Workplace Injury Management and Workers Compensation Act 1998 (NSW)

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An Act to provide for the effective management of work-related injuries and injury compensation for workers in respect of such injuries; and for other purposes.

Chapter 1Preliminary1Name of Act

This Act is the Workplace Injury Management and Workers Compensation Act 1998.

2Commencement

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

3System objectives

The purpose of this Act is to establish a workplace injury management and workers compensation system with the following objectives—

  • (a)

    to assist in securing the health, safety and welfare of workers and in particular preventing work-related injury,

  • (b)

    to provide—

    • prompt treatment of injuries, and

    • effective and proactive management of injuries, and

    • necessary medical and vocational rehabilitation following injuries,

    in order to assist injured workers and to promote their return to work as soon as possible,

  • (c)

    to provide injured workers and their dependants with income support during incapacity, payment for permanent impairment or death, and payment for reasonable treatment and other related expenses,

  • (d)

    to be fair, affordable, and financially viable,

  • (e)

    to ensure contributions by employers are commensurate with the risks faced, taking into account strategies and performance in injury prevention, injury management, and return to work,

  • (f)

    to deliver the above objectives efficiently and effectively.

4Definitions

(cf 1987 s 3; 1989 s 3)

(1)

In this Act—

Authority means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015.

claim means a claim for compensation or work injury damages that a person has made or is entitled to make.

claimant means a person who makes or is entitled to make a claim.

coal miner matter means any matter arising under the Workers Compensation Acts concerning a claim in respect of a worker employed in or about a mine.

Commission means the Personal Injury Commission of New South Wales established by the Personal Injury Commission Act 2020.

Commission rules has the same meaning as in the Personal Injury Commission Act 2020.

compensation means compensation under the Workers Compensation Acts, and includes any monetary benefit under those Acts.

Compensation Court means the Compensation Court of New South Wales constituted under the Compensation Court Act 1984.

current work capacity—see Schedule 3 to the 1987 Act.

death benefit compensation means compensation under Division 1 (Compensation payable on death) of Part 3 of the 1987 Act.

dependants of a worker means such of the members of the worker’s family as were wholly or in part dependent for support on the worker at the time of the worker’s death, or would but for the incapacity due to the injury have been so dependent, and includes—

  • (a)

    a person so dependent to whom the worker stands in the place of a parent or a person so dependent who stands in the place of a parent to the worker, and

  • (b)

    a divorced spouse of the worker so dependent, and

  • (c)

    a person so dependent who—

    • (i)

      in relation to an injury received before the commencement of Schedule 7 to the Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998—although not legally married to the worker, lived with the worker as the worker’s husband or wife on a permanent and genuine domestic basis, or

    • (ii)

      in relation to an injury received after that commencement—is the de facto partner of the worker.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

Deputy President means a Deputy President of the Commission.

doctor means a medical practitioner.

dust disease has the same meaning as it has in the Workers’ Compensation (Dust Diseases) Act 1942.

employer includes—

  • (a)

    the legal personal representative of a deceased employer, or

  • (b)

    a government employer, or

  • (c)

    a former employer.

Without limiting the meaning of the expression, an employer can be an individual, a corporation, a firm, an unincorporated body of persons, a government agency or the Crown.

exercise a function includes perform a duty.

existing claim has the same meaning as in Chapter 7 (New claims procedures).

existing claim matter has the same meaning as in Chapter 7 (New claims procedures).

financial year means a year commencing 1 July.

former 1926 Act means the Workers’ Compensation Act 1926.

former licensed insurer means a person (not being a licensed insurer) who—

  • (a)

    was previously a licensed insurer under this Act, the 1987 Act or section 27 of the former 1926 Act, and

  • (b)

    continues to have liabilities under policies of insurance previously issued or renewed by the person.

function includes a power, authority or duty.

government agency means any department, person or body exercising executive or administrative functions on behalf of the Government.

government employer means the Crown or any government agency, and includes—

  • (a)

    a public health organisation within the meaning of the Health Services Act 1997, and

  • (a1)

    a person exercising employer functions for the Crown or a government agency in relation to a worker, and

    Example—

    The Government Sector Employment Act 2013, sections 26 and 31 provide for Secretaries of Departments and certain other heads of Public Service agencies to exercise the employer functions of the Government of New South Wales.

  • (b)

    an employer prescribed by the regulations.

government worker means a worker whose employer is a government employer.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

ICNSW means Insurance and Care NSW constituted under the State Insurance and Care Governance Act 2015.

incapacity includes a disfigurement that is sufficient to affect the earning capacity of a worker or a worker’s opportunities for employment.

Independent Review Officer means the Independent Review Officer appointed under Schedule 5 to the Personal Injury Commission Act 2020.

injury

  • (a)

    means a personal injury arising out of or in the course of employment, and

  • (b)

    includes—

    • (i)

      a disease contracted by a worker in the course of employment, where the employment was a contributing factor to the disease, or

    • (ii)

      the aggravation, acceleration, exacerbation or deterioration of any disease, where the employment was a contributing factor to the aggravation, acceleration, exacerbation or deterioration, but

  • (c)

    does not include (except in the case of a worker employed in or about a mine)—

    • (i)

      a dust disease, or

    • (ii)

      the aggravation, acceleration, exacerbation or deterioration of a dust disease.

insurance includes indemnity.

lump sum compensation means compensation under Division 4 (Compensation for non-economic loss) of Part 3 of the 1987 Act.

mandatory notification requirement—see section 40D.

mediator means a person appointed as a mediator for the purposes of this Act under the Personal Injury Commission Act 2020.

medical assessment means assessment of a medical dispute by a medical assessor under Part 7 of Chapter 7.

medical assessor means a person appointed under the Personal Injury Commission Act 2020 as a medical assessor for the purposes of this Act.

medical certificate means a certificate given by a medical practitioner.

medical dispute has the meaning given by section 319.

medical expenses compensation means compensation under Division 3 (Compensation for medical, hospital and rehabilitation expenses etc) of Part 3 of the 1987 Act.

member of a family means spouse (including wife or husband), father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister.

motor accident damages means damages to which Part 6 of the Motor Accidents Act 1988, Chapter 5 of the Motor Accidents Compensation Act 1999 or Part 4 of the Motor Accident Injuries Act 2017 applies.

new claim has the same meaning as in Chapter 7 (New claims procedures).

new claim matter has the same meaning as in Chapter 7 (New claims procedures).

no current work capacity—see Schedule 3 to the 1987 Act.

non-presidential member means a member of the Commission other than a presidential member.

pain and suffering compensation means compensation for pain and suffering under section 67 of the 1987 Act.

permanent impairment compensation means compensation for permanent impairment under section 66 of the 1987 Act.

policy of insurance means a policy of insurance that an employer obtains under the 1987 Act or the former 1926 Act.

premium income

  • (a)

    in relation to contributions payable under this Act or the 1987 Act by an insurer (other than a specialised insurer) in respect of a financial year—means the amount the insurer receives during that financial year as premiums in respect of policies of insurance issued or renewed by the insurer (whether the policies are issued or renewed during that financial year or during a previous financial year), or

  • (b)

    in relation to contributions payable under this Act or the 1987 Act by a specialised insurer in respect of a financial year—means the amount the insurer receives, whether during or after that financial year, as premiums in respect of policies of insurance issued or renewed by the insurer during that financial year,

and, in relation to contributions payable by any insurer, includes any amount comprising or attributable to GST and any amount prescribed by the regulations as included for the purposes of this definition in relation to that financial year, but does not include any amount prescribed by the regulations as excluded for the purposes of this definition in relation to that financial year.

President means the President of the Commission.

presidential member has the same meaning as in the Personal Injury Commission Act 2020.

principal registrar means the principal registrar of the Commission.

records includes books, accounts, minutes, registers, deeds, documents and any other sources of information compiled, recorded or stored in written form, on microfilm, by electronic process or in any other manner.

related body corporate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.

SafeWork NSW means SafeWork NSW as referred to in clause 1 of Schedule 2 to the Work Health and Safety Act 2011.

Self Insurance Corporation means the NSW Self Insurance Corporation constituted by the NSW Self Insurance Corporation Act 2004.

spouse of a person means—

  • (a)

    in relation to an injury received before the commencement of Schedule 7 to the Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998—a person to whom the person is legally married (including a husband or wife), or

  • (b)

    in relation to an injury received after that commencement—

    • (i)

      a person to whom the person is legally married (including a husband or wife), or

    • (ii)

      a de facto partner of the person.

suitable employment—see section 32A of the 1987 Act.

the 1987 Act means the Workers Compensation Act 1987.

training contract has the meaning it has in the Apprenticeship and Traineeship Act 2001.

Note—

A training contract is a contract entered into for the purpose of establishing an apprenticeship or traineeship.

weekly payment, in relation to compensation, means a weekly payment of compensation under Division 2 of Part 3 of the 1987 Act in respect of a period of total or partial incapacity for work.

work capacity decision—see section 43 of the 1987 Act.

work health and safety legislation means—

  • (a)

    the Work Health and Safety Act 2011 and the instruments under that Act, or

  • (b)

    any other Act or instrument (or part) prescribed by the regulations under this Act.

work injury means an injury in respect of which compensation is payable.

work injury damages has the same meaning as in Chapter 7 (New claims procedures).

Workers Compensation Guidelines means guidelines issued under section 376.

Workers Compensation Operational Fund means the Workers Compensation Operational Fund established under this Act.

worker means a person who has entered into or works under a contract of service or a training contract with an employer (whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, and whether the contract is oral or in writing). However, it does not include—

  • (a)

    a member of the NSW Police Force who is a contributor to the Police Superannuation Fund under the Police Regulation (Superannuation) Act 1906, or

  • (b)

    a person whose employment is casual (that is for 1 period only of not more than 5 working days) and who is employed otherwise than for the purposes of the employer’s trade or business, or

  • (c)

    an officer of a religious or other voluntary association who is employed upon duties for the association outside the officer’s ordinary working hours, so far as the employment on those duties is concerned, if the officer’s remuneration from the association does not exceed $700 per year, or

  • (d)

    except as provided by Schedule 1, a registered participant of a sporting organisation (within the meaning of the Sporting Injuries Insurance Act 1978) while—

    • (i)

      participating in an authorised activity (within the meaning of that Act) of that organisation, or

    • (ii)

      engaged in training or preparing himself or herself with a view to so participating, or

    • (iii)

      engaged on any daily or periodic journey or other journey in connection with the registered participant so participating or the registered participant being so engaged,

    if, under the contract pursuant to which the registered participant does any of the things referred to above in this paragraph, the registered participant is not entitled to remuneration other than for the doing of those things.

Workers Compensation Acts means this Act and the 1987 Act.

workers compensation legislation means—

  • (a)

    this Act and the instruments under this Act, or

  • (b)

    the 1987 Act and the instruments under that Act, or

  • (c)

    the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 and the instruments under that Act, or

  • (d)

    the Workers’ Compensation (Dust Diseases) Act 1942 and the instruments under that Act, or

  • (e)

    any other Act or instrument (or part) prescribed by the regulations.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

A reference in this Act to a worker who has been injured includes, if the worker is dead, a reference to the worker’s legal personal representative, or the worker’s dependants, or any other person to whom or for whose benefit compensation is payable.

(3)

Notes in the text of this Act do not form part of this Act.

(4)

(Repealed)

(5)

The following provisions have effect for the purposes of this section—

  • (a)

    Persons are related if—

    • (i)

      one is the parent, or another ancestor, of the other, or

    • (ii)

      one is the child, or another descendant, of the other, or

    • (iii)

      they have a parent in common.

  • (b)

    For the purposes of paragraph (a)—

    • (i)

      a person is taken to be an ancestor or descendant of another person even if the relationship between them is traced through, or to, a person who is or was an adopted child, and

    • (ii)

      the relationship of parent and child between an adoptive parent and an adopted child is taken to continue even though the order by which the adoption was effected has been annulled, cancelled or discharged or the adoption has otherwise ceased to be effective, and

    • (iii)

      the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, is taken to be or to have been the natural relationship of child and parent, and

    • (iv)

      a person who has been adopted more than once is taken to be the child of each person by whom he or she has been adopted.

  • (c)

    In paragraph (b), adopted means adopted under the law of any place, whether in Australia or not, relating to the adoption of children.

(5A)

Subsection (5) applies in relation to a child whose parentage is transferred as a result of a parentage order, or an Interstate parentage order, within the meaning of the Surrogacy Act 2010 in the same way as it applies in relation to an adopted child. For that purpose, a reference in that subsection to an adoptive parent is to be read as a reference to a person to whom the parentage of a child is transferred under such a parentage order.

(6)

A reference to a mine in the definitions of coal miner matter and injury is a reference to a mine within the meaning of the Coal Mines Regulation Act 1982 as in force immediately before its repeal by the Coal Mine Health and Safety Act 2002, but does not include a reference to any place that, in accordance with section 10 (2) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013, is a place to which that Act does not apply.

Note—

Section 2A of the 1987 Act provides that the 1987 Act is to be construed with, and as if it formed part of, this Act. Accordingly, a reference in this Act to this Act generally includes a reference to the 1987 Act.

s 4: Am 1998 No 130, Sch 7 [1]–[3]; 1999 No 24, Sch 1 [1]; 2000 No 40, Sch 2.11; 2000 No 44, Sch 12.3 [1] [2]; 2000 No 46, Sch 1 [1]; 2000 No 53, Sch 1.33 [1]; 2000 No 87, Schs 1.1 [1]–[3], 20.2 [1]; 2001 No 34, Sch 4.75 [1]; 2001 No 61, Schs 4.2 [1] [2], 6.2 [1]; 2001 No 94, Schs 1.2 [1], 5.2 [1] [2], 6.2 [1]–[4]; 2002 No 23, Sch 1.15 [1]; 2002 No 124, Sch 3.2; 2002 No 129, Sch 2.20 [1]–[3] (subst 2004 No 74, Sch 3 [67]); 2003 No 81, Sch 3.4 [1]; 2003 No 97, Sch 2 [1] [2]; 2004 No 56, Sch 2 [1]; 2004 No 106, Sch 2.8 [1] [2]; 2004 No 111, Sch 5 [1] [2]; 2009 No 96, Sch 30 [1]; 2010 No 19, Sch 3.128 [1]–[5]; 2010 No 102, Sch 2.9; 2011 No 62, Sch 3.43 [1]; 2011 No 67, Sch 4.31 [1]–[3]; 2012 No 53, Sch 10.1 [1]; 2012 No 54, Sch 3.8 [1] [2]; 2013 No 54, Sch 3.17; 2014 No 33, Sch 3.35 [1]; 2015 No 19, Sch 6 [1]–[5]; 2015 No 43, Sch 4.15; 2017 No 10, Sch 5.15 [1]; 2018 No 28, Sch 1.44 [1]–[3]; 2018 No 62, Schs 1.2 [1], 3.2, 4 [1]; 2020 No 18, Sch 6.11 [1]–[9]; 2021 No 32, Sch 1.21[1].

