accepting, or disputing, liability to pay the compensation.
A return-to-work program required to be established by a category 1 employer must be established before the expiration of the period of 12 months after the employer becomes a category 1 employer.
A return-to-work program required to be established by a category 2 employer must be established before the expiration of the period of 12 months after the employer becomes a category 2 employer.
The Authority may, in a particular case, extend the period during which a return-to-work program is required to be established.
Section 52(2)(b) of the 1998 Act requires a return-to-work program to be developed by an employer in consultation with workers of the employer and any industrial union of employees representing those workers.
An employer who fails to establish a return-to-work program under section 52 of the 1998 Act within the period required by this Regulation is guilty of an offence.
Maximum penalty—
(a) in the case of a category 1 employer—20 penalty units, or
(b) in the case of a category 2 employer—5 penalty units.
The Authority may prepare (in accordance with the return-to-work guidelines) standard return-to-work programs for category 2 employers generally or for different kinds of category 2 employers.
A category 2 employer may establish a return-to-work program by adopting a relevant standard return-to-work program prepared by the Authority under this clause.
The Authority may include in a compensation claim approved form under section 65(1)(b) of the 1998 Act a copy of any standard return-to-work program prepared under this clause.
An employer is not to be regarded as having established a return-to-work program unless the program complies with the return-to-work guidelines and any directions under or requirements of this Regulation.
A category 2 employer who adopts a relevant standard return-to-work program under clause 13 is to be regarded as having duly established a return-to-work program.
The Authority may give an employer directions in writing in connection with any return-to-work program established, or to be established, by the employer to ensure that the program complies with the return-to-work guidelines.
The Authority is to review a direction given by it under this clause if the employer concerned requests a review but need not review any particular direction more than once.
A return-to-work program must, if the return-to-work guidelines so require, nominate an approved provider of workplace rehabilitation services (or a list of approved providers) for the purposes of the program.
Consultation on the nomination of an approved provider of workplace rehabilitation services is to be carried out in such circumstances and in the manner that the return-to-work guidelines may provide.
A return-to-work program required to be notified to workers under section 52 of the 1998 Act may be notified by way of a computer program designed for use on a smartphone or other mobile device (in addition to any other method authorised by that section).
An employer who fails to display or notify a return-to-work program in accordance with section 52(2)(c) and (d) of the 1998 Act is guilty of an offence.
Maximum penalty—
(a) in the case of a category 1 employer—10 penalty units, or
(b) in the case of a category 2 employer—2 penalty units.
A category 2 employer is not required to display or notify a return-to-work program in accordance with section 52(2)(c) and (d) of the 1998 Act—
(a) if the employer provides a copy of the program to any worker who requests a copy or who claims compensation for any injury, or
(b) if the employer makes other appropriate arrangements to ensure that workers have access to a copy of the program.
A category 1 employer must—
(a) employ a person to be a return-to-work co-ordinator for injured workers of the employer, being a person who has undergone such training as the return-to-work guidelines may require, or
(b) engage a person in accordance with such arrangements as the return-to-work guidelines may from time to time permit to be a return-to-work co-ordinator for injured workers of the employer.
Maximum penalty—20 penalty units.
The following are examples of the arrangements that the return-to-work guidelines can permit for the purposes of this clause—
(a) the engagement of a person under an arrangement with a person or organisation that provides return-to-work co-ordinators to employers,
(b) an arrangement under which a person is engaged on a shared basis by 2 or more employers.
The return-to-work guidelines can require an employer to obtain the approval of the Authority before entering into an arrangement for the purposes of subclause (1)(b).
The return-to-work guidelines can impose requirements with respect to the training, qualifications and experience of persons who may be engaged to be return-to-work co-ordinators under subclause (1)(b).
An employer’s return-to-work co-ordinator has such functions as may be specified in the return-to-work guidelines.
The following classes of employers, to the extent indicated, are exempt from the requirement to establish a return-to-work program under section 52 of the 1998 Act and from clause 19—
(a) employers (including bodies corporate for strata schemes or strata (leasehold) schemes) who employ domestic or similar workers otherwise than for the purposes of the employer’s trade or business (but only to the extent of the workers concerned),
(b) employers who hold owner-builder permits under the Home Building Act 1989 (but only to the extent of workers employed for the purposes of the work to which the permits relate),
(c) employers (being corporations) who only employ workers who are directors of the corporation,
(d) employers who only employ workers who are members of the employer’s family,
(e) employers who only employ workers who perform work while outside New South Wales,
(f) employers exempted in writing by the Authority (but only to the extent specified in the exemption).
A person may apply to the Authority for a certificate of approval as a provider of workplace rehabilitation services.
Two or more persons jointly providing, or intending to jointly provide, workplace rehabilitation services may (but are not required to) apply for a joint certificate of approval.
An application must—
(a) be in the approved form, and
(b) contain the particulars and be accompanied by the documents that are required by that form, and
(c) be accompanied by such fee as the Authority may determine.
The Authority is to determine an application for a certificate of approval—
(a) by granting a certificate to the applicant in the applicant’s name, or, if there is more than one applicant, in their joint names, or
(b) by refusing to grant a certificate.
In determining an application for a certificate of approval, the Authority is to have regard to—
(a) the application, and
(b) in relation to the applicant or each applicant (if more than one)—
(i) if the applicant is a natural person—the desirability of granting individual approval to natural persons, and
(ii) the capacity of the applicant to comply with the conditions of approval for workplace rehabilitation providers approved by the Authority, and
(iii) any information supplied by a trade union or employer organisation relating to the applicant’s provision of rehabilitation services, and
(iv) any complaint lodged with the Authority against the applicant by a client of the applicant, and
(v) information procured in the course of any interviews with or examination of premises used by the applicant, and
(vi) verification of any references supplied by the applicant, and
(c) any relevant information relating to workers compensation costs and statistics concerning the return to work of injured workers, and
(d) any other matters that the Authority thinks fit.
The Authority must not grant a certificate unless—
(a) in the case of an application by a natural person or natural persons—the Authority is of the opinion that the applicant or each applicant is a fit and proper person to hold a certificate and is of or above the age of 18 years, and
(b) in the case of an application by a corporation—
(i) the Authority is of the opinion that the corporation is a fit and proper person to hold a certificate, and
(ii) each director of the corporation would, if the application had been made by the director, be a fit and proper person to be granted a certificate.
A person may be granted a certificate of approval in respect of one or more of the following classes of approval—
(a) a provider of services related to return to work with the pre-injury employer,
(b) a provider of services related to return to work with a different employer,
(c) a provider of specialist workplace rehabilitation services.
A certificate is to be in the approved form and is to specify—
(a) the name of the person or, in the case of a joint certificate, the names of the persons to whom the certificate is granted, and
(b) the class or classes of approval for which the certificate is granted.
It is a requirement of every certificate of approval that the holder of the certificate must comply with the conditions for approval for workplace rehabilitation providers approved by the Authority that are appropriate for the class or classes of approval for which the certificate is granted, being conditions of which the holder has been notified.
A certificate may be granted subject to such other conditions as may be specified in the certificate.
The Authority may, by notice in writing served on the holder of a certificate, amend or revoke the conditions specified in the certificate or add to those conditions.
Any such amendment, revocation or addition takes effect on and from a date specified in the Authority’s notice, being a date at least 7 days after the notice is served on the holder of the certificate.
The Authority may amend a certificate—
(a) on the application of a person who does not hold a certificate and proposes to provide a workplace rehabilitation service jointly with the holder of a certificate, by adding the name of the person as a joint holder of the certificate, or
(b) on the application of a joint holder of a certificate who ceases to provide workplace rehabilitation services, by deleting the person’s name from the certificate, or
(c) on the application of a holder of a certificate, by amending the specification of the class or classes of approval for which the certificate is granted.
An application under this clause must—
(a) be in the approved form, and
(b) contain the particulars and be accompanied by the documents that are specified in that form, and
(c) be accompanied by such fee as the Authority may determine.
The Authority is to determine an application under this clause—
(a) by granting the application and amending the certificate accordingly, or
(b) by refusing the application.
