Workers' Compensation Regulations (Amendment) (ACT)

Workers’ Compensation Regulations1 (Amendment)

Subordinate Law No. 39 of 19972

The Australian Capital Territory Executive makes the following Regulations under the Workers’ Compensation Act 1951.

Dated 16 December 1997.

trevor kaine

Minister

bill stefaniak

Minister

Commencement

1.  These Regulations commence on the day on which they are notified in the Gazette.

Principal Regulations

2.  In these Regulations, “Principal Regulations” means the Workers’ Compensation Regulations.

Insertion

3.  After regulation 13 of the Principal Regulations the following regulations are inserted:

Costs of conveyance

“14.  (1)  For the purposes of paragraph 11 (3A) (b) of the Act, the cost of conveyance of a worker to and from any place for the purposes of undergoing medical treatment shall be ascertained as follows:

(a)where an injured worker is, by reason of his or her injury, so incapacitated as to be unable to be conveyed in a motor vehicle, other than an ambulance—the actual cost of conveyance;

(b)where an injured worker is able to be and is conveyed in a private motor vehicle (whether by himself or herself or another person)—38 cents per kilometre;

(c)where an injured worker is able to be conveyed in a private motor vehicle or by public transport—

(i)but —

(A)he or she is prohibited by law from conveying himself or herself in the vehicle; and

(B)no other person is available to convey the worker in a private motor vehicle; or

(ii)but no private motor vehicle is available;

and the worker is conveyed by public transport—the actual cost of conveyance;

(d)where an injured worker is able to be conveyed in a private motor vehicle or by public transport but—

(i)no private motor vehicle is available; or

(ii)it is inappropriate or unreasonable in the circumstances to use public transport;

and the worker is conveyed by taxi—the actual cost of conveyance;

(e)where a private motor vehicle, public transport or taxi is not reasonably available or appropriate in the circumstances—the reasonable cost of conveyance.

“(2)  An amount prescribed by this regulation shall be adjusted in accordance with the Index number as varied from time to time.

Costs of accommodation and meals

“15.  (1)  For the purpose of paragraph 11 (3A) (c) of the Act, the cost of accommodation (including the cost of meals) for a worker shall be ascertained in accordance with the following table:

Accommodation	Cost
Adelaide Bathurst Brisbane Canberra Darwin Hobart Melbourne Newcastle Perth Sydney Wollongong Any other city or town	$ 75.00 65.00 103.00 73.00 95.00 70.00 102.00 65.00 98.00 113.00 65.00 52.00
Meals	Cost
Breakfast Lunch Dinner	$ 10.00 11.00 21.00

“(2)  A worker is not entitled to payment for a meal unless the meal is consumed while the worker—

(a)is travelling to or from medical treatment for which compensation is payable under section 11 of the Act;

(b)is at a place for the purpose of receiving such medical treatment; or

(c)is staying at accommodation for which compensation is payable under that section.

“(3)  An amount prescribed by this regulation shall be adjusted in accordance with the Index number as varied from time to time.

Prescribed offences and fines

“16.  (1)  For the purposes of Part VIB of the Act, a prescribed offence is an offence against a provision of the Act referred to in column 1 of Schedule 3.

“(2)  For the purposes of paragraph (a) of the definition of ‘on-the-spot fine’ in section 26G of the Act, the prescribed fine in relation to an offence prescribed by subregulation (1) is the fine specified in column 2 of the item that relates to that offence.”.

Schedule 2

4.  Schedule 2 to the Principal Regulations is amended by omitting item 1 and substituting the following item:

1. Anthrax ......................................... Employment in connection with (a)   animals infected with anthrax; (b)  animal carcasses or parts of such carcasses; (c)   wool, hair, bristles, hides or skins; or (d)  loading, unloading or transport of animals, animal carcasses or parts of such carcasses, wool, hair, bristles, hides or skins

Addition

5.  The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 3  Regulation 16

On-the-spot fines

Item	Column 1 Offence	Column 2 Fine—penalty units
1	Subsection 15D (2)	2
2	Subsection 15D (3)	1
3	Subsection 15E (2)	1
4	Subsection 17B (1)	10

NOTES

Principal Regulations

1. Reprinted as at 31 January 1992.

Notification

1. Notified in the ACT Gazette on 17 December 1997.

©  Australian Capital Territory 1997