5Deemed employment of workers

(cf 1987 s 5)

Schedule 1 has effect.

6Application of Act in certain respects

(cf 1987 s 3 (3), (4), (5))

(1)

For the purposes of this Act, the exercise of the functions of a public or local authority is taken to be its trade or business.

(2)

For the purposes of this Act, the operations of a racing or recreation club are taken to be its trade or business.

(3)

For the purposes of this Act, the Crown is taken to be the employer of members of the NSW Police Force.

Note—

Members of the NSW Police Force who are contributors to the Police Superannuation Fund under the Police Regulation (Superannuation) Act 1906 are not workers within the meaning of this Act. That fund was closed to new members on and from 1 April 1988. Accordingly members of the NSW Police Force who are not contributors to that fund are workers within the meaning of this Act.

s 6: Am 2011 No 62, Sch 3.43 [1] [2].

7Act binds Crown

(cf 1987 s 6)

(1)

This Act binds the Crown in right of New South Wales and also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(2)

(Repealed)

s 7: Am 2000 No 87, Sch 19.1.

8Certain Acts not affected

(cf 1987 s 7)

Nothing in this Act affects the operation of the following Acts—

  • Workers’ Compensation (Dust Diseases) Act 1942,

  • Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987.

9

(Repealed)

s 9: Rep 2001 No 94, Sch 6.2 [5].

9AApplication of Act in respect of coal industry(1)

The workers compensation company (within the meaning of the Coal Industry Act 2001) is taken to be a licensed insurer that is a specialised insurer under, and for the purposes of, this Act.

(2)

However, the following provisions of this Act do not apply to or in respect of the workers compensation company—

  • (a)

    sections 146 and 146A,

  • (b)

    Parts 3, 4, 5, 6, 7, 8 and 9 of Chapter 5.

(3)

For avoidance of doubt—

  • (a)

    an employee of an employer in the coal industry is not eligible to make a claim under Part 9 of Chapter 5, and

  • (b)

    a person who is taken, under Schedule 1, to be a worker employed by another person is not entitled to make a claim referred to in paragraph (a) if the other person by whom the person is taken to be employed is engaged in the coal industry.

(4)

The workers compensation company is taken to be the insurer under this Act of all employers in the coal industry (whether or not any such employer maintains a policy of insurance with that company).

(5)

In this section—

employer in the coal industry has the same meaning as in the Coal Industry Act 2001.

s 9A: Ins 2001 No 107, Sch 7.13 [1]. Am 2018 No 19, Sch 2.2.

Chapter 2AdministrationPart 110–13

(Repealed)

ch 2, pt 1 (ss 10–13): Rep 2000 No 87, Sch 1.1 [4].

Part 2General workers compensation functions

ch 2, pt 2, hdg: Am 2015 No 19, Sch 6 [6].

ch 2, pt 2, div 1: Rep 2015 No 19, Sch 6 [7].

14–21

(Repealed)

s 14: Rep 2015 No 19, Sch 6 [7].

s 15: Am 2000 No 87, Sch 1.1 [5] [6]; 2001 No 94, Sch 10.2 [1] [2]; 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [3].

s 16: Rep 2009 No 96, Sch 30 [3].

s 17: Rep 2006 No 2, Sch 4.82 [1].

ch 2, pt 2, div 2: Rep 2015 No 19, Sch 6 [7].

s 18: Am 2009 No 96, Sch 30 [2]; 2012 No 54, Sch 3.8 [4]–[6]. Rep 2015 No 19, Sch 6 [7].

s 19: Am 2000 No 87, Sch 1.1 [7]. Rep 2012 No 54, Sch 3.8 [3].

s 19A: Ins 2004 No 56, Sch 2 [2]. Am 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [3].

s 20: Am 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [3].

s 21: Am 2009 No 96, Sch 30 [4]; 2012 No 54, Sch 3.8 [7]. Rep 2015 No 19, Sch 6 [7].

ch 2, pt 2, div 3, hdg: Rep 2015 No 19, Sch 6 [8].

22Objectives and general functions of Authority under workers compensation legislation(1)

The principal objectives of the Authority in exercising its functions under the workers compensation legislation are as follows—

  • (a)

    to promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces,

  • (b)

    to promote the prompt, efficient and effective management of injuries to persons at work,

  • (c)

    to ensure the efficient operation of workers compensation insurance arrangements,

  • (d)

    to ensure the timely and effective resolution of disputes arising under the workers compensation legislation,

  • (e)

    to ensure the appropriate co-ordination of arrangements for the administration of the schemes to which the workers compensation legislation relates.

(2)

The general functions of the Authority under the workers compensation legislation are as follows—

  • (a)

    to be responsible for ensuring compliance with the workers compensation legislation,

  • (b)

    to be responsible for the day to day operational matters relating to the workers compensation scheme,

  • (c)

    to establish procedures for dealing with complaints made by employers and by injured workers in relation to matters arising under the workers compensation scheme,

  • (d)

    to monitor and report to the Minister on the operation and effectiveness of the workers compensation legislation and on the performance of the workers compensation scheme,

  • (e)

    to undertake such consultation as it thinks fit in connection with current or proposed legislation relating to the workers compensation scheme,

  • (f)

    to monitor and review key indicators of financial viability and other aspects of the workers compensation scheme,

  • (g)

    to report and make recommendations to the Minister on such matters as the Minister requests or the Authority considers appropriate.

s 22: Am 2000 No 87, Sch 1.1 [8] [9]; 2006 No 2, Sch 4.82 [2]; 2011 No 67, Sch 4.31 [4]; 2012 No 54, Sch 3.8 [8]; 2014 No 33, Sch 3.35 [2]. Subst 2015 No 19, Sch 6 [9].

23Specific functions

(cf 1989 s 13)

(1)

The Authority has, in particular, the following functions—

  • (a)

    to initiate and encourage research to identify efficient and effective strategies for the prevention and management of work injury and for the rehabilitation of injured workers,

  • (b)

    to ensure the availability of high quality education and training in such prevention, management and rehabilitation,

  • (c)

    to develop equitable and effective programs to identify areas of unnecessarily high costs in or for schemes to which the workers compensation legislation relates,

  • (d)

    to foster a co-operative relationship between management and labour in relation to the health, safety and welfare of persons at work,

  • (e)

    (Repealed)

  • (f)

    to identify (and facilitate or promote the development of programs that minimise or remove) disincentives for injured workers to return to work or for employers to employ injured workers, or both,

  • (g)

    to assist in the provision of measures to deter and detect fraudulent workers compensation claims,

  • (h)

    to develop programs to meet the special needs of target groups, including—

    • workers who suffer severe injuries

    • injured workers who are unable to return to their pre-injury occupation

    • injured workers who are unemployed

    • persons who live in remote areas

    • women

    • persons of non-English speaking background

    • persons who have a disability,

  • (i)

    to facilitate and promote the establishment and operation of return-to-work programs,

  • (j)

    to investigate workplace accidents,

  • (j1)

    to enter into arrangements with SafeWork NSW for or in connection with the enforcement of the work health and safety legislation,

  • (k)

    to develop policies for injury management, worker rehabilitation, and assistance to injured workers,

  • (l)

    to monitor the operation of requirements and arrangements imposed or made by or under the workers compensation legislation, including requirements and arrangements for all or any of the following—

    • injury management

    • worker rehabilitation

    • workers compensation insurance

    • workers compensation insurer licensing,

    and to commence and conduct prosecutions for offences in connection with any such requirements and arrangements,

  • (m)

    to collect, analyse and publish data and statistics, as the Authority considers appropriate,

  • (n)

    to provide advisory services to workers, employers, insurers and the general community (including information in languages other than English),

  • (o)

    to provide funds for or in relation to—

    • measures for the prevention or minimisation of work injuries or diseases

    • work health and safety education,

  • (p)

    to arrange, or facilitate the provision of, interpreter services to assist injured workers,

  • (q)

    to provide and administer (subject to the regulations) a legal aid service for persons who are parties to proceedings relating to workers compensation.

  • (r)

    (Repealed)

(2)

(Repealed)

s 23: Am 2000 No 87, Schs 1.1 [10]–[18], 22.1 [1]; 2001 No 94, Sch 6.2 [6]; 2010 No 101, Sch 2 [1]; 2011 No 67, Sch 4.31 [5]–[7]; 2012 No 54, Sch 3.8 [9]; 2015 No 19, Sch 6 [10]–[12].

23A

(Repealed)

s 23A: Ins 2003 No 81, Sch 3.4 [2]. Rep 2015 No 19, Sch 6 [13].

Parts 3–524–33

(Repealed)

ch 2, pt 3, hdg: Am 2015 No 19, Sch 6 [14]. Rep 2020 No 18, Sch 6.11[10].

ch 2, pt 3: Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

ch 2, pt 3, div 1: Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

s 24: Am 2000 No 87, Sch 1.1 [19]. Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Am 2014 No 33, Sch 3.35 [3]; 2015 No 19, Sch 6 [4]. Rep 2020 No 18, Sch 6.11[10].

s 25: Am 2000 No 87, Sch 1.1 [20]. Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Am 2014 No 33, Sch 3.35 [4]. Rep 2020 No 18, Sch 6.11[10].

s 26: Am 2000 No 87, Sch 1.1 [21]. Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

ch 2, pt 3, div 2: Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

s 27: Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Am 2018 No 62, Sch 1.2 [2]. Rep 2020 No 18, Sch 6.11[10].

s 27A: Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

s 27B: Ins 2012 No 53, Sch 10.1 [2]. Am 2015 No 19, Sch 6 [15]; 2018 No 62, Sch 1.2 [3]. Rep 2020 No 18, Sch 6.11[10].

s 27C: Ins 2012 No 53, Sch 10.1 [2]. Am 2018 No 62, Sch 1.2 [4]. Rep 2020 No 18, Sch 6.11[10].

s 27D: Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

ch 2, pt 4, hdg: Subst 2000 No 87, Sch 1.1 [22]; 2011 No 67, Sch 4.31 [8].

ch 2, pt 4: Subst 2000 No 87, Sch 1.1 [22]. Rep 2012 No 54, Sch 3.8 [10].

s 28: Subst 2000 No 87, Sch 1.1 [22]. Am 2011 No 67, Sch 4.31 [9]. Rep 2012 No 54, Sch 3.8 [10].

s 29: Subst 2000 No 87, Sch 1.1 [22]. Am 2001 No 61, Sch 5.2 [1]; 2005 No 64, Sch 1.52 [2]; 2011 No 67, Sch 4.31 [10]. Rep 2012 No 54, Sch 3.8 [10].

s 30: Subst 2000 No 87, Sch 1.1 [22]. Am 2001 No 61, Sch 4.2 [3] [4]; 2010 No 119, Sch 3.13; 2011 No 67, Sch 4.31 [11]. Rep 2012 No 54, Sch 3.8 [10].

s 31: Rep 2000 No 87, Sch 1.1 [22].

ch 2, pt 5: Rep 2012 No 54, Sch 3.8 [10].

s 32: Am 2000 No 87, Sch 1.1 [23]; 2011 No 67, Sch 4.31 [12]. Rep 2012 No 54, Sch 3.8 [10].

s 33: Am 2000 No 87, Sch 1.1 [23]–[25]. Rep 2012 No 54, Sch 3.8 [10].

Part 6Financial provisionsDivision 1Workers Compensation Operational Fund

ch 2, pt 6, div 1, hdg: Am 2015 No 19, Sch 6 [16].

34Workers Compensation Operational Fund

(cf 1989 s 18)

The Authority is required to establish and maintain a Workers Compensation Operational Fund.

s 34: Am 2015 No 19, Sch 6 [17]; 2022 No 25, Sch 3.5.

35Payments into and from Fund

(cf 1989 s 19)

(1)

The following is to be paid into the Workers Compensation Operational Fund—

  • (a)

    money contributed by insurers, self-insurers and deemed insurers under Division 2,

  • (a1)

    money approved by the Minister to be paid into the Fund from the Insurance Fund under subsection (1A),

  • (a2)

    the investment earnings accruing from the investment of the Fund,

  • (b)

    money required to be paid into the Fund by or under this or any other Act,

  • (c)

    all other money received by the Authority and not otherwise appropriated.

(1A)

The Minister may approve the payment into the Fund of amounts from the Insurance Fund having regard to the estimates, provisions and determinations made by the Authority under section 38 and any need for additional funding to provide for the proper exercise of the Authority’s functions.

(2)

The following is to be paid from the Workers Compensation Operational Fund—

  • (a)

    the remuneration, allowances, office accommodation and other associated costs of the Board of the Authority and the members of staff of the Authority to the extent that those costs relate to the administration of this Act and the 1987 Act,

  • (b)

    the remuneration, allowances, office accommodation and other associated costs of SafeWork NSW,

  • (c)

    the remuneration of the Independent Review Officer and staff of the Independent Review Officer and costs incurred in connection with the exercise of the functions of the Independent Review Officer arising under the Workers Compensation Acts,

  • (d), (e)

    (Repealed)

  • (e1)

    the costs associated with the establishment and operation of the Workers Compensation Division of the Commission arising from the Workers Compensation Acts, including—

    • (i)

      the expenditure incurred by the Commission in providing medical assessments and reviews of medical assessments for the purposes of those Acts, and

    • (ii)

      the expenditure incurred by the Commission in providing services (including mediation services) in respect of claims for work injury damages,

  • (f)

    payments required to be made under section 35A (Residual and ongoing costs of Compensation Court jurisdiction),

  • (f1)

    fees the Authority is required to pay to the Civil and Administrative Tribunal for applications made under the State Insurance and Care Governance Act 2015, section 26F in connection with the provision of relevant services for the purposes of this Act,

  • (g)

    all payments required to meet expenditure incurred in relation to the functions of the Authority,

  • (h)

    all other money required by or under this or any other Act to be paid from the Fund.