If an application referred to in subclause (1)(a) is granted and the certificate is amended by specifying in the certificate the name of the person concerned, that person is taken to be a person to whom the certificate is granted.
If the Authority refuses to grant or amend a certificate of approval, the Authority must as soon as practicable cause notice of the refusal to be served on the applicant.
In the case of a joint application, it is a sufficient compliance with subclause (1) if the notice of refusal is served on any one of the applicants.
The Authority is taken to have refused to grant or amend a certificate (and is taken to have notified the applicant accordingly) if the Authority does not give a decision on an application within 4 months after the date of lodgment of the application.
A certificate of approval remains in force, unless sooner cancelled or surrendered, for the period determined by the Authority and specified in the certificate.
A certificate may be renewed from time to time by the grant of a further certificate.
A holder of a certificate of approval may surrender it by delivering it to the Authority with notice in writing that the certificate is surrendered.
If the Authority is satisfied that a certificate of approval has been lost or destroyed, the Authority may, on payment of such fee as the Authority may determine, issue a duplicate certificate.
The Authority is to cause a register of certificates of approval to be kept, in the form determined by the Authority, and is to cause to be recorded in the register in respect of each certificate—
(a) the matters required by this Regulation to be specified in the certificate, and
(b) particulars of any amendment of the certificate, and
(c) particulars of any cancellation, suspension or surrender of the certificate, and
(d) any other matters that the Authority thinks fit.
The Authority may cause to be made such alterations of the register that are necessary to ensure that the register is an accurate record.
The register may be inspected by any person at the office of the Authority during the Authority’s usual office hours and copies of all or any part of the register may be taken on payment of such fee as the Authority may determine.
A person must not, in or in connection with an application for a certificate of approval or amendment of such a certificate, make any statement which the person knows to be false or misleading in a material particular.
Maximum penalty—20 penalty units.
The Authority may cancel or suspend a certificate of approval if the Authority is satisfied—
(a) that the holder of the certificate has made a statement in or in connection with an application for the certificate or amendment of the certificate that the holder knows to be false or misleading in a material particular, or
(b) that the holder of the certificate has contravened a condition of the certificate, or
(c) that the holder of the certificate has been convicted of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more, or
(d) that the holder of the certificate, not being a corporation, has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of remuneration for their benefit, or
(e) that the holder of the certificate, being a corporation—
(i) is in the course of being wound up, or
(ii) is under administration, or
(iii) is a corporation in respect of the property of which a receiver or manager (or other controller within the meaning of the Corporations Act 2001 of the Commonwealth) has been appointed, or
(iv) has entered into a compromise or arrangement with its creditors, or
(f) that the holder of the certificate has not provided workplace rehabilitation services for a continuous period of 3 months or more, or
(g) that the holder of the certificate is for any other reason not a fit and proper person to hold a certificate, or
(h) in the case of a holder of a certificate, being a corporation—that any director of the corporation—
(i) has been convicted of an offence referred to in paragraph (c), or
(ii) for any other reason would not be a fit and proper person to hold a certificate, if the certificate were held by the person.
The grounds referred to in subclause (1) (except paragraph (f)) are taken to exist—
(a) in the case of a joint certificate—if those grounds apply to any holder of that certificate, or
(b) in the case of 2 or more certificates held by persons providing workplace rehabilitation services in partnership—if those grounds apply to any holder of any of those certificates.
Before cancelling or suspending a certificate, the Authority must give the holder of the certificate an opportunity to show cause why the certificate should not be cancelled or suspended on such grounds as are notified to the holder.
The cancellation or suspension of a certificate does not take effect until notice in writing of the cancellation or suspension has been served on the holder of the certificate.
A person must not falsely hold himself or herself out as being the holder of a certificate of approval.
Maximum penalty—20 penalty units.
For the purposes of section 44(2) of the 1998 Act, notification to an insurer or the Nominal Insurer by an employer that a worker has received a workplace injury must be given in any of the following ways—
(a) by electronic communication (using a mode of electronic communication approved by the insurer or the Nominal Insurer) providing the information requested by the insurer or the Nominal Insurer,
(b) in writing by completing a notification form approved for the purpose by the insurer or the Nominal Insurer and sending the completed form to the insurer or the Nominal Insurer 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 Nominal Insurer,
(c) by telephone to the insurer or the Nominal Insurer, giving such information as may be requested of the caller.
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
(c) a record of any acknowledgment (such as a receipt number) given to the employer by the insurer or the Nominal Insurer as evidence of receipt of the notification.
An entry in the register of injuries kept under section 256 of the 1998 Act is a sufficient record of an injury for the purposes of this clause. The record of an acknowledgment of the notification can also be made and kept as part of the register of injuries.
An employer must make the records kept under subclause (2) available for inspection in accordance with, and in any event no later than 7 days after the date of, a request by—
(a) an authorised officer, or
(b) if any employee of the employer is a member of an industrial organisation of employees—an authorised employee representative of that organisation.
In this clause—
Maximum penalty—20 penalty units.
A person who fails to comply with section 44(2) of the 1998 Act is guilty of an offence.
Maximum penalty—20 penalty units.
If an injury is a loss, or further loss, of hearing that is of such a nature as to be caused by a gradual process (including boilermaker’s deafness and any deafness of a similar origin)—
(a) notice of injury is to be given by the worker under section 61 of the 1998 Act—
(i) if the worker is employed by an employer in an employment to the nature of which the injury is due to that employer, or
(ii) if the worker is not so employed, to the last employer by whom the worker was employed in an employment to the nature of which the injury is due, and
(b) the notice must be in writing and be in the approved form.
Any forms issued by insurers and self-insurers for the giving of notice by workers of an injury referred to in subclause (1) must also contain such information (if any) as the Authority may from time to time approve and notify to insurers and self-insurers.
A notice under section 78 of the 1998 Act of an insurer’s decision to dispute liability in respect of a claim or any aspect of a claim (except in connection with a work injury damages matter), or to discontinue or reduce the amount of weekly payments of compensation, is to contain the following information—
(a) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation, and by the employer in connection with the claim,
(b) a statement identifying all the reports of the type to which clause 41 applies that are relevant to the decision, whether or not the reports support the reasons for the decision,
(c) a statement advising that a copy of a report required to be provided by the insurer under clause 41(3) (except as provided by clause 41(5) or (6)) accompanies the notice,
(d) details of the procedure for requesting a review of the decision,
(e) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner, from the Independent Review Officer or from any other relevant service established by the Authority,
(f) the contact details for the Independent Review Officer,
(g) the street address and the email address of the President,
(h) a summary, in the approved form, of the effect of the decision, the worker’s rights of review, the procedure for requesting a review and the legal and other services that may be available to the worker to provide advice or assistance in relation to the dispute.
If the notice relates to a decision to discontinue weekly payments of compensation, the insurer must give a copy of the summary referred to in subclause (1)(h) to any current employer of the worker who is liable to pay the compensation (except in circumstances where the compensation is paid by the insurer).
A notice under section 78 of the 1998 Act of an insurer’s decision to dispute liability in a work injury damages matter is to contain the following information—
(a) a statement to the effect that, before a claimant can commence court proceedings, the claimant must firstly serve a pre-filing statement (in accordance with section 315 of the 1998 Act) on the defendant and secondly refer the claim to the Commission for mediation (in accordance with section 318A of the 1998 Act),
(b) a statement to the effect that the claimant is not entitled to raise matters in court proceedings that are materially different from those contained in the pre-filing statement, except with the leave of the court,
(c) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,
(d) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner or from any relevant service established by the Authority,
(e) the street address and the email address of the President or the Principal Registrar (within the meaning of the District Court Act 1973) of the District Court.
A notice under section 74 of the 1998 Act of an insurer’s decision to dispute liability in a coal miner matter is to contain the following information—
(a) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,
(b) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner or from any relevant service established by the Authority,
(c) a statement to the effect that the worker can refer the dispute for determination by the District Court,
(d) if the insurer has referred or proposes to refer the dispute for determination by the District Court, a statement to that effect specifying the date of referral or proposed referral,
(e) a statement to the effect that the matters that may be referred to the District Court are limited to matters notified in the notice, in a notice after a further review in correspondence prior to any such referral concerning an offer of settlement or in a request for a further review, except with the leave of the District Court,
(f) the street address and the email address of the Principal Registrar (within the meaning of the District Court Act 1973) of the District Court.
The repeal of section 74 of the 1998 Act by the Workers Compensation Legislation Amendment Act 2018 does not apply to coal miners. See clause 5 of Part 19L of Schedule 6 to the 1987 Act.
For the purposes of section 231(1) of the 1998 Act—
(a) a summary of the requirements of that Act with regard to the giving of notice of injuries and the making of claims is to be in the approved form, and
(b) other information required to be posted up in accordance with that section is the other information contained in the approved form.
An approved form that ceases to be an approved form (as a result of the amendment or substitution of an approved form) continues to be an approved form for the purposes of a notice posted up under section 231 of the 1998 Act that was in that form immediately before it ceased to be an approved form, but only until the earlier of—
(a) the renewal or replacement of the notice, or
(b) 12 months after the form ceases to be an approved form.
The register of injuries required to be kept under section 256 of the 1998 Act may be kept in written or electronic form.
The register of injuries may be kept in electronic form only if the employer provides education, training and facilities to ensure that workers are able to access the register.
The particulars to be entered in the register of injuries are the following—
(a) the name of the injured worker,
(b) the worker’s address,
(c) the worker’s age at the time of injury,
(d) the worker’s occupation at the time of injury,
(e) the industry in which the worker was engaged at the time of injury,
(f) the time and date (or deemed date) of injury,
(g) the nature of the injury,
(h) the cause of the injury.
This clause applies to the following types of reports that an employer or insurer has in the employer’s or insurer’s possession—
(a) medical reports, including medical reports provided pursuant to section 119 (Medical examination of workers at direction of employer) of the 1998 Act,
(b) certificates of capacity,
(c) clinical notes,
(d) investigators’ reports,
(e) workplace rehabilitation providers’ reports,
(f) health service providers’ reports,
(g) reports obtained by or provided to an employer or insurer that contain information relevant to the claim on which a decision to dispute liability is made.
This clause applies to the following decisions of an employer or insurer relating to an injured worker—
(a) a decision to dispute liability in respect of a claim, or any aspect of a claim (in circumstances requiring the insurer to give the worker a notice under Division 3 of Part 2 of Chapter 4 of the 1998 Act),
(b) a decision to discontinue payment, or to reduce the amount of weekly benefits (in circumstances requiring the insurer to give the worker a notice under Division 3 of Part 2 of Chapter 4 of the 1998 Act),
(c) a decision on the review under section 287A of the 1998 Act of a decision described in paragraph (a) or (b) that confirms the original decision.
For the purposes of sections 73(1) and 126(2) of the 1998 Act, if an employer or insurer makes a decision to which this clause applies, the employer or insurer must provide a copy of any relevant report to which this clause applies to the worker, as an attachment to a notice under Division 3 of Part 2 of Chapter 4 of the 1998 Act or section 287A of the 1998 Act, as the case may be, except where the report has already been supplied to the worker and that report is identified in a statement under clause 38(1)(d).
The obligation in this clause to provide a copy of a report applies to any report that is relevant to the claim or any aspect of the claim to which the decision relates, whether or not the report supports the reasons for the decision.
If the employer or insurer is of the opinion that supplying a worker with a copy of a report would pose a serious threat to the life or health of the worker or any other person, the employer or insurer may instead supply the report—
(a) in the case of a medical report, certificate of capacity or clinical notes—to a medical practitioner nominated by the worker for that purpose, or
(b) in any other case—to a law practice representing the worker.
If, on the application of an employer or insurer, the Authority is satisfied that supplying the worker with a copy of the report would pose a serious threat to the life or health of the worker or any other person and that supplying the report as provided by this clause would not be appropriate, the Authority may—
(a) direct that the report be supplied to such other persons as the Authority considers appropriate, or
(b) make such other directions as the Authority thinks fit.
For the purposes of section 297(3)(e) of the 1998 Act, it is not to be presumed that an interim payment direction for weekly payments of compensation is warranted in circumstances where the insurer has given the worker notice under section 78 of the 1998 Act (Insurer to give notice of decisions).
A request under section 287A of the 1998 Act for a review of a decision of an insurer must be in writing.
The insurer must consider any relevant material submitted by the worker in connection with the request.
The request must not be dealt with by any person substantially involved in making the decision the subject of the request.
A notice under section 287A of the 1998 Act of an insurer’s decision on a review is to—
(a) be in writing, and
(b) contain the information referred to in clause 38(1), and
(c) contain a concise and readily understandable statement of the reason for the insurer’s decision and of the issues relevant to the decision, and
(d) identify any provision of the workers compensation legislation on which the insurer relies in making the decision.
In this Part—
In any proceedings on a claim or a work injury damages threshold dispute in relation to an injured worker, only one forensic medical report may be admitted on behalf of a party to proceedings.
A report referred to in subclause (1) must be from a specialist medical practitioner with qualifications relevant to the treatment of the injured worker’s injury.
Where the injury has involved treatment by more than one specialist medical practitioner, with different qualifications, then an additional forensic medical report may be admitted from a medical practitioner with qualifications in that specialty.
In this clause—
(a) means a report from a specialist medical practitioner who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of the claim or dispute, and
(b) includes a medical report provided by a specialist medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act, and
(c) does not include a report from a specialist medical practitioner who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of another claim or dispute.
Despite clauses 44 and 46, a medical report other than the original report (
(a) it has the purpose of clarifying the original report, for example, where it can be shown that there has been some omission in relation to the material originally provided that could lead to an opinion in the original report being expressed on the basis of inaccurate or incomplete information and it does not go outside the parameters of the original report, but merely confirms, modifies or retracts an opinion expressed in the original report, or
(b) it has the purpose of updating the original report by confirming, modifying or retracting an opinion expressed in the original report, or
(c) it has the purpose of addressing issues omitted from the original report, or
(d) it has the purpose of addressing an opinion in the other party’s medical report.
A supplementary report can be provided as an addendum to the original report and in any such case the original report together with that addendum constitute the report referred to in clauses 44 and 46.
A supplementary report must have been provided by the medical practitioner who provided the original report except when the medical practitioner has ceased (permanently or temporarily) to practise in the specialty concerned, in which case the supplementary report must be provided by another medical practitioner of the same specialty.
A forensic medical report must be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute if any of the following occurs—
(a) the report was admitted in proceedings on the claim or dispute,
(b) no decision has been made as to whether or not the report is to be admitted, and—
(i) the report was the report nominated by the claimant or respondent as the report that the claimant or respondent concerned would introduce into evidence in proceedings on the claim, or
(ii) the report was the sole report in the particular specialty concerned that was lodged in relation to the claim by the claimant or respondent, as the case may be,
(c) the medical assessor calls for the production of the report under section 324(1)(b) of the 1998 Act.
A forensic medical report is not to be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute otherwise than in accordance with this clause.
Nothing in this clause permits more than one forensic medical report of the type referred to in clause 44 to be disclosed to a medical assessor on behalf of a party to proceedings.
In this clause—
(a) means a report from a specialist who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of a claim or dispute, and
(b) includes a medical report provided by a medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act.
A party to proceedings on a claim is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless—
(a) the report has been admitted into those proceedings on behalf of the party, or
(b) the report has been disclosed to a medical assessor.
A party to a claim where no proceedings have been taken is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless the report has been served on another party, and—
(a) the report would be admissible in proceedings on behalf of the party, or
(b) the report could be disclosed to a medical assessor.
In this clause—
(a) a reference to a claim includes a reference to an initial notification of injury (as defined in Part 3 of Chapter 7 of the 1998 Act), and
(b) a reference to proceedings on a claim includes a reference to proceedings in respect of the payment of provisional weekly payments of compensation under the 1998 Act.