(3)

The maximum amount payable from the Workers Compensation Operational Fund for the costs of operation of the Compensation Court is to be the amount determined by the Minister administering the Compensation Court Act 1984 after consultation with the Minister administering this Act.

(4)

The Authority may pay from the Fund into the Insurance Fund any amount by which the Authority determines the Fund to be in surplus from time to time. Any such surplus may be paid to the Insurance Fund by transfer of any investment held by the Fund (as an alternative to the payment of money).

s 35: Am 2000 No 87, Sch 1.1 [26]; 2001 No 61, Sch 4.2 [5]; 2001 No 94, Sch 6.2 [8]; 2002 No 23, Sch 1.15 [2]; 2004 No 56, Sch 2 [3]; 2008 No 42, Sch 1 [1]–[3]; 2009 No 96, Sch 30 [5]; 2012 No 53, Schs 9.2 [1], 10.1 [3]; 2012 No 54, Sch 3.8 [11] [12]; 2015 No 19, Sch 6 [17]–[20]; 2020 No 18, Sch 6.11[11] [12].

35ACertain ongoing costs of Compensation Court jurisdiction(1)

The following costs are payable from the Workers Compensation Operational Fund—

  • (a)

    the costs of operation of the Compensation Court (until the repeal of the Compensation Court Act 1984),

  • (b)

    such of the costs of operation of the District Court, incurred on or before 30 June 2005, relating to matters that would have been matters within the jurisdiction of the Compensation Court (had the repeal Act not been enacted) as the Ministers agree are to be paid from the Fund, and

  • (c)

    such of the ongoing costs of operation of the Compensation Court (those costs determined as if the repeal Act had not been enacted) as the Ministers agree are to be paid from the Fund, and

  • (d)

    such other costs resulting from the operation of the repeal Act as the Ministers agree are to be paid from the Fund.

(2)

The costs of operation of a court include—

  • (a)

    the remuneration (including allowances) of Judges of the court and of officers and employees of the public service employed in connection with the exercise of functions of the court, and

  • (b)

    costs associated with the employment and remuneration of those Judges and officers and employees and of retired Judges of the court (such as contributions for and payments of pensions and superannuation benefits), and

  • (c)

    court accommodation.

(3)

In this section—

repeal Act means the Compensation Court Repeal Act 2002.

the Ministers means the Minister administering the District Court Act 1973 and the Minister administering this Act.

s 35A: Ins 2002 No 23, Sch 1.15 [3]. Am 2005 No 64, Sch 1.52 [2]; 2015 No 19, Sch 6 [17].

36Investment

The Authority may invest money in the Workers Compensation Operational Fund that is not immediately required for the purposes of the Fund—

  • (a)

    if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or

  • (b)

    if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.

s 36: Am 2015 No 19, Sch 6 [21] [22]. Subst 2018 No 70, Sch 3.73.

Division 2Contributions to Workers Compensation Operational Fund

ch 2, pt 6, div 2, hdg: Am 2015 No 19, Sch 6 [16].

37Definitions

(cf 1987 s 258)

In this Division—

Comcare employer means an employer who—

  • (a)

    is licensed under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth after a declaration of eligibility under that Part made on the basis that the employer is a corporation carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority, and

  • (b)

    would otherwise be required—

    • (i)

      to obtain and maintain in force a policy of insurance pursuant to section 155 of the 1987 Act, or

    • (ii)

      to be licensed as a self-insurer.

deemed insurer means a corporation (other than a licensed insurer) that is a party to a claims transfer agreement under Division 6 (Transfer of claims) of Part 7 of the 1987 Act.

deemed premium income, in relation to the contribution payable by a self-insurer or Comcare employer under this Division for any period during a financial year, means the amount that the self-insurer or Comcare employer would have been liable to pay (in such circumstances as may be prescribed by the regulations) to a licensed insurer as premiums on policies of insurance that would otherwise be required under the 1987 Act during that period if the person were not a self-insurer or Comcare employer, and—

  • (a)

    includes any amount prescribed by the regulations for the purposes of this paragraph in relation to that financial year, and

  • (b)

    does not include any amount prescribed by the regulations for the purposes of this paragraph in relation to that financial year.

financial year, in relation to an insurer—

  • (a)

    includes the period after 4 pm on the day preceding the first day of the financial year, and

  • (b)

    does not include the period after 4 pm on the last day of the financial year.

insurer means a licensed insurer or a former licensed insurer who was previously a licensed insurer under this Act.

s 37: Am 2001 No 94, Sch 6.2 [9] [10]; 2006 No 25, Sch 2 [1] [2]; 2012 No 53, Sch 9.2 [2].

38Assessment by Authority of amount to be contributed to Fund

(cf 1987 s 260)

The Authority is required, as soon as practicable in respect of each financial year—

  • (a)

    to make an estimate of the total of the amounts already paid and the amounts to be paid from the Workers Compensation Operational Fund during that financial year, and

  • (b)

    to determine what amounts, if any, are to be set aside as provision to meet expenditure from the Fund in future years, and specify for what purpose each such provision is being made, and

  • (c)

    to make an estimate of the total amounts (including the amounts already received) to be received into the Fund during that financial year otherwise than by way of contributions in respect of that financial year from insurers, deemed insurers and Comcare employers under this Division, and

  • (c1)

    to make an estimate of the amount required to be contributed to the Fund from the Insurance Fund during that financial year, and

  • (d)

    to determine the total amount to be contributed to the Fund in respect of that financial year by insurers, deemed insurers and Comcare employers under this Division after having regard to—

    • (i)

      the amounts standing to the credit of the Fund at the beginning of the year, including any amounts set aside in earlier years as provisions to meet expenditure in later years, and

    • (ii)

      the amounts estimated under paragraph (c) to be received into the Fund during the year, and

    • (iii)

      the amounts to be contributed to the Fund from the Insurance Fund during the year, and

  • (e)

    to specify in writing the estimates, provisions and amounts to be contributed to the Fund by insurers, deemed insurers and Comcare employers.

s 38: Am 2006 No 25, Sch 2 [3]; 2008 No 42, Sch 1 [4]–[7]; 2012 No 53, Sch 9.2 [3]–[5]; 2015 No 19, Sch 6 [17].

39Contributions to Fund by insurers and self-insurers

(cf 1987 s 261)

(1)

Each insurer, deemed insurer and self-insurer must pay the contributions prescribed by this section to the Authority for payment into the Workers Compensation Operational Fund.

(2)

The contribution to be paid by an insurer in respect of each financial year is an amount equal to the percentage (determined by the Authority in accordance with this section) of the premium income of the insurer in respect of that financial year.

(3)

The contribution to be paid by a self-insurer, in respect of each financial year (being a financial year during the whole or part of which the person was a self-insurer) is an amount equal to the percentage (determined by the Authority in accordance with this section) of the deemed premium income of the self-insurer during the relevant period when the person was a self-insurer.

(3A)

The contribution to be paid by a deemed insurer, in respect of each financial year (being a financial year during the whole or part of which the person was a deemed insurer), is an amount determined by the Authority in accordance with the regulations.

(4)

The percentage determined by the Authority pursuant to subsections (2) and (3)—

  • (a)

    is to be such as, in the opinion of the Authority, will be sufficient to yield the total amount to be contributed to the Fund by insurers and self-insurers in respect of the relevant financial year as determined pursuant to section 38, and

  • (b)

    is to be the same percentage for all insurers and for all self-insurers, and

  • (c)

    (Repealed)

(5)

A contribution by an insurer is payable at such times and in respect of premium income received during such periods in such manner as may be determined by the Authority and notified to the insurer.

(6)

A contribution by a self-insurer or deemed insurer is payable in such instalments and at such times as may be determined by the Authority and notified to the self-insurer or deemed insurer.

(6A)

The Authority may, at any time during or after a financial year, re-determine the percentages determined pursuant to subsections (2) and (3) in respect of the financial year if the estimated total amount of premium income and deemed premium income for the financial year is less than the previously estimated amount on which the original determination of the percentage was based.

(6B)

If a percentage is re-determined, the Authority is to make the necessary adjustments to the contributions payable by insurers and self-insurers.

(7)

If a contribution payable by an insurer or deemed insurer has not been paid within the time prescribed by or under this section—

  • (a)

    the insurer or deemed insurer is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and

  • (b)

    the amount of that contribution together with a late payment fee calculated at the rate of 15 per cent of that amount per annum compounded quarterly (or, where another rate is prescribed, that other rate) may be recovered by the Authority as a debt in any court of competent jurisdiction.

(8)

Subject to subsection (4), more than one percentage may be determined by the Authority for different portions of a financial year for the purposes of subsection (2) or (3).

(9)

A certificate executed by the Authority as to the amount of a contribution payable under this section by an insurer, self-insurer or deemed insurer specified in the certificate and the due date for payment is (without proof of its execution by the Authority) admissible in proceedings under this section and is evidence of the matters specified in the certificate.

(10)

The obligation of a person (being a self-insurer or deemed insurer) to make a contribution under this section in respect of any period during which the person was a self-insurer or deemed insurer does not cease merely because the person subsequently ceases to be a self-insurer or deemed insurer.

s 39: Am 2000 No 44, Sch 12.3 [3]; 2001 No 94, Sch 6.2 [11]–[13]; 2008 No 42, Sch 1 [8]–[12]; 2012 No 53, Sch 9.2 [6]–[16]; 2015 No 19, Sch 6 [17].

39AContributions to Fund by Comcare employers(1)

Each Comcare employer must pay the contributions prescribed by this section to the Authority for payment into the Workers Compensation Operational Fund.

(2)

The contribution to be paid by a Comcare employer, in respect of each financial year (being a financial year during the whole or part of which the person was a Comcare employer), is an amount equal to the percentage (determined by the Authority in accordance with this section) of the deemed premium income of the Comcare employer during the relevant period when the person was a Comcare employer.

(3)

The percentage determined by the Authority pursuant to subsection (2)—

  • (a)

    subject to paragraph (b), is to be such as, in the opinion of the Authority, will be sufficient to yield the total amount to be contributed to the Fund by Comcare employers in respect of the relevant financial year as determined pursuant to section 38, and

  • (b)

    is to be 60%, or such other percentage (not exceeding 70%) as determined by the Authority by order, of the percentage determined in accordance with section 39, and

  • (c)

    is to be rounded to 2 decimal places, and

  • (d)

    is to be the same percentage for all Comcare employers.

Example—

If the percentage determined in accordance with section 39 is 4%, unless an order under subsection (3) (b) has been made, the percentage under subsection (2) will be (60% × 4% =) 2.40%.

If the percentage determined in accordance with section 39 is still 4%, but an order under subsection (3) (b) has been made increasing that percentage to 62.1%, then the percentage under subsection (2) will be (62.1% × 4% = 2.484%, then rounded to the nearest two decimal places) 2.48%.

(4)

A contribution by a Comcare employer is payable in such instalments and at such times as may be determined by the Authority and notified to the Comcare employer.

(5)

The Authority may, at any time during or after a financial year, re-determine the percentage determined pursuant to subsection (2) in respect of the financial year if the estimated total amount of premium income and deemed premium income for the financial year is less than the previously estimated amount on which the original determination of the percentage was based.

(6)

If a percentage is re-determined, the Authority is to make the necessary adjustments to the contributions payable by Comcare employers.

(7)

If a contribution payable by a Comcare employer has not been paid within the time prescribed by or under this section—

  • (a)

    the Comcare employer is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and

  • (b)

    the amount of that contribution together with a late payment fee calculated at the rate of 15% of that amount per annum compounded quarterly (or, where another rate is prescribed, that other rate) may be recovered by the Authority as a debt in any court of competent jurisdiction.

(8)

Subject to subsection (3), more than one percentage may be determined by the Authority for different portions of a financial year for the purposes of subsection (2).

(9)

A certificate executed by the Authority as to the amount of a contribution payable under this section by a Comcare employer specified in the certificate and the due date for payment is (without proof of its execution by the Authority) admissible in proceedings under this section and is evidence of the matters specified in the certificate.

(10)

The obligation of a person (being a Comcare employer) to make a contribution under this section in respect of any period during which the person was a Comcare employer does not cease merely because the person subsequently ceases to be a Comcare employer.

(11)

This section does not apply to a Comcare employer on and from the date that the Comcare employer becomes subject to the Occupational Health and Safety (Commonwealth Employment) Act 1991 of the Commonwealth.

s 39A: Ins 2006 No 25, Sch 2 [4]. Am 2015 No 19, Sch 6 [17].

Division 3Financial year of Authority40Financial year of Authority

(cf 1989 s 21)

(1)

The financial year of the Authority is the year commencing on 1 July.

(2)

However, the financial year of the Authority is to be the annual reporting period (if any) for the Authority if the Treasurer has made a determination under section 2.10 of the Government Sector Finance Act 2018 for that period to be different from the period referred to in subsection (1).

s 40: Am 2018 No 70, Sch 4.123[1].

Part 7Information collection and sharing

ch 2, pt 7 (ss 40A–40D): Ins 2018 No 62, Sch 4 [2].

40ADefinitions

In this Part—

data means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means).

insurer means a licensed insurer, a former licensed insurer, a self-insurer or a former self-insurer, and includes a scheme agent.

relevant insurance or compensation authority means a relevant authority for the purposes of section 10 of the State Insurance and Care Governance Act 2015, and includes authorities of the Commonwealth, the other States and Territories that administer insurance or compensation schemes.

ch 2, pt 7 (ss 40A–40D): Ins 2018 No 62, Sch 4 [2].