This Part does not affect any entitlement of an injured worker to be paid for or recover the cost of obtaining medical treatment.
This Part does not apply in respect of a medical report provided by a medical assessor under Part 7 of Chapter 7 of the 1998 Act in respect of the assessment of a new claim within the meaning of that Chapter.
The amount of $175 is prescribed as the administration fee payable under section 155AA(5) of the 1987 Act.
The Nominal Insurer may serve a notice in writing on an employer to whom section 155AA(5) of the 1987 Act applies notifying the employer that the administration fee referred to in that subsection is due and payable.
The administration fee referred to in subclause (2) must be paid by the employer within one month of the service of the notice.
A late payment fee calculated at the prescribed rate (within the meaning of section 172 of the 1987 Act) applicable to a policy of insurance issued or renewed on the date that notice was served is payable if an administration fee is not paid within the one month period referred to in subclause (3).
The Authority may waive payment (either in full or in part) of an administration fee or late payment fee payable under section 155AA of the 1987 Act.
The Nominal Insurer is to pay any administration fees and late payment fees it has received under section 155AA of the 1987 Act into the Insurance Fund. Administration fees paid into the Insurance Fund are to be treated as premiums payable under policies of insurance.
For the purposes of section 159 of the 1987 Act, a policy of insurance—
(a) must contain the provisions specified in Schedule 3, and
(b) may contain any other provisions, but only if those provisions have been agreed on by the insurer and employer concerned and approved by the Authority.
A weekly compensation claim made in respect of a worker who receives an injury in the circumstances referred to in section 11 (Recess claims) of the 1987 Act is prescribed for the purposes of section 160(8)(b) of the 1987 Act.
Exempt employer policies (within the meaning of section 155AA of the 1987 Act) are exempt from section 160 of the 1987 Act.
An employer who requests an insurer to provide a certificate of currency with respect to a policy of insurance must provide the insurer with a statement in an approved form that contains a reasonable estimate of the wages that will be payable during the current period of insurance to workers employed by the employer.
An insurer may refuse to issue the requested certificate of currency until the employer complies with this clause.
For the purposes of the definition of
Any work carried out before 1 July 2004 under a contract for the carrying out of work on a farm on which a farmer engages in a farming operation is exempt from the operation of section 175B of the 1987 Act if the farmer is the principal contractor and the work is an aspect of the work of the farming operation (and is not an aspect of the work of any other business undertaking of the farmer).
In this clause—
For the purposes of section 175D(2)(c)(ii) of the 1987 Act, the amount of $750,000 is prescribed in relation to a policy of insurance issued at or after 4 pm on 30 June 2014.
The following employers are excluded from the operation of Division 2A (Grouping of employers for insurance purposes) of Part 7 of the 1987 Act—
(a) an employer who is insured with a specialised insurer,
(b) an employer who is insured where the policy of insurance relates only to private household domestic workers.
When one or more subsidiaries of the holder of a licence as a self-insurer under the 1987 Act is endorsed on the licence, each of those endorsed subsidiaries and the licence holder are
The holder of a licence as a group self-insurer may for the purposes of this Part, by notice in writing to the Authority from time to time, designate any one or more of the group self-insurers covered by the licence as
Except where otherwise expressly provided, this Part provides for the modification of provisions of Chapter 3 of the 1998 Act in their application to the following self-insurers—
(a) a self-insurer who is a Government employer covered for the time being by the Government’s managed fund scheme,
(b) a group self-insurer for whom there is a designated insurer.
Sections 43, 44, 45, 47 and 52 of the 1998 Act are to be read as if—
(a) a reference to
insurer were, in the case of a self-insurer who is a Government employer covered for the time being by the Government’s managed fund scheme, a reference to the Self Insurance Corporation, and(b) a reference to
insurer were, in the case of a self-insurer for whom there is a designated insurer, a reference to that designated insurer, and(c) the Self Insurance Corporation were the insurer of each employer who is a Government employer covered for the time being by the Government’s managed fund scheme, and
(d) the designated insurer for a group self-insurer were the insurer of the group self-insurer.
A reference in sections 50 and 58 of the 1998 Act to
(a) to the Self Insurance Corporation, when the insurer is a Government employer covered for the time being by the Government’s managed fund scheme, and
(b) when the insurer is a group self-insurer for whom there is a designated insurer, to that designated insurer.
The following modifications are to be made to the 1998 Act—
(a) section 43(3)—omit “This subsection does not apply to a self-insurer.”,
(b) section 43(4)—omit “(except when the insurer is a self-insurer)”,
(c) section 43(5)—omit “This subsection does not apply when the employer is a self-insurer.”,
(d) omit section 44(4),
(e) section 45(2)—omit “(except when the insurer is a self-insurer)”,
(f) section 45(5)—omit “This subsection does not apply when the insurer is a self-insurer.”,
(g) omit section 46(3).
Section 45(1) of the 1998 Act is replaced with the following subsection—
When it appears that a workplace injury is a significant injury, an injury management plan must be established for the injured worker by—
(a) if the self-insurer who is or may be liable to pay compensation to the injured worker is a Government employer covered for the time being by the Government’s managed fund scheme—the Self Insurance Corporation, or
(b) if the insurer who is or may be liable to pay compensation to the injured worker is a group self-insurer for whom there is a designated insurer—that designated insurer.
A reference in section 55 of the 1998 Act to
It is a condition of a licence as a self-insurer that the holder of the licence must ensure that any subsidiary of the holder endorsed on the licence complies with the subsidiary’s obligations under Chapter 3 of the 1998 Act.
In this Part—
For the purposes of the contribution payable by an insurer under section 39 of the 1998 Act for a financial year,
For the 2017–2018 financial year and each subsequent financial year, the prescribed circumstances referred to in the definition of
For the purposes of clause 17 of Schedule 1 to the 1998 Act, it is declared that the class of persons specified in the Table to Schedule 4 are ministers of religion of the religious body or organisation specified, and are employees of the person specified in that Table.
See also clause 18 of Schedule 1 to the 1998 Act which provides that if a policy of insurance covers a minister of religion, the minister of religion is taken to be a worker and the person insured under the policy is taken to be the minister’s employer.
Expressions used in this Part have the same meanings as in Division 7 of Part 7 of the 1987 Act.
For the purposes of section 228(1) of the 1987 Act, the financial year commencing 1 July 1989 and any subsequent financial year are prescribed.
The contribution payable by an insurer under section 228 of the 1987 Act in respect of any financial year is payable—
(a) except as provided by paragraph (b), in quarterly instalments (each being equal to one-fourth of the contribution payable) due on the last day of each quarter of the financial year, or
(b) in such other instalments and within such other time as may be determined by the Authority and specified in a notice to the insurer.
If the Authority has determined an amount under section 228(1) of the 1987 Act in respect of a financial year, it may subsequently determine under that provision a further amount to be contributed to the Guarantee Fund in respect of that year, being an amount that it considers is necessary—
(a) to satisfy, during that financial year, claims, judgments and awards arising from or relating to policies of insurance issued by insolvent insurers, and
(b) to provide for the payment of any other amounts to be paid under Division 7 of Part 7 of the 1987 Act from the Guarantee Fund during that financial year.
Section 228 of the 1987 Act applies to and in respect of the payment of any such further contribution.
For the purpose of determining the amount of any contribution (or further contribution) to the Guarantee Fund, the Authority is entitled to rely on an estimate determined by it of the amount required to be contributed by insurers to the Workers Compensation Operational Fund.
If the Authority determines that any change in that estimate is appropriate, it is to re-determine the contributions (or further contributions) of insurers to the Guarantee Fund, and the relevant amounts become payable by, or repayable to, insurers.
For the purposes of section 246 of the 1998 Act—
(a) each of the following offences is declared to be a penalty notice offence—
(i) an offence created by a provision of the 1987 Act specified in Column 1 of Part 1 of Schedule 5,
(ii) an offence created by a provision of the 1998 Act specified in Column 1 of Part 2 of Schedule 5,
(iii) an offence created by a provision of this Regulation specified in Column 1 of Part 3 of Schedule 5, and
(b) the prescribed penalty for such an offence is the amount specified opposite it in Column 2 of Schedule 5, and
(c) the following persons are declared to be authorised officers—
(i) each inspector appointed under the Work Health and Safety Act 2011,
(ii) each member of staff of the Authority authorised by the Authority for the purposes of section 238 of the 1998 Act.
Expressions used in this Part have the same meaning as in Division 8 of Part 2 of Chapter 4 of the 1998 Act.
Each of the following activities is considered to constitute acting as agent for a person in relation to a claim—
(a) advising the person with respect to the making of a claim,
(b) assisting the person to complete or prepare, or completing or preparing on behalf of the person, any form, correspondence or other document concerning a claim,
(c) making arrangements for any test or medical examination to determine the person’s entitlement to compensation,
(d) arranging referral of the person to a lawyer for the performance of legal work in connection with a claim.
A reference to a claim includes a reference to a prospective claim (whether or not the claim is ever actually made).
In this Part—
(a) publish in a newspaper, magazine, journal, periodical, directory or other printed publication, or
(b) disseminate by means of the exhibition or broadcast of a photograph, slide, film, video recording, audio recording or other recording of images or sound, either as a public exhibition or broadcast or as an exhibition or broadcast to persons attending a place for the purpose of receiving professional advice, treatment or assistance, or
(c) broadcast by radio or television, or
(d) display on an Internet website or otherwise publicly disseminate by means of the Internet, or
(e) publicly exhibit in, on, over or under any building, vehicle or place or in the air in view of persons in or on any street or public place, or
(f) display on any document (including a business card or letterhead) gratuitously sent or gratuitously delivered to any person or thrown or left on any premises or on any vehicle, or
The amendments made by Schedule 2 to the 2012 amending Act extend to a claim for compensation made before 19 June 2012, but not to a claim that specifically sought compensation under section 66 or 67 of the 1987 Act.
Clause 15 of Part 19H of Schedule 6 to the 1987 Act is to be read subject to subclause (1).
A further lump sum compensation claim may be made in respect of an existing impairment.
Only one further lump sum compensation claim can be made in respect of the existing impairment.
Despite section 66(1) of the 1987 Act, the degree of permanent impairment in respect of which the further lump sum compensation claim is made is not required to be greater than 10%.
For the purposes of subclauses (1) and (2)—
(a) a further lump sum compensation claim made, and not withdrawn or otherwise finally dealt with, before the commencement of subclause (1) is to continue and be dealt with as if section 66(1A) of the 1987 Act had never been enacted, and
(b) no regard is to be had to any further lump sum compensation claim made in respect of the existing impairment—
(i) that was withdrawn or otherwise finally dealt with before the commencement of subclause (1), and
(ii) in respect of which no compensation has been paid, and
(c) section 322A of the 1998 Act does not operate to prevent an assessment being made under section 322 of that Act for the purposes of a further lump sum compensation claim.
The following provisions are to be read subject to this clause—
(a) section 66 of, and clause 15 of Part 19H of Schedule 6 to, the 1987 Act,
(b) section 322A of the 1998 Act,
(c) clauses 10 and 19 of this Schedule.
In this clause—
Part 3 of Chapter 3 of the 1998 Act applies only in relation to a contravention of Chapter 3 of the 1998 Act that occurs after the commencement of that Part.
The fact that a worker’s injury was received before the commencement of the 2001 lump sum compensation amendments does not prevent the degree of permanent impairment of the injured worker from being assessed for the purpose of determining whether the worker is a worker with highest needs under Division 2 of Part 3 of the 1987 Act.
In this clause, the
Parts 2 and 3 of Schedule 6 (Maximum costs—compensation matters) to the Workers Compensation Regulation 2010 as in force immediately before the substitution of those Parts by the Workers Compensation Amendment (Transitional) Regulation 2012 continue to apply in respect of legal services provided before 1 October 2012.
The amount of weekly payment of compensation payable under Division 2 of Part 3 of the 1987 Act in respect of any period of incapacity that resulted from an injury received before the commencement of that Division is to be determined as if the weekly payments amendments had not been made.
Section 38(3)(a) of the 1987 Act does not apply in respect of a claim for compensation made before 1 October 2012 if the second entitlement period for the claim expires before, or less than 1 month after, the weekly payments amendments first apply in respect of the claim.
Section 38(3)(a) requires a worker to apply before the end of the second entitlement period for the continuation of weekly payments after the second entitlement period. Subclause (1) removes the need for such an application if the second entitlement period ends less than 1 month before section 38(3)(a) would become applicable to the claim.
Section 38(3)(a) of the 1987 Act does not apply in respect of a worker who is an existing recipient of weekly payments if—
(a) the second entitlement period for the claim expires less than 1 month after the insurer notifies the worker (as required by the WorkCover Guidelines) of the requirement under section 38 of the 1987 Act that the worker must apply to the insurer in writing before the end of the second entitlement period for continuation of weekly payments after the second entitlement period, or
(b) the insurer fails to notify the worker of that requirement as required by the WorkCover Guidelines.
A worker who, by virtue of subclause (1) or (2), is not required to apply before the end of the second entitlement period for continuation of weekly payments after the second entitlement period is, within 18 months of being assessed as having current work capacity, required to apply to the insurer in writing (in the form approved by the Authority) for continuation of weekly payments in order for the worker to continue to be entitled to weekly payments compensation.
On and from 1 September 2015, the weekly payments amendments apply to the compensation payable under Division 2 of Part 3 of the 1987 Act (in respect of any period of incapacity occurring on and after that date) to an existing recipient of weekly payments in respect of whom a work capacity assessment has not been conducted before that date.
For the purposes of the application under this clause of the weekly payments amendments to an existing recipient of weekly payments who is in receipt of weekly payments of compensation immediately before 1 September 2015, the worker is taken (until a work capacity assessment is conducted in respect of the worker) to have been assessed by the insurer as having no current work capacity.
Section 69A of the 1987 Act (as in force before its repeal by the 2012 amending Act) continues to apply, despite its repeal, to a claim for compensation made on or after 19 June 2012 for loss of hearing resulting from an injury received before 1 January 2002.
In the application of section 66(1A) of the 1987 Act to a claim resulting from an injury received before 1 January 2002—
(a) a reference in that subsection to permanent impairment compensation is taken to be a reference to lump sum compensation payable under Division 4 of Part 3 of the 1987 Act (as in force immediately before 1 January 2002), and
(b) a reference in that subsection to permanent impairment is taken to be a reference to an injury of a kind to which any such lump sum compensation applies.
Section 66(1A) of the 1987 Act is deemed to be amended to the extent necessary to give effect to this clause.
An existing recipient of weekly payments who has an entitlement arising under clause 9(2) or 11 of Part 19H of Schedule 6 to the 1987 Act ceases to have that entitlement if, at any time after the commencement of the weekly payments amendments—
(a) the worker ceases to be entitled to weekly payments of compensation, or
(b) the worker no longer meets the criteria to be paid weekly payments of compensation under the provisions of Division 2 of Part 3 of the 1987 Act (as in force immediately before the commencement of the weekly payments amendments) in respect of which weekly payments of compensation were paid to the worker.
On the expiration of a period of 3 months after an insurer makes a work capacity decision arising from the first work capacity assessment (as required by Division 2 of Part 19H of Schedule 6 to the 1987 Act) of an existing recipient of weekly payments, the weekly payments amendments apply to the compensation payable under Division 2 of Part 3 of the 1987 Act to the worker in respect of any period of incapacity after the expiration of that period.
Clause 9(1) of Part 19H of Schedule 6 to the 1987 Act provides that the weekly payments amendments apply to an existing recipient of weekly payments 3 months after an insurer first conducts a work capacity assessment of the worker. Subclause (1) provides instead for the amendments to apply to such a worker 3 months after the insurer makes a work capacity decision in respect of the worker.