40BGeneral data gathering, exchange, etc, by Authority, insurers and relevant insurance or compensation authorities(1)

The Authority may collect, use and disclose data relating to any of the following—

  • (a)

    policies of insurance,

  • (b)

    claims for compensation or for work injury damages,

  • (c)

    the functions, activities and performance of insurers and employers,

  • (d)

    the provision of health, legal and other services to injured workers,

  • (e)

    any matter in respect of which a complaint is made to the Authority or the Independent Review Officer concerning any aspect of the schemes to which the workers compensation legislation relates.

(2)

For that purpose, the Authority may obtain data from insurers, from relevant insurance or compensation authorities, from hospitals, from government agencies and from any other source.

(3)

Data concerning policies of insurance, claims and other related matters under the workers compensation legislation and policies, claims and other related matters under other insurance or compensation schemes is authorised to be exchanged between different parts of the Authority.

(4)

The Authority, the Independent Review Officer and insurers are authorised to exchange data concerning policies of insurance, claims, complaints and other related matters under the workers compensation legislation.

(5)

The Authority and relevant insurance or compensation authorities are authorised to exchange data concerning policies of insurance, claims and other related matters under the workers compensation legislation and policies, claims and other related matters under other insurance or compensation schemes administered by those authorities.

(6)

This section applies in respect of data that is personal information or health information about an individual despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

(7)

Section 243 does not prevent the disclosure of information in accordance with this section.

ch 2, pt 7 (ss 40A–40D): Ins 2018 No 62, Sch 4 [2].

40CData required to be supplied to Authority by insurers(1)

The Authority may require an insurer to disclose to the Authority (within the time and in the manner specified by the Authority) data relating to policies of insurance, claims and other related matters under the workers compensation legislation.

(2)

Subsection (1) extends to requiring—

  • (a)

    data relating to any aspect of a workers compensation insurance scheme under the workers compensation legislation (for example, the setting of premiums, the handling of claims, the cost of providing health, legal and other services to injured workers or the detection and prosecution of fraudulent claims), and

  • (b)

    data relating to policies or claims generally or to particular policies or claims.

This subsection does not affect the generality of subsection (1) or any other provision of this Act regarding the obtaining of data by the Authority.

(3)

An insurer may be required to disclose data to the Authority under this section that is personal information or health information about an individual despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

(4)

Unless the insurer satisfies the court that it is not within its power to comply with a requirement under this section, an insurer that fails to comply with a requirement under this section is guilty of an offence.

Maximum penalty—100 penalty units.

ch 2, pt 7 (ss 40A–40D): Ins 2018 No 62, Sch 4 [2].

40DMandatory notification(1)

The regulations may make provision for or with respect to requiring a scheme participant to notify the Authority of any contravention of this Act of which the scheme participant becomes aware. Any such requirement is a mandatory notification requirement.

(2)

Each of the following is a scheme participant

  • (a)

    an insurer,

  • (b)

    any specified person, or person of a specified class, on whom functions are conferred by this Act.

(3)

A mandatory notification requirement may apply in relation to all or any specified class of insurers.

(4)

Without limiting subsection (1), the regulations may—

  • (a)

    provide for the form and manner in which notification is to be given, and

  • (b)

    provide for when the notification is to be given, and

  • (c)

    provide for the information required to be notified, and

  • (d)

    provide for any further requirements relating to the notification (such as a requirement to provide further information or answer questions).

ch 2, pt 7 (ss 40A–40D): Ins 2018 No 62, Sch 4 [2].

Chapter 3Workplace injury managementPart 1Preliminary

ch 3, pt 1, hdg: Ins 2012 No 53, Sch 1.2 [1].

41Object and application of Chapter(1)

The object of this Chapter is to establish a system that seeks to achieve optimum results in terms of the timely, safe and durable return to work for workers following workplace injuries.

(2)

The various provisions of this Chapter apply only in respect of injuries that happen after the commencement of the provision concerned.

41AChapter applies even when liability disputed

The requirements of this Chapter apply even when there is a dispute as to liability.

s 41A: Ins 2000 No 87, Sch 23.1 [1].

42Definitions(1)

In this Chapter—

injured worker means a worker who has received a workplace injury.

injury management means the process that comprises activities and procedures that are undertaken or established for the purpose of achieving a timely, safe and durable return to work for workers following workplace injuries.

injury management plan means a plan for co-ordinating and managing those aspects of injury management that concern the treatment, rehabilitation and retraining of an injured worker, for the purpose of achieving a timely, safe and durable return to work for the worker. An injury management plan can provide for the treatment, rehabilitation and retraining to be given or provided to the injured worker.

injury management program means a co-ordinated and managed program that integrates all aspects of injury management (including treatment, rehabilitation, retraining, claims management and employment management practices) for the purpose of achieving optimum results in terms of a timely, safe and durable return to work for injured workers.

insurer means a licensed insurer, specialised insurer or self-insurer.

nominated treating doctor means the treating doctor nominated from time to time by a worker for the purposes of an injury management plan for the worker.

significant injury means a workplace injury that is likely to result in the worker being incapacitated for work for a continuous period of more than 7 days, whether or not any of those days are work days and whether or not the incapacity is total or partial or a combination of both.

workplace injury means an injury to a worker in respect of which compensation is or may be payable under this Act.

(2)

If 2 or more employers are or may be liable to pay compensation to an injured worker, a reference in this Chapter to the employer is a reference to whichever of those employers last employed the worker and a reference to the insurer is a reference to that employer’s insurer.

s 42: Am 1998 No 120, Sch 1.48 [1] [2]; 2001 No 94, Sch 6.2 [14]; 2012 No 53, Sch 1.2 [2].

Part 2Obligations of insurers, employers and workers

ch 3, pt 2, hdg: Ins 2012 No 53, Sch 1.2 [3].

42AInjury management pilot projects

Schedule 5A has effect.

s 42A: Ins 2000 No 87, Sch 2 [1].

42BClaims assistance(1A)

A reference to the Authority in this section includes a reference to the Nominal Insurer.

(1)

The Authority may provide assistance (claims assistance) to injured workers and employers in connection with claims for compensation and work injury damages.

(2)

In particular the Authority may establish an advisory service to provide claims assistance.

(3)

The Authority may provide funds to fund the provision of claims assistance by organisations representing employers or employees, including by means of the establishment of an advisory service to provide claims assistance.

(4)–(6)

(Repealed)

s 42B: Ins 2001 No 61, Sch 2.2 [1]. Am 2015 No 19, Sch 6 [23] [24].

43Injury management programs(1)

An insurer must establish and maintain an injury management program and must revise its injury management program from time to time or when the Authority directs. An insurer must lodge a copy of its injury management program, and any revised injury management program, with the Authority.

(1A)

Without limiting subsection (1), an insurer that is a scheme agent must revise its injury management program when directed to do so by the Nominal Insurer and lodge a copy of the revised program with the Nominal Insurer.

(2)

An insurer must give effect to its injury management program and for that purpose must comply with the obligations imposed on the insurer by or under the program.

(3)

An insurer must take appropriate steps to ensure that each employer who is insured by the insurer is made aware of the employer’s obligations under this Chapter and made and kept aware of the requirements of the insurer’s injury management program. This subsection does not apply to a self-insurer.

(4)

Within 3 working days after being notified of a significant injury to a worker, the insurer must initiate action under the insurer’s injury management program and must (in accordance with that program) make contact with the worker, the employer (except when the insurer is a self-insurer) and (if appropriate and reasonably practicable) the worker’s treating doctor. A working day is any day except a Saturday, Sunday or public holiday.

(5)

An employer must comply with the obligations imposed on the employer by or under the insurer’s injury management program. This subsection does not apply when the employer is a self-insurer.

s 43: Am 2015 No 19, Sch 6 [25].

44Early notification of workplace injury(1)

An injured worker must notify the employer that the worker has received a workplace injury as soon as possible after the injury happens.

(2)

The employer of an injured worker must notify the insurer or the Nominal Insurer within 48 hours after becoming aware that a worker has received a workplace injury in the manner prescribed by the regulations.

(3)

If an employer has given notice to the insurer in accordance with subsection (2) of a workplace injury to a worker, the insurer must forward that notice to the Nominal Insurer in accordance with the regulations.

(3A)

If an employer has given notice to the Nominal Insurer in accordance with subsection (2) of a workplace injury to a worker—

  • (a)

    the Nominal Insurer must as soon as practicable forward that notice to the insurer, and

  • (b)

    the notice given to the Nominal Insurer is taken to be notice given to the insurer for the purposes of the employer’s policy of insurance.

(3B)

If an employer or an insurer has given notice to the Nominal Insurer in accordance with subsection (2) or (3) of a workplace injury to a worker, the Nominal Insurer must as soon as practicable forward that notice to the Authority in accordance with the regulations.

(4)

Subsection (2) do not apply when the insurer is a self-insurer.

(5)

(Repealed)

Note—

The obligations imposed by this section are in addition to those imposed by sections 61–69.

s 44: Am 2002 No 124, Sch 4.1 [1]–[4]; 2003 No 29, Sch 2 [1]; 2006 No 25, Sch 2 [5]; 2015 No 19, Sch 6 [26]–[28].

45Injury management plan for worker with significant injury(1)

When it appears that a workplace injury is a significant injury, an insurer who is or may be liable to pay compensation to the injured worker must establish an injury management plan for the injured worker.

(2)

The injury management plan must be established in consultation with the employer (except when the insurer is a self-insurer), the treating doctor and the worker concerned, to the maximum extent that their co-operation and participation allow.

(3)

The insurer must provide both the employer and the injured worker with information with respect to the injury management plan.

(4)

The information that the insurer must provide to the injured worker includes a statement to the effect that the worker may have no entitlement to weekly payments of compensation if the worker fails unreasonably to comply with the requirements of this Chapter after being requested to do so by the insurer.

(5)

The insurer must keep the employer of a worker who has received a significant injury informed of significant steps taken or proposed to be taken under the injury management plan for the worker. This subsection does not apply when the insurer is a self-insurer.

(6)

An insurer must as far as possible ensure that vocational retraining provided or arranged for an injured worker under an injury management plan is such as may reasonably be thought likely to lead to a real prospect of employment or an appropriate increase in earnings for the injured worker.

(7)

An insurer must give effect to an injury management plan established for an injured worker and for that purpose must comply with the obligations imposed on the insurer by or under the plan.

s 45: Am 2000 No 87, Sch 23.1 [2].

45AInjury management consultants(1)

The Authority may by instrument in writing approve a person as an injury management consultant for the purposes of the Workers Compensation Acts.

(2)

Such an approval may be for a fixed or indefinite period and may be made subject to conditions.

(3)

The Authority may by instrument in writing revoke the approval of an injury management consultant for any breach of the conditions of the approval or for such other reason as the Authority thinks appropriate.

(4)

Workers Compensation Guidelines may provide for the functions of approved injury management consultants.

(5)

A person approved as an injury management consultant under this section is, in any legal proceedings, competent but not compellable to give evidence or produce documents in respect of any matter in which he or she was involved in the course of the exercise of his or her functions as an approved injury management consultant.

(6)

An injury management consultant who is aggrieved by a decision of the Authority to revoke the consultant’s approval may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision.

s 45A: Ins 2001 No 61, Sch 2.2 [2]. Am 2013 No 95, Sch 2.156 [1]; 2015 No 19, Sch 6 [4].

46Employer’s injury management plan obligations(1)

The employer must participate and co-operate in the establishment of an injury management plan required to be established for an injured worker.

(2)

The employer must comply with obligations imposed on the employer by or under an injury management plan for an injured worker.

(3)

This section does not apply when the employer is a self-insurer.

47Worker’s injury management plan obligations(1)

An injured worker must participate and co-operate in the establishment of an injury management plan required to be established for the worker.

(2)

The worker must comply with obligations imposed on the worker by or under an injury management plan for the worker.

(3)

The worker must, when requested to do so by the insurer, nominate as the worker’s treating doctor for the purposes of an injury management plan for the worker a medical practitioner who is prepared to participate in the development of, and in the arrangements under, the plan.

(4)

A medical practice can be nominated as treating doctor for the purposes of subsection (3). Such a nomination operates as a nomination of the members of the practice who treat the worker from time to time and a reference in this Chapter to the nominated treating doctor is a reference to those members of the practice.

(5)

The worker must authorise the worker’s nominated treating doctor to provide relevant information to the insurer or the employer for the purposes of an injury management plan for the worker.

(6)

An injury management plan must provide for the procedure for changing the worker’s nominated treating doctor.

48Return to work obligations of worker(1)

A worker who has current work capacity must, in co-operation with the employer or insurer, make reasonable efforts to return to work in suitable employment or pre-injury employment at the worker’s place of employment or at another place of employment.

(2)

For the purposes of this section, a worker is to be treated as making a reasonable effort to return to work in suitable employment or pre-injury employment during any reasonable period in which—

  • (a)

    the worker is waiting for the commencement of a workplace rehabilitation service that is required to be provided under an injury management plan for the worker, or

  • (b)

    the worker is waiting for a response to a request for suitable employment or pre-injury employment made by the worker and received by the employer, or

  • (c)

    if the employer’s response is that suitable employment or pre-injury employment will be provided at some time, the worker is waiting for suitable employment or pre-injury employment to commence.

s 48: Subst 2012 No 53, Sch 1.2 [4].

48AFailure to comply with return to work obligations of worker(1)

If a worker does not comply with an obligation of the worker imposed under section 48, the insurer may in accordance with this section—

  • (a)

    suspend the payment of compensation in the form of weekly payments to the worker, or

  • (b)

    terminate the payment of compensation in the form of weekly payments to the worker, or

  • (c)

    cease and determine the entitlement of the worker to compensation in the form of weekly payments in respect of the injury under this Act.

(2)

If the insurer seeks to suspend payments of compensation under subsection (1) (a), the insurer must give written notice to the worker stating—

  • (a)

    the reason for the giving of the notice, and

  • (b)

    that unless the worker complies with the obligation under section 48 specified in the notice, weekly payments to the worker will be suspended from the date specified in the notice which must be a date at least 14 days after notice is given but no more than 60 days after notice is given, and

  • (c)

    the consequences of failing to comply as specified in the notice.

(3)

If the worker fails to comply with a written notice under subsection (2), the insurer may suspend the payment of weekly payments to the worker for a period of 28 days after the date specified in the notice referred to in subsection (2) (b).