However, if, in the case of an existing recipient of weekly payments, the worker returns to work before the expiration of the 3-month period referred to in subclause (1), the weekly payments amendments apply, as from the date on which the worker returns to work, to the compensation payable under Division 2 of Part 3 of the 1987 Act to the worker in respect of any period of incapacity after that return to work.
An insurer must, for the purposes of Division 2 of Part 19H of Schedule 6 to the 1987 Act, make a work capacity decision in respect of an existing recipient of weekly payments as soon as practicable after the first work capacity assessment of the worker is conducted by the insurer as required by that Division.
An existing recipient of weekly payments who reaches the retiring age (within the meaning of section 52 of the 1987 Act) on or after 1 October 2012 but before 1 January 2013 is, subject to meeting the requirements under Subdivision 2 of Division 2 of Part 3 of the 1987 Act, entitled to 12 months’ weekly payments from the date on which the person reaches that age.
In this Part—
Words and expressions used in this Part have the same meaning as in Part 19H of Schedule 6 to the 1987 Act.
The provisions of Part 19H of Schedule 6 to the 1987 Act and Part 1 of this Schedule are deemed to be amended to the extent necessary to give effect to this Part.
This Part remakes Part 2 of Schedule 8 to the Workers Compensation Regulation 2010 which took effect on 1 October 2012.
The amendment made to section 52 of the 1987 Act by the 2012 amending Act does not apply in respect of an existing claim.
An existing claim is exempt from the operation of section 59A (Limit on payment of compensation) of the 1987 Act in respect of the following compensation until the injured worker reaches retiring age—
(a) compensation payable to an injured worker under Division 3 of Part 3 of the 1987 Act if the worker’s injury has resulted in permanent impairment of greater than 20%,
(b) compensation payable in respect of the provision of crutches, artificial members, eyes or teeth and other artificial aids or spectacles (including hearing aids and hearing aid batteries),
(c) compensation payable in respect of the modification of a worker’s home or vehicle.
A worker’s injury is considered to have resulted in permanent impairment of greater than 20% only if the injury has resulted in permanent impairment and—
(a) the degree of permanent impairment has been assessed for the purposes of Division 4 of Part 3 of the 1987 Act to be greater than 20%, or
(b) an assessment of the degree of permanent impairment is pending and has not been made because an approved medical specialist has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or
Note— Paragraph (b) no longer applies once the degree of permanent impairment has been assessed.
(c) the insurer is satisfied that the degree of permanent impairment is likely to be greater than 20%.
In this clause—
An existing claim is exempt from the operation of section 59A (Limit on payment of compensation) of the 1987 Act in respect of compensation for the cost of secondary surgery.
Surgery is
(a) the surgery is directly consequential on earlier surgery and affects a part of the body affected by the earlier surgery, and
(b) the surgery is approved by the insurer within 2 years after the earlier surgery was approved (or is approved later than that pursuant to the determination of a dispute that arose within those 2 years).
This clause does not affect the requirements of section 60 of the 1987 Act (including, for example, the requirement for the prior approval of the insurer for secondary surgery).
This clause only creates an exception from section 59A of the 1987 Act in respect of compensation for secondary surgery that would have been payable (had it not been for section 59A) as part of the original claim for compensation. It does not relate to surgery for an injury that gives rise to a separate claim for compensation.
Words and expressions used in this Part have the same meaning as in Part 19H of Schedule 6 to the 1987 Act.
The following provisions are deemed to be amended to the extent necessary to give effect to this Part—
(a) section 39 of the 1987 Act,
(b) Part 19H of Schedule 6 to the 1987 Act,
(c) section 322A of the 1998 Act.
This Part takes effect on and from 1 October 2012.
This Part applies to an injured worker who is an existing recipient of weekly payments.
Section 39 of the 1987 Act (as substituted by the 2012 amending Act) does not apply to an injured worker if the worker’s injury has resulted in permanent impairment and—
(a) an assessment of the degree of permanent impairment for the purposes of the Workers Compensation Acts is pending and has not been made because an approved medical specialist has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or
(b) the insurer is satisfied that the degree of permanent impairment is likely to be more than 20% (whether or not the degree of permanent impairment has previously been assessed).
This clause applies to an injured worker if the degree of permanent impairment resulting from the worker’s injury is or has been assessed for the purposes of the Workers Compensation Acts.
Section 322A of the 1998 Act does not operate to prevent a further assessment being made of the degree of permanent impairment resulting from the worker’s injury for the purposes of Part 3 of the 1987 Act.
However, only one further assessment may be made of the degree of permanent impairment resulting from the worker’s injury.
Consequent on the amendment made to section 52 of the 1987 Act by the 2015 amending Act, certain workers who were injured before reaching the retiring age (and who reached the retiring age during the period commencing on 1 October 2012 and ending on 15 October 2015) may be eligible for weekly payments of compensation after the day on which they reached the retiring age. As a result of this extension of eligibility for weekly payments of compensation, the period during which certain workers are eligible for compensation for medical and related expenses may also be extended. See section 59A of the 1987 Act for the effect of weekly payments of compensation on eligibility for compensation for medical and related expenses.
In this Part—
A worker is a
(a) the worker received an injury before reaching the retiring age, and
(b) the worker reached the retiring age during the transition period, and
(c) weekly payments of compensation are payable to the worker under Division 2 of Part 3 of the 1987 Act, as amended by the 2015 amending Act, in respect of any period of incapacity occurring during the retirement period.
Words and expressions used in this Part have the same meaning as in Part 19I of Schedule 6 to the 1987 Act.
The provisions of the 1987 Act, including Part 19I of Schedule 6 to that Act, are deemed to be amended to the extent necessary to give effect to this Part.
Section 59A of the 1987 Act (as substituted by the 2015 amending Act) extends to the compensation payable to any injured worker in respect of any period before 4 December 2015 but not before 17 September 2012.
The following provisions of the 1987 Act do not apply with respect to any exempt medical treatment—
(a) section 60(2A)(a),
(b) sections 61(2), 62(1) and 63A(2).
However, subclause (1) does not affect the operation of section 60A of the 1987 Act.
In this clause—
(a) to a retiring-age worker by reason of the amendment made to section 52 of the 1987 Act by the 2015 amending Act, or
(b) to any injured worker by reason of the substitution of section 59A of the 1987 Act by the 2015 amending Act.
A certificate of capacity provided under section 44B of the 1987 Act may relate to a period that is more than 90 days before the certificate is provided if—
(a) the worker to whom the certificate relates is a retiring-age worker, and
(b) the period to which the certificate relates occurred wholly during the retirement period.
The amendments made to section 66 of the 1987 Act by the 2015 amending Act extend to an injury received by a worker on or after 5 August 2015.
A worker to whom paragraph (b) of the definition of
The section 38 amendments do not apply to the determination of the compensation payable in respect of any period of incapacity occurring before 17 September 2012.
The requirement under section 38(3A) of the 1987 Act that any application for continuation of weekly payments after the second entitlement period must be made no earlier than 52 weeks before the end of the second entitlement period does not apply in respect of a worker to whom compensation has become payable by reason of the section 38 amendments (and clause 9(1) of Part 19I of Schedule 6 to the 1987 Act in its application to those amendments) in respect of any period of incapacity occurring before 4 December 2015.
A worker to whom subclause (2) and section 38(3A) of the 1987 Act applies must apply to the insurer in writing (in the form approved by the Authority) to be entitled to compensation under section 38 of that Act.
A certificate of capacity provided under section 44B of the 1987 Act may relate to a period that is more than 90 days before the certificate is provided if—
(a) compensation has become payable to the worker to whom the certificate relates by reason of the section 38 amendments (and clause 9(1) of Part 19I of Schedule 6 to the 1987 Act in its application to those amendments), and
(b) the period to which the certificate relates occurred wholly during the period commencing on 17 September 2012 and ending on 3 December 2015 (inclusive).
In this clause—
Section 38A of the 1987 Act does not apply to the determination of the compensation payable in respect of any period of incapacity occurring before 17 September 2012.