(4)

If the worker complies with the obligation specified in the notice under subsection (2) during the period that weekly payments are suspended under subsection (3), the insurer must, subject to and in accordance with this Act, resume the payment of weekly payments with effect from the date on which the worker complied with the obligation.

(5)

If subsection (4) applies, the worker forfeits any compensation in the form of weekly payments that would otherwise have been made during the period of suspension until the worker complied with the obligation and that period is included in determining the first or second entitlement period under Division 2 of Part 3 of the 1987 Act.

(6)

If the worker does not comply with the obligation specified in the notice under subsection (2) for the entire period that weekly payments are suspended under subsection (3), the insurer may terminate the payment of compensation in the form of weekly payments to the worker in respect of the injury by written notice stating the reasons for giving the notice.

(7)

If the worker—

  • (a)

    does not comply with the obligation specified in the notice under subsection (2) for the entire period that weekly payments are suspended under subsection (3), and

  • (b)

    has within the last 12 months prior to the giving of the notice referred to in paragraph (a)—

    • (i)

      been issued 2 notices under subsection (2) without a subsequent suspension of weekly payments, or

    • (ii)

      had compensation in the form of weekly payments suspended once under subsection (3),

the insurer may cease and determine the entitlement to compensation in the form of weekly payments in respect of the injury to the worker under this Act by written notice stating the reasons for giving the notice.

s 48A: Ins 2012 No 53, Sch 1.2 [4].

49Employer must provide suitable work(1)

If a worker who has been totally or partially incapacitated for work as a result of an injury is able to return to work (whether on a full-time or part-time basis and whether or not to his or her previous employment), the employer liable to pay compensation to the worker under this Act in respect of the injury must at the request of the worker provide suitable employment for the worker.

Maximum penalty—50 penalty units.

(2)

The employment that the employer must provide is employment that is both suitable employment (as defined in section 32A of the 1987 Act) and (subject to that qualification) so far as reasonably practicable the same as, or equivalent to, the employment in which the worker was at the time of the injury.

(3)

This section does not apply if—

  • (a)

    it is not reasonably practicable to provide employment in accordance with this section, or

  • (b)

    the worker voluntarily left the employment of that employer after the injury happened (whether before or after the commencement of the incapacity for work), or

  • (c)

    the employer terminated the worker’s employment after the injury happened, other than for the reason that the worker was not fit for employment as a result of the injury.

Note—

See also Part 7 Chapter 2 of the Industrial Relations Act 1996 for provisions for protection of employment of injured workers.

s 49: Am 2012 No 53, Sch 1.2 [5]; 2013 No 47, Sch 2.45 [1].

50Payment of cost of treatment of injured worker(1)

An injury management plan may provide for the insurer to pay the following costs—

  • (a)

    the cost of any treatment for the workplace injury provided to the worker by the nominated treating doctor if the nominated treating doctor is prepared to participate in the arrangements under the plan,

  • (b)

    the cost of other specified treatment provided to the worker for the workplace injury (specified by reference to such factors as the kind of treatment, the identity of the health care professional who provides the treatment, and the circumstances in which the treatment is provided).

(2)

For the purposes of any such payment, it does not matter that the worker has not made a claim for compensation, the insurer has not accepted liability in respect of the injury or the insurer disputes liability in respect of the injury.

(3)

If the insurer pays any such costs and another insurer or another employer accepts liability to pay compensation to the worker in respect of the injury concerned, the insurer is entitled to recover those costs (to the extent that compensation is payable under this Act in respect of those costs) as a debt from that other insurer or other employer. Any amount so recoverable is taken to be payable by the other insurer or other employer as compensation to the injured worker.

51

(Repealed)

s 51: Rep 2001 No 94, Sch 6.2 [15].

52Workplace rehabilitation

(cf 1987 s 152)

(1)

An employer must establish a return-to-work program with respect to policies and procedures for the rehabilitation (and, if necessary, vocational re-education) of any injured workers of the employer. An employer’s return-to-work program must not be inconsistent with the injury management program of the employer’s insurer and is of no effect to the extent of any such inconsistency.

(2)

A return-to-work program is to be established in accordance with the regulations and must, subject to the regulations—

  • (a)

    comply with any guidelines determined by the Authority, and

  • (b)

    be developed by the employer in consultation with the workers concerned and any industrial union of employees representing those workers, and

  • (c)

    be in writing, and

  • (d)

    be displayed at places of work, or notified to workers by publishing it on a website or by any other method authorised by the regulations.

(3)

The Authority may, in determining guidelines for the purposes of this section, consult with such persons and bodies as the Authority considers to be appropriate.

(4)

The regulations—

  • (a)

    may require a return-to-work program to be approved by the Authority or other person or body, and

  • (b)

    may exempt specified classes of employers from this section, and

  • (c)

    may provide for the approval of providers of rehabilitation services for the purposes of return-to-work programs and may require employers to use the services of approved providers in connection with the program, and

  • (d)

    may create offences with respect to any failure to comply with this section or with a return-to-work program, and

  • (e)

    may make other provisions that are necessary or convenient for the purposes of giving effect to this section.

(5)

A group of 2 or more employers may establish a single return-to-work program under this section for each member of the group if the employers are authorised to do so by the regulations.

s 52: Am 2010 No 101, Sch 2 [2]; 2018 No 62, Sch 7.3 [1].

53Vocational re-education etc provided by Authority

(cf 1987 s 153)

(1)

The Authority may institute, administer or co-ordinate vocational re-education and rehabilitation schemes for injured workers.

(2)

The Authority may draw from the Workers Compensation Operational Fund such amounts as may be necessary or desirable for the purposes of the vocational re-education and rehabilitation of injured workers.

(3)

Without limiting the generality of subsection (2), the Authority may draw from the Workers Compensation Operational Fund such amounts as the Authority considers appropriate—

  • (a)

    to provide financial incentives to employers who offer employment to injured workers unable to find suitable employment and who provide (or assist in the provision of) vocational re-education and rehabilitation for those workers, or

  • (b)

    to provide financial incentives to employers who retain or re-employ their injured workers and who provide (or assist in the provision of) vocational re-education and rehabilitation for those workers, or

  • (c)

    to provide financial assistance to employers or others who offer injured workers work-trial experience or other voluntary work as part of the workers’ rehabilitation training (being assistance in connection with the cost of any necessary insurance arrangements relating to the workers or for other incidental expenses).

(4)

The Authority may establish within the Workers Compensation Operational Fund an account, to be known as the Vocational Re-education and Rehabilitation Account, for the purpose of keeping a separate record of the money in that Fund set aside by the Authority for the purposes of this section and the money paid from that Fund under this section.

s 53: Am 2015 No 19, Sch 6 [17].

54Second-injury scheme

(cf 1987 s 153A)

(1)

The Authority is to institute and administer under section 53 a scheme (to be called the second-injury scheme) to encourage the employment of injured workers by providing financial incentives to their employers in connection with insurance liabilities arising from further injuries to the workers.

(2)

The second-injury scheme applies to such injured workers as are approved by the Authority as being suitable for inclusion in the scheme.

(3)

Any such approval—

  • (a)

    applies to such employment of the injured worker as is specified in the approval (including employment that is limited to, or excludes, employment with particular employers), and

  • (b)

    applies for a period of 6 months of any such employment or such other period as is specified in the approval, and

  • (c)

    applies to all injuries or only to particular injuries, or injuries of a class, specified in the approval, and

  • (d)

    is subject to any other conditions imposed by the Authority.

(4)

If the second-injury scheme applies to an injured worker—

  • (a)

    the employer of the worker is not required under section 160 (Recovery of excess from employer) of the 1987 Act to repay the relevant part of any weekly compensation claim paid under a policy of insurance for compensation for an injury to the worker to which the scheme applies, and

  • (b)

    any such claim (or any liability of the employer independently of this Act for that injury) is to be excluded from the claims experience of the employer for the purposes of calculating the premium payable by the employer for a policy of insurance.

(5)

Subsection (4) is subject to—

  • (a)

    the regulations, and

  • (b)

    the terms and conditions of the Authority’s approval for the inclusion of the injured worker in the second-injury scheme, and

  • (c)

    any other limitation imposed by the Authority when giving that approval.

(6)

The regulations may make provision for or with respect to the operation of the second-injury scheme.

s 54: Am 1999 No 24, Sch 1 [2]; 2001 No 94, Sch 6.2 [16]; 2013 No 47, Sch 2.45 [2].

55Compliance by insurers(1)

It is a condition of an insurer’s licence that the insurer must comply with the requirements of this Chapter.

(2)

If the Authority is satisfied that an insurer has persistently or repeatedly failed to comply with the requirements of this Chapter without reasonable excuse, the Authority can do any of the following—

  • (a)

    cancel or suspend the insurer’s licence,

  • (b)

    impose a pecuniary penalty of up to an amount that is equivalent to 100 penalty units,

  • (c)

    amend the terms or conditions of the insurer’s licence (for example by the inclusion of a condition providing for increased supervision of the insurer by the Authority),

  • (d)

    issue a letter of censure to the insurer.

(3)

Before the Authority takes action under this section, the Authority must give the insurer concerned an opportunity to make submissions to the Authority regarding the proposed action. The Authority is to consider any submissions so made.

(4)

If the Authority then decides to take the proposed action or other action authorised by this section, the Authority is to give the insurer written notice of the action. Any action taken by the Authority under this section takes effect when notice of it is given to the insurer or on such later date as the notice may provide.

(5)

The Authority may, at any time, terminate or reduce a period of suspension of an insurer’s licence.

(6)

A pecuniary penalty imposed on an insurer under this section may be recovered by the Authority in a court of competent jurisdiction as a debt due to the Crown.

(7)

The Authority is to monitor compliance by insurers with the requirements of this Chapter.

55ACompliance by scheme agents

A scheme agent must comply with the requirements of this Chapter.

Maximum penalty—1,000 penalty units.

Note—

Section 154M (2) of the 1987 Act provides that certain provisions of this Act (including certain provisions of this Chapter) extend to scheme agents acting on behalf of the Nominal Insurer.

s 55A: Ins 2003 No 81, Sch 3.4 [3].

56Compliance by employer(1)

Any increased costs associated with a failure by an employer to comply with a requirement of this Chapter can be taken into account (in conformity with the requirements of this Act with respect to the determination of premiums) in the calculation of a claims experience factor for the employer for use in the determination of the premium payable for an insurance policy by the employer.

(2)

The regulations may make provision for or with respect to the payment by an employer who fails to comply with a requirement of this Chapter of an amount by way of a premium surcharge.

(3)

The amount of any such premium surcharge payable under the regulations need not be referable to any increase in costs attributable to or associated with the employer’s failure to comply.

(4)

The amount of a premium surcharge payable under the regulations is to be added to, and becomes payable as part of, the premium payable by the employer for the issue or renewal of a policy of insurance as provided by the regulations.

(5)

It is a condition of any policy of insurance issued under the 1987 Act that the employer must comply with the requirements of this Chapter, but only if the insurer has taken appropriate steps to ensure that the employer is made aware of those obligations.

s 56: Am 2001 No 94, Sch 6.2 [17].

57

(Repealed)

s 57: Rep 2012 No 53, Sch 1.2 [6].

58Liability not affected

None of the following things done by an insurer or employer constitutes an admission of liability by the employer or insurer under this Act or independently of this Act—

  • (a)

    anything done under or for the purposes of an injury management program or injury management plan,

  • (b)

    anything done in connection with the assessment of an injured worker for rehabilitation or for employment or the provision or arrangement of services or other measures for the rehabilitation or suitable employment of injured workers (whether done under a return-to-work program or otherwise).

s 58: Am 1998 No 120, Sch 1.48 [3].

59Regulations

The regulations—

  • (a)

    may provide for the way in which an injury management program or injury management plan is to be established by an insurer, and

  • (b)

    may require an injury management program or injury management plan to be approved by the Authority or by some other person or body, and

  • (c), (d)

    (Repealed)

  • (e)

    may create offences with respect to any failure to comply with this Chapter or with any injury management program or injury management plan, and

  • (f)

    may modify the operation of any provision of this Chapter in its application to self-insurers and may exempt self-insurers or a particular class of self-insurers from the operation of any provision of this Chapter, and

  • (g)

    may make other provisions that are necessary or convenient for the purposes of giving effect to this Chapter.

No 67

Work Health and Safety Legislation Amendment Act 2011. Assented to 28.11.2011.

Date of commencement of Sch 4, 1.1.2012, sec 2 (1).

2012

No 53

Workers Compensation Legislation Amendment Act 2012. Assented to 27.6.2012.

Date of commencement of Schs 1, 10.1 [2] (to the extent that it inserts Div 2 of Part 3 of Chapter 2) and 11, 1.10.2012, sec 2 (1) and 2012 (474) LW 28.9.2012; date of commencement of Schs 2 and 9, assent, sec 2 (2); date of commencement of Sch 10.1 (except so much of Sch 10.1 [2] that inserts Div 2 of Part 3 of Chapter 2), 10.8.2012, sec 2 (1) and 2012 (362) LW 10.8.2012.

No 54

Safety, Return to Work and Support Board Act 2012. Assented to 27.6.2012.

Date of commencement, 1.8.2012, sec 2 and 2012 (337) LW 27.7.2012.

No 97

Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012.

Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012.

2013

No 47

Statute Law (Miscellaneous Provisions) Act 2013. Assented to 25.6.2013.

Date of commencement of Sch 2.45, 5.7.2013, sec 2 (1).

No 54

Work Health and Safety (Mines) Act 2013. Assented to 1.7.2013.

Date of commencement of Sch 3, 1.2.2015, sec 2 and 2014 (786) LW 12.12.2014.

No 95

Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013.

Date of commencement, 1.1.2014, sec 2.

2014

No 33

Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014.

Date of commencement of Sch 3.35, 4.7.2014, sec 2 (1).

No 64

Multicultural NSW Legislation Amendment Act 2014. Assented to 28.10.2014.

Date of commencement, 24.11.2014, sec 2 and 2014 (714) LW 14.11.2014.

2015

No 7

Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015.

Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015.

No 19

State Insurance and Care Governance Act 2015. Assented to 21.8.2015.