Section 38A of the 1987 Act does not apply to a worker whose pre-injury average weekly earnings have been deemed to be equal to the transitional amount for the purposes of the application under clause 9 or 10 of Part 19H of Schedule 6 to the 1987 Act of the weekly payments amendments (within the meaning of that Part) to the worker.
Section 64C of the 1987 Act (as inserted by the 2015 amending Act) does not apply to education or training provided before the commencement of that section.
This Part ceases to have effect on the commencement of the amendments made to the 1987 Act by the Statute Law (Miscellaneous Provisions) Act (No 2) 2019.
To the extent that clause 3 of Part 19I of Schedule 6 to the 1987 Act applies in respect of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, that clause does not apply to the amendment made by the 2015 amending Act to section 25 of the 1987 Act (or to clause 5 of that Part in its application to that amendment).
The effect of this subclause is that a reference in the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 to section 25 of the 1987 Act is (in respect of deaths occurring on or after 5 August 2015) a reference to that provision as amended by the 2015 amending Act.
The provisions of Part 19I of Schedule 6 to the 1987 Act are deemed to be amended to the extent necessary to give effect to this clause.
In this clause,
Clause 15 of Part 19I of Schedule 6 to the 1987 Act does not apply, and is taken never to have applied, to the amendments made by Schedule 1 to the Workers Compensation Amendment Act 2015 to sections 25 and 26 of the 1987 Act.
The effect of this subclause is that sections 25 and 26 of the 1987 Act, as amended by Schedule 1 to the Workers Compensation Amendment Act 2015, apply in respect of deaths of coal miners occurring on or after 5 August 2015.
The provisions of Part 19I of Schedule 6 to the 1987 Act are deemed to have been amended as necessary to give effect to this clause.
Any amendment (other than this clause) made by the Workers Compensation Amendment (Premiums) Regulation 2016 that applies in relation to insurance premiums orders in force immediately before the commencement of the amendment does not apply in relation to any insurance premiums orders referred to in clause 2(1) of Part 19J of Schedule 6 to the 1987 Act.
Any act, matter or thing that, immediately before the repeal of the Workers Compensation Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
Without limiting subclause (1), clauses 6–10, 46(1)(g) and (i) and 180, and Part 5, of the Workers Compensation Regulation 2010, as in force immediately before the repeal of that Regulation, continue to apply to or in respect of claims to which Division 2 of Part 3 of the 1987 Act continues to apply as if that Division had not been amended by the Workers Compensation Legislation Amendment Act 2012 (by virtue of clause 4, 6, 25 or 26 of Part 19H of Schedule 6 to the 1987 Act).
Clauses 4, 6, 25 and 26 of Part 19H of Schedule 6 to the 1987 Act provide, among other things, that certain amendments made to Division 2 of Part 3 of the 1987 Act by the Workers Compensation Legislation Amendment Act 2012 do not apply to certain injured workers. Accordingly, the relevant clauses of the Workers Compensation Regulation 2010continue to have effect with respect to those injured workers.
The substitution of Division 6 of Part 18 by the Workers Compensation Amendment (Premiums, Large Claim Limits and Policy Cancellation) Regulation 2017 does not affect the payment of premiums by an employer who had elected to pay the premiums under a policy of insurance by instalments for the financial year ending on 30 June 2017.
For the purposes of paragraph (b) of the definition of
Table
Column 1 | Column 2 |
Adjustment date | Latest index number |
1 April 1988 | 229.3 |
1 October 1988 | 234.2 |
1 April 1989 | 240.1 |
1 October 1989 | 248.8 |
1 April 1990 | 254.1 |
1 April 1998 | 146.4 |
1 October 1998 | 149.0 |
1 April 1999 | 151.6 |
1 October 1999 | 154.1 |
1 April 2000 | 156.6 |
1 October 2000 | 158.3 |
1 April 2001 | 161.9 |
1 October 2001 | 164.7 |
1 April 2002 | 167.6 |
1 October 2002 | 170.0 |
1 April 2003 | 172.9 |
1 October 2003 | 176.4 |
1 April 2004 | 179.6 |
1 October 2004 | 182.9 |
1 April 2005 | 185.8 |
1 October 2005 | 189.6 |
1 April 2006 | 193.5 |
1 October 2006 | 197.1 |
1 April 2007 | 200.9 |
1 October 2007 | 204.5 |
1 April 2008 | 208.5 |
1 October 2008 | 212.1 |
1 April 2009 | 216.4 |
1 October 2009 | 220.3 |
1 April 2010 | 224.5 |
1 October 2010 | 227.5 |
1 April 2011 | 232.1 |
1 October 2011 | 236.1 |
1 April 2012 | 240.5 |
1 October 2012 | 244.4 |
1 April 2013 | 249.0 |
1 October 2013 | 251.7 |
1 April 2014 | 254.9 |
1 October 2014 | 258.2 |
1 April 2015 | 261.5 |
1 October 2015 | 263.7 |
1 April 2016 | 267.2 |
1 October 2016 | 269.2 |
1 April 2017 | 272.7 |
1 October 2017 | 274.9 |
1 April 2018 | 278.4 |
1 October 2018 | 280.6 |
Workers Compensation Regulation 2016 (559). LW 26.8.2016. Date of commencement, 1.9.2016, cl 2. This Regulation has been amended as follows—
(602) | Workers Compensation Amendment (Latest Index Number) Regulation (No 2) 2016. LW 30.9.2016. Date of commencement, 1.10.2016, cl 2. | |
(669) | Workers Compensation Amendment (Death Benefits) Regulation 2016. LW 11.11.2016. Date of commencement, on publication on LW, cl 2. | |
(780) | Workers Compensation Amendment (Legal Costs) Regulation 2016. LW 16.12.2016. Date of commencement, on publication on LW, cl 2. | |
(781) | Workers Compensation Amendment (Transitional Arrangements for Weekly Payments) Regulation 2016. LW 16.12.2016. Date of commencement, on publication on LW, cl 2. | |
(67) | Workers Compensation Amendment (Latest Index Number) Regulation 2017. LW 10.3.2017. Date of commencement, 1.4.2017, cl 2. | |
(319) | Workers Compensation Amendment (Premiums, Large Claim Limits and Policy Cancellation) Regulation 2017. LW 30.6.2017. Date of commencement, 30.6.2017, cl 2. | |
(506) | Workers Compensation Amendment (Latest Index Number) Regulation (No 2) 2017. LW 15.9.2017. Date of commencement, 1.10.2017, cl 2. | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.36, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
(90) | Workers Compensation Amendment (Latest Index Number) Regulation 2018. LW 16.3.2018. Date of commencement, 1.4.2018, cl 2. | |