Date of commencement of Sch 6 [1]–[27] [29]–[31] [33]–[37] and [40], sec 2 and 2015 (524) LW 28.8.2015; date of commencement of Sch 6 [28] [32] [38] and [39], 6.5.2016, sec 2 and 2016 (213) LW 6.5.2016.

No 43

Work Health and Safety (Mines and Petroleum) Legislation Amendment (Harmonisation) Act 2015. Assented to 2.11.2015.

Date of commencement, 1.2.2016, sec 2 and 2016 (46) LW 29.1.2016.

2016

No 48

Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016.

Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016.

2017

No 10

Motor Accident Injuries Act 2017. Assented to 4.4.2017.

Date of commencement of Sch 5, 1.12.2017, sec 1.2 and 2017 (638) LW 22.11.2017.

No 22

Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017.

Date of commencement of Sch 3, 7.7.2017, sec 2 (3).

2018

No 19

Coal Industry Amendment Act 2018. Assented to 23.5.2018.

Date of commencement, 1.7.2018, sec 2 and 2018 (362) LW 29.6.2018.

No 28

Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018.

Date of commencement, assent, sec 2.

No 59

Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018.

Date of commencement of Sch 5, assent, sec 2 (1).

No 62

Workers Compensation Legislation Amendment Act 2018. Assented to 26.10.2018.

Date of commencement of Schs 1.2, 2.2, 4 [1] and [2] (to the extent that it inserts sec 40D) and 7.3, 1.1.2019, sec 2 (1) and 2018 (728) LW 14.12.2018; date of commencement of Sch 3, 21.10.2019, sec 2(1) and 2019 (451) LW 13.9.2019; date of commencement of Schs 4 (except Sch 4 [1] and [2] (to the extent that it inserts sec 40D)) and 6.3, assent, sec 2 (3).

No 68

Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018.

Date of commencement of Sch 2.35, 8.1.2019, sec 2 (1).

No 70

Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018.

Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018; date of commencement of Sch 4.123[1], 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021; date of commencement of Sch 4.123 [2], 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018.

2019

No 20

Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019.

Date of commencement of Sch 1.28, assent, sec 2(1).

2020

No 18

Personal Injury Commission Act 2020. Assented to 11.8.2020.

Date of commencement of Sch 6.11, 1.3.2021, sec 2(3) and 2020 (729) LW 18.12.2020.

2021

No 32

Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021.

Date of commencement of Sch 1.21, assent, sec 2(1).

2022

No 25

Motor Accidents and Workers Compensation Legislation Amendment Act 2022. Assented to 16.6.2022.

Date of commencement of Sch 3, assent, sec 2(1).

No 26

Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022.

Date of commencement, assent, sec 2.

2023

No 41

Industrial Relations Amendment Act 2023. Assented to 5.12.2023.

Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024.

Table of amendments

Sec 4

Am 1998 No 130, Sch 7 [1]–[3]; 1999 No 24, Sch 1 [1]; 2000 No 40, Sch 2.11; 2000 No 44, Sch 12.3 [1] [2]; 2000 No 46, Sch 1 [1]; 2000 No 53, Sch 1.33 [1]; 2000 No 87, Schs 1.1 [1]–[3], 20.2 [1]; 2001 No 34, Sch 4.75 [1]; 2001 No 61, Schs 4.2 [1] [2], 6.2 [1]; 2001 No 94, Schs 1.2 [1], 5.2 [1] [2], 6.2 [1]–[4]; 2002 No 23, Sch 1.15 [1]; 2002 No 124, Sch 3.2; 2002 No 129, Sch 2.20 [1]–[3] (subst 2004 No 74, Sch 3 [67]); 2003 No 81, Sch 3.4 [1]; 2003 No 97, Sch 2 [1] [2]; 2004 No 56, Sch 2 [1]; 2004 No 106, Sch 2.8 [1] [2]; 2004 No 111, Sch 5 [1] [2]; 2009 No 96, Sch 30 [1]; 2010 No 19, Sch 3.128 [1]–[5]; 2010 No 102, Sch 2.9; 2011 No 62, Sch 3.43 [1]; 2011 No 67, Sch 4.31 [1]–[3]; 2012 No 53, Sch 10.1 [1]; 2012 No 54, Sch 3.8 [1] [2]; 2013 No 54, Sch 3.17; 2014 No 33, Sch 3.35 [1]; 2015 No 19, Sch 6 [1]–[5]; 2015 No 43, Sch 4.15; 2017 No 10, Sch 5.15 [1]; 2018 No 28, Sch 1.44 [1]–[3]; 2018 No 62, Schs 1.2 [1], 3.2, 4 [1]; 2020 No 18, Sch 6.11 [1]–[9]; 2021 No 32, Sch 1.21[1].

Sec 6

Am 2011 No 62, Sch 3.43 [1] [2].

Sec 7

Am 2000 No 87, Sch 19.1.

Sec 9

Rep 2001 No 94, Sch 6.2 [5].

Sec 9A

Ins 2001 No 107, Sch 7.13 [1]. Am 2018 No 19, Sch 2.2.

Chapter 2, Part 1 (secs 10–13)

Rep 2000 No 87, Sch 1.1 [4].

Chapter 2, Part 2, heading

Am 2015 No 19, Sch 6 [6].

Chapter 2, Part 2, Div 1

Rep 2015 No 19, Sch 6 [7].

Sec 14

Rep 2015 No 19, Sch 6 [7].

Sec 15

Am 2000 No 87, Sch 1.1 [5] [6]; 2001 No 94, Sch 10.2 [1] [2]; 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [3].

Sec 16

Rep 2009 No 96, Sch 30 [3].

Sec 17

Rep 2006 No 2, Sch 4.82 [1].

Chapter 2, Part 2, Div 2

Rep 2015 No 19, Sch 6 [7].

Sec 18

Am 2009 No 96, Sch 30 [2]; 2012 No 54, Sch 3.8 [4]–[6]. Rep 2015 No 19, Sch 6 [7].

Sec 19

Am 2000 No 87, Sch 1.1 [7]. Rep 2012 No 54, Sch 3.8 [3].

Sec 19A

Ins 2004 No 56, Sch 2 [2]. Am 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [3].

Sec 20

Am 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [3].

Sec 21

Am 2009 No 96, Sch 30 [4]; 2012 No 54, Sch 3.8 [7]. Rep 2015 No 19, Sch 6 [7].

Chapter 2, Part 2, Div 3, heading

Rep 2015 No 19, Sch 6 [8].

Sec 22

Am 2000 No 87, Sch 1.1 [8] [9]; 2006 No 2, Sch 4.82 [2]; 2011 No 67, Sch 4.31 [4]; 2012 No 54, Sch 3.8 [8]; 2014 No 33, Sch 3.35 [2]. Subst 2015 No 19, Sch 6 [9].

Sec 23

Am 2000 No 87, Schs 1.1 [10]–[18], 22.1 [1]; 2001 No 94, Sch 6.2 [6]; 2010 No 101, Sch 2 [1]; 2011 No 67, Sch 4.31 [5]–[7]; 2012 No 54, Sch 3.8 [9]; 2015 No 19, Sch 6 [10]–[12].

Sec 23A

Ins 2003 No 81, Sch 3.4 [2]. Rep 2015 No 19, Sch 6 [13].

Chapter 2, Part 3, heading

Am 2015 No 19, Sch 6 [14]. Rep 2020 No 18, Sch 6.11[10].

Chapter 2, Part 3

Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

Chapter 2, Part 3, Div 1

Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

Sec 24

Am 2000 No 87, Sch 1.1 [19]. Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Am 2014 No 33, Sch 3.35 [3]; 2015 No 19, Sch 6 [4]. Rep 2020 No 18, Sch 6.11[10].

Sec 25

Am 2000 No 87, Sch 1.1 [20]. Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Am 2014 No 33, Sch 3.35 [4]. Rep 2020 No 18, Sch 6.11[10].

Sec 26

Am 2000 No 87, Sch 1.1 [21]. Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

Chapter 2, Part 3, Div 2

Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

Sec 27

Rep 2001 No 94, Sch 6.2 [7]. Ins 2012 No 53, Sch 10.1 [2]. Am 2018 No 62, Sch 1.2 [2]. Rep 2020 No 18, Sch 6.11[10].

Sec 27A

Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

Sec 27B

Ins 2012 No 53, Sch 10.1 [2]. Am 2015 No 19, Sch 6 [15]; 2018 No 62, Sch 1.2 [3]. Rep 2020 No 18, Sch 6.11[10].

Sec 27C

Ins 2012 No 53, Sch 10.1 [2]. Am 2018 No 62, Sch 1.2 [4]. Rep 2020 No 18, Sch 6.11[10].

Sec 27D

Ins 2012 No 53, Sch 10.1 [2]. Rep 2020 No 18, Sch 6.11[10].

Chapter 2, Part 4, heading

Subst 2000 No 87, Sch 1.1 [22]; 2011 No 67, Sch 4.31 [8].

Chapter 2, Part 4

Subst 2000 No 87, Sch 1.1 [22]. Rep 2012 No 54, Sch 3.8 [10].

Sec 28

Subst 2000 No 87, Sch 1.1 [22]. Am 2011 No 67, Sch 4.31 [9]. Rep 2012 No 54, Sch 3.8 [10].

Sec 29

Subst 2000 No 87, Sch 1.1 [22]. Am 2001 No 61, Sch 5.2 [1]; 2005 No 64, Sch 1.52 [2]; 2011 No 67, Sch 4.31 [10]. Rep 2012 No 54, Sch 3.8 [10].

Sec 30

Subst 2000 No 87, Sch 1.1 [22]. Am 2001 No 61, Sch 4.2 [3] [4]; 2010 No 119, Sch 3.13; 2011 No 67, Sch 4.31 [11]. Rep 2012 No 54, Sch 3.8 [10].

Sec 31

Rep 2000 No 87, Sch 1.1 [22].

Chapter 2, Part 5

Rep 2012 No 54, Sch 3.8 [10].

Sec 32

Am 2000 No 87, Sch 1.1 [23]; 2011 No 67, Sch 4.31 [12]. Rep 2012 No 54, Sch 3.8 [10].

Sec 33

Am 2000 No 87, Sch 1.1 [23]–[25]. Rep 2012 No 54, Sch 3.8 [10].

Chapter 2, Part 6, Div 1, heading

Am 2015 No 19, Sch 6 [16].

Sec 34

Am 2015 No 19, Sch 6 [17]; 2022 No 25, Sch 3.5.

Sec 35

Am 2000 No 87, Sch 1.1 [26]; 2001 No 61, Sch 4.2 [5]; 2001 No 94, Sch 6.2 [8]; 2002 No 23, Sch 1.15 [2]; 2004 No 56, Sch 2 [3]; 2008 No 42, Sch 1 [1]–[3]; 2009 No 96, Sch 30 [5]; 2012 No 53, Schs 9.2 [1], 10.1 [3]; 2012 No 54, Sch 3.8 [11] [12]; 2015 No 19, Sch 6 [17]–[20]; 2020 No 18, Sch 6.11[11] [12].

Sec 35A

Ins 2002 No 23, Sch 1.15 [3]. Am 2005 No 64, Sch 1.52 [2]; 2015 No 19, Sch 6 [17].

Sec 36

Am 2015 No 19, Sch 6 [21] [22]. Subst 2018 No 70, Sch 3.73.

Chapter 2, Part 6, Div 2, heading

Am 2015 No 19, Sch 6 [16].

Sec 37

Am 2001 No 94, Sch 6.2 [9] [10]; 2006 No 25, Sch 2 [1] [2]; 2012 No 53, Sch 9.2 [2].

Sec 38

Am 2006 No 25, Sch 2 [3]; 2008 No 42, Sch 1 [4]–[7]; 2012 No 53, Sch 9.2 [3]–[5]; 2015 No 19, Sch 6 [17].

Sec 39

Am 2000 No 44, Sch 12.3 [3]; 2001 No 94, Sch 6.2 [11]–[13]; 2008 No 42, Sch 1 [8]–[12]; 2012 No 53, Sch 9.2 [6]–[16]; 2015 No 19, Sch 6 [17].

Sec 39A

Ins 2006 No 25, Sch 2 [4]. Am 2015 No 19, Sch 6 [17].

Sec 40

Am 2018 No 70, Sch 4.123[1].

Chapter 2, Part 7 (secs 40A–40D)

Ins 2018 No 62, Sch 4 [2].

Chapter 3, Part 1, heading

Ins 2012 No 53, Sch 1.2 [1].

Sec 41A

Ins 2000 No 87, Sch 23.1 [1].

Sec 42

Am 1998 No 120, Sch 1.48 [1] [2]; 2001 No 94, Sch 6.2 [14]; 2012 No 53, Sch 1.2 [2].

Chapter 3, Part 2, heading

Ins 2012 No 53, Sch 1.2 [3].

Sec 42A

Ins 2000 No 87, Sch 2 [1].

Sec 42B

Ins 2001 No 61, Sch 2.2 [1]. Am 2015 No 19, Sch 6 [23] [24].

Sec 43

Am 2015 No 19, Sch 6 [25].

Sec 44

Am 2002 No 124, Sch 4.1 [1]–[4]; 2003 No 29, Sch 2 [1]; 2006 No 25, Sch 2 [5]; 2015 No 19, Sch 6 [26]–[28].

Sec 45

Am 2000 No 87, Sch 23.1 [2].

Sec 45A

Ins 2001 No 61, Sch 2.2 [2]. Am 2013 No 95, Sch 2.156 [1]; 2015 No 19, Sch 6 [4].

Sec 48

Subst 2012 No 53, Sch 1.2 [4].

Sec 48A

Ins 2012 No 53, Sch 1.2 [4].

Sec 49

Am 2012 No 53, Sch 1.2 [5]; 2013 No 47, Sch 2.45 [1].

Sec 51

Rep 2001 No 94, Sch 6.2 [15].

Sec 52

Am 2010 No 101, Sch 2 [2]; 2018 No 62, Sch 7.3 [1].

Sec 53

Am 2015 No 19, Sch 6 [17].

Sec 54

Am 1999 No 24, Sch 1 [2]; 2001 No 94, Sch 6.2 [16]; 2013 No 47, Sch 2.45 [2].

Sec 55A

Ins 2003 No 81, Sch 3.4 [3].

Sec 56

Am 2001 No 94, Sch 6.2 [17].

Sec 57

Rep 2012 No 53, Sch 1.2 [6].

Sec 58

Am 1998 No 120, Sch 1.48 [3].

Sec 59

Am 2001 No 61, Sch 2.2 [3].

Chapter 3, Part 3 (secs 59A–59E)

Ins 2012 No 53, Sch 1.2 [7].

Sec 60A

Ins 2001 No 61, Sch 4.2 [6].

Sec 61

Am 2015 No 19, Sch 6 [27]; 2018 No 62, Sch 7.3 [2].

Sec 64

Am 2010 No 101, Sch 2 [3].

Sec 65

Am 2010 No 101, Sch 2 [4].

Sec 66

Am 2000 No 87, Sch 3.1; 2001 No 34, Sch 4.75 [2].

Secs 67, 68

Rep 2001 No 61, Sch 4.2 [7].

Sec 70

Am 2001 No 94, Sch 6.2 [18].

Sec 71

Am 2001 No 61, Sch 6.2 [2].

Sec 72

Am 1999 No 41, Sch 4.18; 2004 No 106, Sch 2.8 [3]; 2017 No 10, Sch 5.15 [2].

Sec 73

Am 2001 No 61, Sch 6.2 [3]; 2005 No 113, Sch 1.1 [1] [2]; 2020 No 18, Sch 6.11[13].

Sec 74

Am 2000 No 87, Sch 6 [1] [2]; 2001 No 61, Sch 6.2 [4]; 2005 No 113, Sch 1.1 [3]–[5]. Subst 2012 No 53, Sch 11 [1]. Am 2018 No 62, Sch 1.2 [5].

Sec 74A

Ins 2001 No 61, Sch 5.2 [2].

Sec 75

Am 2001 No 61, Sch 6.2 [5] [6]; 2020 No 18, Sch 6.11[14].

Chapter 4, Part 2, Division 3

Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Sec 75A

Ins 2001 No 61, Sch 4.2 [8]. Rep 2015 No 19, Sch 6 [29].

Chapter 4, Part 2, Div 3, Subdiv 1

Ins 2018 No 62, Sch 1.2 [6].

Sec 76

Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Sec 77

Am 2000 No 87, Sch 23.1 [3]. Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Chapter 4, Part 2, Div 3, Subdiv 2

Ins 2018 No 62, Sch 1.2 [6].

Secs 78, 79

Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Sec 79A

Ins 2000 No 87, Sch 8.1 [1]. Rep 2015 No 19, Sch 6 [29].

Chapter 4, Part 2, Div 3, Subdiv 3

Ins 2018 No 62, Sch 1.2 [6].

Sec 80

Am 2000 No 87, Sch 8.1 [2]–[4]. Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[15].

Sec 81

Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Sec 81A

Ins 2000 No 87, Sch 8.1 [5]. Rep 2015 No 19, Sch 6 [29].

Secs 82, 83

Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Sec 84

Am 2000 No 87, Sch 23.1 [4]. Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Chapter 4, Part 2, Div 3, Subdiv 4

Ins 2018 No 62, Sch 1.2 [6].

Sec 85

Rep 2015 No 19, Sch 6 [29]. Ins 2018 No 62, Sch 1.2 [6].

Sec 86

Am 2000 No 87, Sch 22.1 [2]. Rep 2015 No 19, Sch 6 [29].

Sec 87

Rep 2015 No 19, Sch 6 [29].

Sec 88

Am 2000 No 87, Sch 23.1 [5] [6]. Rep 2015 No 19, Sch 6 [29].

Secs 89–91

Rep 2015 No 19, Sch 6 [29].

Sec 91A

Ins 2001 No 61, Sch 4.2 [9].

Sec 93

Am 2000 No 87, Sch 6 [3]; 2018 No 62, Sch 1.2 [7].

Sec 96

Am 2000 No 31, Sch 14 [1].

Sec 97

Am 2000 No 31, Sch 14 [2]; 2003 No 81, Sch 3.4 [4].

Sec 100A

Ins 2001 No 61, Sch 4.2 [10].

Sec 101

Am 2000 No 53, Sch 1.33 [2]; 2000 No 87, Sch 22.1 [3].

Secs 102, 103

Am 2000 No 53, Sch 1.33 [2].

Chapter 4, Part 2, Div 6, heading

Subst 2001 No 61, Sch 4.2 [11].

Sec 105

Subst 2001 No 61, Sch 4.2 [12]; 2001 No 94, Sch 5.2 [3]. Am 2002 No 23, Sch 1.15 [4]–[6]; 2012 No 53, Sch 1.2 [8]; 2018 No 62, Sch 1.2 [8].

Sec 106

Am 2001 No 61, Sch 6.2 [7]; 2009 No 96, Sch 30 [4]; 2012 No 54, Sch 3.8 [13]. Rep 2020 No 18, Sch 6.11[16].

Sec 107

Am 2001 No 61, Sch 6.2 [8] [9].

Sec 108

Am 2001 No 61, Sch 6.2 [10]; 2003 No 81, Sch 3.4 [4] [5].

Sec 109

Am 2001 No 61, Sch 6.2 [11] [12].

Sec 110

Am 2001 No 61, Sch 6.2 [13]–[15]; 2005 No 28, Sch 5.55 [1].

Sec 111

Am 2001 No 61, Schs 3.2 [1], 6.2 [16]; 2005 No 28, Sch 5.55 [2].

Sec 111A

Ins 2001 No 61, Sch 4.2 [13]. Subst 2001 No 94, Sch 5.2 [4].

Sec 112

Am 2005 No 113, Sch 3.1 [1]; 2015 No 7, Sch 2.46 [1].

Sec 113

Am 2005 No 113, Sch 3.1 [2] [3]; 2015 No 7, Sch 2.46 [2]–[4].

Sec 114

Am 2005 No 113, Sch 3.1 [4]; 2015 No 7, Sch 2.46 [2].

Sec 116

Am 2005 No 113, Sch 3.1 [5] [6]; 2015 No 7, Sch 2.46 [4] [5].

Sec 117

Am 2001 No 61, Sch 6.2 [17] [18]; 2001 No 94, Sch 6.2 [19].

Sec 118

Am 2000 No 77, Sch 3.9; 2014 No 64, Sch 2.14.

Sec 118A

Ins 2001 No 61, Sch 4.2 [14].

Sec 119

Am 2001 No 61, Sch 6.2 [19]; 2005 No 113, Sch 1.1 [6] [7]; 2015 No 19, Sch 1 [4]; 2020 No 18, Sch 6.11[17].

Sec 120

Am 2001 No 61, Sch 6.2 [20]; 2020 No 18, Sch 6.11[18].

Sec 121

Am 2000 No 87, Sch 1.1 [27].

Sec 124

Am 2015 No 19, Sch 6 [30] [31].

Sec 125

Am 2001 No 61, Sch 6.2 [21] [22]; 2020 No 18, Sch 6.11[19].

Sec 126

Am 2001 No 94, Sch 6.2 [20]; 2005 No 113, Sch 1.1 [8]; 2020 No 18, Sch 6.11[20].

Sec 127

Am 2000 No 87, Sch 7 [1]. Subst 2001 No 61, Sch 6.2 [23].

Sec 130

Am 2000 No 87, Sch 7 [2] [3].

Sec 131

Am 2001 No 61, Sch 3.2 [2] [3].

Sec 134

Am 2001 No 61, Schs 3.2 [4] [5], 6.2 [24].

Sec 135

Am 2001 No 61, Schs 3.2 [6] [7], 6.2 [25].

Sec 136

Am 2001 No 61, Sch 6.2 [26].

Sec 137

Am 2001 No 61, Sch 6.2 [27].

Sec 138

Am 2000 No 73, Sch 3.2; 2001 No 61, Sch 6.2 [28].

Sec 139

Am 2001 No 61, Sch 6.2 [29].

Sec 140

Am 2001 No 61, Sch 6.2 [30].

Sec 141

Am 2001 No 61, Sch 6.2 [31].

Sec 142

Am 2003 No 29, Sch 2 [2]; 2003 No 98, Sch 2 [1] [2]; 2005 No 113, Sch 3.1 [7]; 2015 No 7, Sch 2.46 [2].

Chapter 5

Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 1

Rep 2001 No 94, Sch 6.2 [21].

Sec 143

Am 1999 No 24, Sch 1 [3] [4]. Rep 2001 No 94, Sch 6.2 [21].

Sec 143A

Ins 2000 No 46, Sch 1 [2]. Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 2

Rep 2001 No 94, Sch 6.2 [21].

Sec 144

Am 2000 No 44, Sch 12.3 [4]; 2000 No 87, Sch 16.1 [1]. Rep 2001 No 94, Sch 6.2 [21].

Sec 145

Subst 1999 No 24, Sch 1 [5]. Rep 2000 No 46, Sch 1 [3].

Sec 146

Am 2000 No 87, Sch 10.1 [1]. Rep 2001 No 94, Sch 6.2 [21].

Sec 146A

Ins 2000 No 87, Sch 10.1 [2]. Rep 2001 No 94, Sch 6.2 [21].

Secs 147–149

Rep 2001 No 94, Sch 6.2 [21].

Sec 150

Am 2001 No 80, Sch 3.11. Rep 2001 No 94, Sch 6.2 [21].

Secs 151, 152

Rep 2001 No 94, Sch 6.2 [21].

Sec 153

Am 2000 No 87, Sch 16.1 [2]. Rep 2001 No 94, Sch 6.2 [21].

Sec 154

Am 2001 No 61, Sch 6.2 [32] [33]. Rep 2001 No 94, Sch 6.2 [21].

Sec 155

Rep 2001 No 94, Sch 6.2 [21].

Sec 155A

Ins 2000 No 87, Sch 13.1. Rep 2001 No 94, Sch 6.2 [21].

Sec 156

Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 3

Rep 2001 No 94, Sch 6.2 [21].

Sec 157

Am 2000 No 44, Sch 12.3 [5]. Rep 2001 No 94, Sch 6.2 [21].

Sec 158

Rep 2001 No 94, Sch 6.2 [21].

Sec 159

Am 2000 No 87, Sch 1.1 [28]. Rep 2001 No 94, Sch 6.2 [21].

Sec 160

Am 2000 No 44, Sch 12.3 [6]. Rep 2001 No 94, Sch 6.2 [21].

Secs 161–164

Rep 2001 No 94, Sch 6.2 [21].

Sec 165

Am 2000 No 87, Sch 21.1 [1]–[8]. Rep 2001 No 94, Sch 6.2 [21].

Sec 166

Rep 2001 No 94, Sch 6.2 [21].

Sec 167

Am 2000 No 44, Sch 12.3 [7]–[9]. Rep 2001 No 94, Sch 6.2 [21].

Sec 168

Rep 2001 No 94, Sch 6.2 [21].

Sec 169

Am 2001 No 34, Sch 4.75 [3]. Rep 2001 No 94, Sch 6.2 [21].

Sec 169A

Ins 2000 No 87, Sch 14.1 [1]. Rep 2001 No 94, Sch 6.2 [21].

Sec 170

Am 2000 No 44, Sch 12.3 [10]; 2000 No 87, Sch 16.1 [3]. Rep 2001 No 94, Sch 6.2 [21].

Sec 170A

Ins 2000 No 87, Sch 11.1. Rep 2001 No 94, Sch 6.2 [21].

Sec 171

Am 2000 No 44, Sch 12.3 [11] [12]; 2000 No 87, Schs 10.1 [3] [4], 12.1 [1]–[3]. Rep 2001 No 94, Sch 6.2 [21].

Sec 171A

Ins 2000 No 87, Sch 10.1 [5]. Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 4

Rep 2001 No 94, Sch 6.2 [21].

Sec 172

Am 2000 No 87, Sch 1.1 [29]. Rep 2001 No 94, Sch 6.2 [21].

Sec 173

Rep 2001 No 94, Sch 6.2 [21].

Sec 174

Am 2000 No 44, Sch 12.3 [13]; 2000 No 87, Sch 1.1 [30]. Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 5

Rep 2001 No 94, Sch 6.2 [21].

Sec 175

Am 2000 No 87, Sch 20.2 [2]; 2001 No 34, Sch 4.75 [4]. Rep 2001 No 94, Sch 6.2 [21].

Sec 175A

Ins 2000 No 87, Sch 20.2 [3]. Rep 2001 No 94, Sch 6.2 [21].

Sec 176

Am 2000 No 87, Sch 23.1 [7]. Rep 2001 No 94, Sch 6.2 [21].

Secs 177–183

Rep 2001 No 94, Sch 6.2 [21].

Sec 183A

Ins 2000 No 87, Sch 17.1. Rep 2001 No 94, Sch 6.2 [21].

Secs 184, 185

Rep 2001 No 94, Sch 6.2 [21].

Sec 186

Am 2001 No 34, Sch 4.75 [5]. Rep 2001 No 94, Sch 6.2 [21].

Sec 187

Am 2001 No 34, Sch 4.75 [6]. Rep 2001 No 94, Sch 6.2 [21].

Secs 188, 189

Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 6

Rep 2001 No 94, Sch 6.2 [21].

Secs 190, 191

Rep 2001 No 94, Sch 6.2 [21].

Sec 192

Am 2001 No 34, Sch 4.75 [7]. Rep 2001 No 94, Sch 6.2 [21].

Secs 193–199

Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 7

Rep 2001 No 94, Sch 6.2 [21].

Sec 200

Rep 2001 No 94, Sch 6.2 [21].

Sec 201

Am 1999 No 24, Sch 1 [6]. Rep 2001 No 94, Sch 6.2 [21].

Sec 202

Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 8

Rep 2001 No 94, Sch 6.2 [21].

Secs 203–205

Rep 2001 No 94, Sch 6.2 [21].

Sec 206

Am 2000 No 44, Sch 12.3 [14]. Rep 2001 No 94, Sch 6.2 [21].

Secs 207–217

Rep 2001 No 94, Sch 6.2 [21].

Chapter 5, Part 9

Rep 2001 No 94, Sch 6.2 [21].