(524) | Workers Compensation Amendment (Latest Index Number) Regulation (No 2) 2018. LW 7.9.2018. Date of commencement, 1.10.2018, cl 2. | |
No 62 | Workers Compensation Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Sch 1.3 [1]–[4]: not in force; date of commencement of Sch 1.3 [5]–[8], 1.1.2019, sec 2 (1) and 2018 (728) LW 14.12.2018; date of commencement of Sch 5, 1.12.2018, sec 2 (2). | |
No 93 | Workers Compensation Legislation Amendment (Firefighters) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, 7.12.2018, sec 2 (1) and 2018 (701) LW 7.12.2018. | |
(729) | Workers Compensation Amendment Regulation 2018. LW 14.12.2018. Date of commencement of Sch 1, 1.1.2019, cl 2. | |
(455) | Workers Compensation Amendment (Pre-injury Average Weekly Earnings) Regulation 2019. LW 13.9.2019. Date of commencement, 21.10.2019, cl 2. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.28, 14 days after assent, sec 2(1). | |
(616) | Workers Compensation Amendment (Minimum Pre-injury Average Weekly Earnings) Regulation 2019. LW 13.12.2019. Date of commencement, on publication on LW, cl 2. | |
(154) | Workers Compensation Amendment (COVID-19) Regulation 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(428) | Workers Compensation Amendment (Consequential COVID-19 Matters) Regulation 2020. LW 24.7.2020. Date of commencement, on publication on LW, cl 2. | |
(625) | Workers Compensation Amendment (COVID-19 Weekly Payment Compensation) Regulation 2020. LW 23.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(744) | Motor Accidents and Workers Compensation Legislation Amendment Regulation 2020. LW 18.12.2020. Date of commencement, 1.3.2021, cl 2. | |
(173) | Workers Compensation Amendment (Certificates of Capacity) Regulation 2021. LW 9.4.2021. Date of commencement, on publication on LW, cl 2. | |
(128) | Workers Compensation Amendment (Certificates of Capacity) Regulation 2022. LW 1.4.2022. Date of commencement, 8.4.2022, sec 2. | |
(820) | Workers Compensation Amendment Regulation 2022. LW 16.12.2022. Date of commencement, 16.12.2022, sec 2. | |
(111) | Workers Compensation Amendment (Penalty Notice Offences) Regulation 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(314) | Workers Compensation Amendment (Information Disclosure) Regulation 2024. LW 24.7.2024. Date of commencement, on publication on LW, sec 2. |
Cl 5 | Am 2020 (428), Sch 1[1] [2]. |
Cl 5A | Ins 2018 No 93, Sch 3. |
Cll 5B–5D | Ins 2020 (428), Sch 1[3]. |
Part 3, heading | Subst 2019 (455), Sch 1[1]. |
Cl 6AA | Ins 2019 (455), Sch 1[1]. |
Part 4, heading | Subst 2019 (455), Sch 1[2]. |
Part 4 | Subst 2019 (455), Sch 1[2]. |
Part 4, Div 1 | Ins 2019 (455), Sch 1[2]. |
Cl 8 | Am 2016 (602), cl 3; 2017 (67), cl 3; 2017 (506), cl 3; 2018 (90), cl 3; 2018 (524), cl 3. Renumbered as Sch 8, cl 41, 2018 No 62, Sch 5.2 [1]. Ins 2019 (455), Sch 1[2]. Subst 2019 (616), cl 3(1). |
Cll 8AA, 8AB | Ins 2019 (616), cl 3(1). |
Part 4, Div 2 | Ins 2019 (455), Sch 1[2]. |
Cl 8A | Ins 2019 (455), Sch 1[2]. Am 2020 (625), Sch 1[1]. |
Cll 8B–8E | Ins 2019 (455), Sch 1[2]. |
Cl 8EA | Ins 2020 (625), Sch 1[2]. |
Part 4, Div 3 (cll 8F, 8G) | Ins 2019 (455), Sch 1[2]. |
Part 4, Div 4 | Ins 2019 (455), Sch 1[2]. |
Cl 8H | Ins 2019 (455), Sch 1[2]. |
Cl 8I | Ins 2019 (455), Sch 1[2]. Am 2019 (616), cl 3(2); 2020 (154), Sch 1[1]. |
Cl 8J | Ins 2019 (455), Sch 1[2]. |
Cl 8K | Ins 2019 (455), Sch 1[2]. Am 2020 (744), Sch 3[1] [2]. |
Cll 8L, 8M | Ins 2019 (455), Sch 1[2]. |
Part 4, Div 5 (cl 8N) | Ins 2019 (455), Sch 1[2]. |
Cl 16A | Ins 2018 (729), Sch 1 [1]. |
Cl 17 | Am 2018 (729), Sch 1 [2]. |
Cl 18 | Am 2018 (729), Sch 1 [3]. |
Cl 38 | Subst 2018 (729), Sch 1 [4]. Am 2020 (744), Sch 3[3]. |
Cl 38A | Ins 2018 (729), Sch 1 [4]. Am 2020 (744), Sch 3[3]. |
Cl 38B | Ins 2018 (729), Sch 1 [4]. |
Cl 41 | Am 2018 No 62, Sch 1.3 [5]. |
Cl 42 | Am 2018 No 62, Sch 1.3 [6]. |
Cll 42A, 42B | Ins 2018 (729), Sch 1 [5]. |
Cl 43 | Am 2020 (744), Sch 3[4]. |
Cl 46 | Am 2020 (744), Sch 3[5]–[7]. |
Cll 47, 49 | Am 2020 (744), Sch 3[6]. |
Cl 64 | Subst 2017 (319), Sch 1 [1]. |
Cl 88 | Am 2020 (744), Sch 3[8]. |
Cl 92 | Am 2020 (744), Sch 3[8] [9]. |
Cl 97 | Am 2020 (744), Sch 3[9] [10]. |
Part 17, Div 3A (cll 99A, 99B) | Ins 2016 (780), Sch 1 [1]. Rep 2018 (729), Sch 1 [6]. |
Cll 101–103 | Am 2020 (744), Sch 3[8]. |
Cl 104 | Am 2020 (744), Sch 3[8] [11]. |
Cl 105 | Am 2020 (744), Sch 3[8] [12]. |
Cl 106 | Am 2020 (744), Sch 3[13]. |
Cll 107–109 | Rep 2020 (744), Sch 3[14]. |
Cl 110 | Am 2020 (744), Sch 3[15]. |
Cl 111 | Am 2020 (744), Sch 3[13] [16]. |
Cll 112–115 | Am 2020 (744), Sch 3[13]. |
Cl 116 | Am 2020 (744), Sch 3[13] [16]. |
Cl 117 | Am 2020 (744), Sch 3[13] [17]. |
Cl 118 | Am 2020 (744), Sch 3[13]. |
Cl 120 | Am 2020 (744), Sch 3[13] [16]. |
Cl 121 | Am 2020 (744), Sch 3[13] [16] [18]. |
Cl 122 | Am 2020 (744), Sch 3[13] [19]. |
Cl 123 | Rep 2020 (744), Sch 3[14]. |
Cl 124 | Am 2020 (744), Sch 3[18]. |
Part 17, Div 4, Subdiv 5 (cll 125, 126) | Subst 2020 (744), Sch 3[20]. |
Cl 127 | Am 2020 (744), Sch 3[13]. |
Cl 128 | Am 2020 (744), Sch 3[13] [21]. |
Cl 129 | Am 2016 (780), Sch 1 [2]; 2018 (729), Sch 1 [7]. |
Cl 133 | Am 2020 (744), Sch 3[13]. |
Cl 145 | Am 2017 (319), Sch 1 [2] [3]. |
Part 18, Div 6 | Subst 2017 (319), Sch 1 [4]. |
Cl 152 | Subst 2017 (319), Sch 1 [4]. |
Cll 153–161 | Rep 2017 (319), Sch 1 [4]. |
Cl 164 | Am 2017 No 50, Sch 5.36 [1] [2]. |
Cl 165 | Am 2022 (820), Sch 1[1] [2]. |
Cl 165A | Ins 2024 (314), Sch 1. |
Cl 169 | Rep 2020 (744), Sch 3[14]. |
Cl 170 | Am 2020 (744), Sch 3[15]. |
Cl 174 | Am 2022 (820), Sch 1[3]. |
Cl 175 | Ins 2020 (154), Sch 1[2]. Am 2021 (173), cl 3; 2022 (128), sec 3. |
Cl 176 | Ins 2022 (820), Sch 1[4]. |
Cl 177 | Ins 2022 (820), Sch 1[5]. |
Sch 2, heading | Am 2020 (428), Sch 1[4]. |
Sch 2 | Am 2020 (428), Sch 1[5]–[7]. |
Sch 3 | Am 2017 (319), Sch 1 [5]. |
Sch 5 | Am 2018 No 62, Sch 1.3 [7] [8]; 2022 (820), Sch 1[6]. Subst 2023 (111), Sch 1. |
Sch 6 | Am 2018 (729), Sch 1 [8] [9]; 2020 (625), Sch 1[3]–[6]; 2020 No 30, Sch 4.121; 2020 (744), Sch 3[22]–[34]. |
Sch 7 | Am 2020 (744), Sch 3[35]. |
Sch 8 | Am 2016 (669), cl 3; 2016 (781), Sch 1; 2017 (319), Sch 1 [6]; 2018 No 62, Sch 5.2 [1] [2]; 2019 No 14, Sch 1.28. |
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0
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