Secs 218–222

Rep 2001 No 94, Sch 6.2 [21].

Sec 223

Am 2001 No 61, Sch 6.2 [34]. Rep 2001 No 94, Sch 6.2 [21].

Sec 224

Am 2001 No 61, Sch 6.2 [35] [36]. Rep 2001 No 94, Sch 6.2 [21].

Sec 225

Am 2001 No 61, Sch 6.2 [37]–[39]. Rep 2001 No 94, Sch 6.2 [21].

Sec 226

Am 2001 No 61, Sch 6.2 [40]. Rep 2001 No 94, Sch 6.2 [21].

Sec 227

Subst 2001 No 61, Sch 6.2 [41]. Rep 2001 No 94, Sch 6.2 [21].

Sec 228

Am 2001 No 34, Sch 4.75 [8]; 2001 No 61, Sch 6.2 [42]–[44]. Rep 2001 No 94, Sch 6.2 [21].

Secs 229, 230

Rep 2001 No 94, Sch 6.2 [21].

Sec 230A

Ins 2000 No 87, Sch 2 [2]. Am 2001 No 61, Sch 5.2 [3]; 2001 No 94, Sch 6.2 [22]; 2011 No 67, Sch 4.31 [13]; 2013 No 95, Sch 2.156 [2] [3]; 2015 No 19, Sch 6 [30] [32].

Sec 231

Am 2000 No 87, Sch 23.1 [8]; 2018 No 62, Sch 7.3 [3]–[6].

Sec 233

Am 2000 No 87, Sch 18.

Secs 235A, 235B

Ins 2000 No 87, Sch 14.1 [2].

Secs 235C, 235D

Ins 2001 No 61, Sch 4.2 [15].

Sec 237

Am 2000 No 87, Sch 1.1 [31]; 2001 No 94, Sch 6.2 [23]. Subst 2012 No 54, Sch 3.8 [14]. Am 2015 No 19, Sch 6 [33].

Sec 238

Am 2000 No 87, Schs 15.1 [1]–[3], 16.1 [4]; 2003 No 29, Sch 2 [3]; 2003 No 81, Sch 3.4 [6] [7]; 2009 No 96, Sch 30 [4]; 2012 No 53, Sch 11 [2]; 2012 No 54, Sch 3.8 [15]; 2015 No 19, Sch 6 [34].

Sec 238A

Ins 2000 No 87, Sch 15.1 [4]. Am 2002 No 103, Sch 4.98 [1]–[4]; 2012 No 53, Sch 11 [3]–[6].

Sec 238AA

Ins 2001 No 61, Sch 5.2 [4]. Am 2003 No 29, Sch 2 [4] [5]; 2003 No 81, Sch 3.4 [8]; 2009 No 96, Sch 30 [4]; 2012 No 53, Sch 11 [7]; 2012 No 54, Sch 3.8 [15]; 2015 No 19, Sch 6 [35].

Sec 238B

Ins 2000 No 87, Sch 15.1 [4]. Subst 2003 No 29, Sch 2 [6]. Am 2012 No 53, Sch 11 [8].

Sec 238C

Ins 2000 No 87, Sch 15.1 [4]. Am 2002 No 103, Sch 4.98 [5]; 2012 No 53, Sch 11 [9] [10].

Sec 239

Am 2001 No 61, Sch 6.2 [45]–[49]; 2003 No 81, Sch 3.4 [9]; 2005 No 113, Sch 3.1 [8]–[10]; 2020 No 18, Sch 6.11[21] [22].

Sec 240

Am 2000 No 87, Sch 1.1 [32]; 2001 No 94, Sch 6.2 [23]; 2004 No 56, Sch 2 [4]; 2004 No 111, Sch 5 [3]. Rep 2012 No 54, Sch 3.8 [3].

Sec 241

Am 2000 No 87, Sch 1.1 [33]; 2001 No 94, Sch 6.2 [24]; 2009 No 96, Sch 30 [2] [4] [6]; 2012 No 54, Sch 3.8 [15]. Rep 2015 No 19, Sch 6 [36].

Sec 242

Rep 2015 No 19, Sch 6 [36].

Sec 243

Am 2000 No 87, Sch 1.1 [34]; 2001 No 94, Sch 6.2 [25]; 2003 No 81, Sch 3.4 [10]; 2004 No 111, Sch 5 [4]; 2006 No 25, Sch 2 [6]; 2012 No 54, Sch 3.8 [16]; 2015 No 19, Sch 6 [37] [38]; 2018 No 62, Sch 4 [3].

Sec 243AA

Ins 2015 No 19, Sch 6 [39].

Sec 243A

Ins 2003 No 81, Sch 3.4 [11]. Rep 2018 No 62, Sch 4 [4].

Sec 244

Subst 2012 No 97, Sch 1.46.

Sec 245

Am 1999 No 85, Sch 2.77; 2007 No 94, Schs 2, 4; 2016 No 48, Sch 2.38 [1] [2]; 2024 No 41, Sch 2.36[1] [2].

Sec 245A

Ins 2001 No 94, Sch 10.2 [3]. Am 2011 No 67, Sch 4.31 [14].

Sec 246

Subst 2017 No 22, Sch 3.87.

Sec 247

Am 2000 No 87, Sch 23.1 [9] [10]; 2001 No 61, Sch 6.2 [50].

Sec 248A

Ins 2001 No 61, Sch 4.2 [16]. Am 2001 No 94, Sch 10.2 [4]–[7]. Rep 2012 No 54, Sch 3.8 [17].

Chapter 7

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 1

Ins 2001 No 61, Sch 4.2 [17].

Sec 250

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Schs 5.2 [5], 6.2 [26]; 2004 No 77, Sch 3.2; 2006 No 17, Sch 2.3; 2015 No 19, Sch 6 [4]; 2018 No 62, Sch 6.3.

Sec 251

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 5.2 [6].

Chapter 7, Part 2, Div 1

Ins 2001 No 61, Sch 4.2 [17].

Secs 252, 253

Ins 2001 No 61, Sch 4.2 [17].

Sec 254

Ins 2001 No 61, Sch 4.2 [17]. Am 2011 No 67, Sch 4.31 [15]; 2015 No 19, Sch 6 [27]; 2018 No 62, Sch 7.3 [7].

Secs 255, 256

Ins 2001 No 61, Sch 4.2 [17].

Sec 257

Ins 2001 No 61, Sch 4.2 [17]. Am 2010 No 101, Sch 2 [5].

Sec 258

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 2, Div 2

Ins 2001 No 61, Sch 4.2 [17].

Sec 259

Ins 2001 No 61, Sch 4.2 [17].

Sec 260

Ins 2001 No 61, Sch 4.2 [17]. Am 2010 No 101, Sch 2 [6]; 2015 No 19, Sch 6 [4].

Secs 261, 262

Ins 2001 No 61, Sch 4.2 [17].

Sec 263

Ins 2001 No 61, Sch 4.2 [17]. Am 2012 No 53, Sch 2.2 [1].

Sec 264

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 3

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 3, Div 1

Ins 2001 No 61, Sch 4.2 [17].

Sec 265

Ins 2001 No 61, Sch 4.2 [17].

Secs 266, 267

Ins 2001 No 61, Sch 4.2 [17]. Am 2015 No 19, Sch 6 [4].

Sec 268

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [8].

Sec 269

Ins 2001 No 61, Sch 4.2 [17].

Sec 270

Ins 2001 No 61, Sch 4.2 [17]. Am 2010 No 101, Sch 2 [7]; 2012 No 53, Sch 1.2 [9].

Sec 271

Ins 2001 No 61, Sch 4.2 [17]. Am 2018 No 62, Sch 1.2 [9].

Sec 272

Ins 2001 No 61, Sch 4.2 [17].

Sec 273

Ins 2001 No 61, Sch 4.2 [17]. Am 2013 No 47, Sch 2.45 [3] [4].

Chapter 7, Part 3, Div 2

Ins 2001 No 61, Sch 4.2 [17].

Sec 274

Ins 2001 No 61, Sch 4.2 [17]. Am 2018 No 62, Sch 1.2 [9].

Secs 275, 276

Ins 2001 No 61, Sch 4.2 [17].

Sec 277

Ins 2001 No 61, Sch 4.2 [17]. Am 2013 No 47, Sch 2.45 [3] [4].

Sec 278

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 3, Div 3

Ins 2001 No 61, Sch 4.2 [17].

Sec 279

Ins 2001 No 61, Sch 4.2 [17]. Am 2018 No 62, Sch 1.2 [9].

Sec 280

Ins 2001 No 61, Sch 4.2 [17]. Am 2015 No 19, Sch 6 [4].

Chapter 7, Part 3, Div 4

Ins 2001 No 61, Sch 4.2 [17].

Sec 280A

Ins 2001 No 94, Sch 1.2 [2].

Sec 280B

Ins 2010 No 101, Sch 2 [8]. Am 2012 No 53, Sch 2.2 [2].

Sec 281

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [3] [4]; 2015 No 19, Sch 6 [4]; 2018 No 62, Sch 1.2 [9] [10]; 2020 No 18, Sch 6.11[23].

Sec 282

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [5]; 2015 No 19, Sch 6 [4].

Chapter 7, Part 3, Div 5

Ins 2001 No 61, Sch 4.2 [17].

Sec 283

Ins 2001 No 61, Sch 4.2 [17]. Am 2015 No 19, Sch 6 [4].

Sec 284

Ins 2001 No 61, Sch 4.2 [17]. Am 2003 No 81, Sch 3.4 [12]; 2015 No 19, Sch 6 [4] [17]; 2020 No 18, Sch 6.11[24].

Secs 285, 286

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 4

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 4, Div 1, heading

Ins 2018 No 62, Sch 1.2 [11].

Sec 287

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [9].

Chapter 7, Part 4, Div 2

Ins 2018 No 62, Sch 1.2 [12].

Sec 287A

Ins 2005 No 113, Sch 1.1 [9]. Subst 2018 No 62, Sch 1.2 [12].

Sec 287B

Ins 2018 No 62, Sch 1.2 [12].

Chapter 7, Part 4, Div 3, heading

Ins 2018 No 62, Sch 1.2 [12].

Sec 288

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [10]; 2020 No 18, Sch 6.11[25].

Sec 289

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [11]; 2010 No 101, Sch 2 [9]; 2018 No 62, Sch 1.2 [13] [14].

Sec 289A

Ins 2005 No 113, Sch 1.1 [12]. Am 2020 No 18, Sch 6.11[26].

Sec 289B

Ins 2018 No 62, Sch 1.2 [15]. Am 2020 No 18, Sch 6.11[27].

Sec 290

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [10]–[12]; 2020 No 18, Sch 6.11[28]–[30].

Sec 291

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [13]; 2015 No 19, Sch 6 [4]. Rep 2018 No 62, Sch 1.2 [16].

Sec 292

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [13]; 2020 No 18, Sch 6.11[31].

Sec 293

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [14]–[16]; 2018 No 62, Sch 2.2 [1] [2]; 2020 No 18, Sch 6.11[32].

Sec 294

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[33].

Sec 294A

Ins 2001 No 94, Sch 10.2 [14]. Am 2020 No 18, Sch 6.11[29] [34] [35].

Chapter 7, Part 5, Div 1

Ins 2001 No 61, Sch 4.2 [17].

Sec 295

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [15].

Sec 296

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [16]; 2005 No 113, Sch 1.1 [17]; 2020 No 18, Sch 6.11[36] [37].

Chapter 7, Part 5, Div 2

Ins 2001 No 61, Sch 4.2 [17].

Sec 297

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [18]; 2010 No 101, Sch 2 [10]; 2012 No 53, Sch 1.2 [10]; 2018 No 62, Sch 1.2 [17]; 2020 No 18, Sch 6.11[37].

Sec 298

Ins 2001 No 61, Sch 4.2 [17].

Sec 299

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[37].

Secs 300, 301

Ins 2001 No 61, Sch 4.2 [17].

Sec 302

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[29] [34] [37].

Sec 303

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[37].

Sec 304

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 5, Div 2A

Ins 2005 No 113, Sch 1.1 [19].

Sec 304A

Ins 2005 No 113, Sch 1.1 [19].

Sec 304B

Ins 2005 No 113, Sch 1.1 [19]. Subst 2020 No 18, Sch 6.11[38].

Chapter 7, Part 5, Div 3

Ins 2001 No 61, Sch 4.2 [17].

Sec 305

Ins 2001 No 61, Sch 4.2 [17].

Sec 306

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[37].

Sec 307

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[36] [37].

Sec 308

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[36] [37] [39].

Secs 309, 310

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[37].

Chapter 7, Part 6

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6].

Chapter 7, Part 6, Div 1, heading

Ins 2001 No 94, Sch 1.2 [6].

Secs 311, 312

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6].

Chapter 7, Part 6, Div 2, heading

Ins 2001 No 94, Sch 1.2 [6].

Sec 313

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[40].

Sec 314

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6]. Am 2012 No 53, Sch 2.2 [3]; 2020 No 18, Sch 6.11[41].

Chapter 7, Part 6, Div 3, heading

Ins 2001 No 94, Sch 1.2 [6].

Sec 315

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6]. Am 2018 No 62, Sch 1.2 [9]; 2020 No 18, Sch 6.11[29].

Sec 316

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[29].

Sec 317

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[39] [42].

Sec 318

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [6].

Chapter 7, Part 6, Div 4

Ins 2001 No 94, Sch 1.2 [6].

Sec 318A

Ins 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[29] [43].

Secs 318B, 318C

Ins 2001 No 94, Sch 1.2 [6].

Sec 318D

Ins 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[44].

Sec 318E

Ins 2001 No 94, Sch 1.2 [6].

Sec 318F

Ins 2001 No 94, Sch 1.2 [6]. Rep 2020 No 18, Sch 6.11[45].

Sec 318G

Ins 2001 No 94, Sch 1.2 [6]. Rep 2020 No 18, Sch 6.11[46].

Sec 318H

Ins 2001 No 94, Sch 1.2 [6]. Am 2015 No 19, Sch 6 [17].

Chapter 7, Part 6, Div 5

Ins 2001 No 94, Sch 1.2 [6].

Sec 318I

Ins 2001 No 94, Sch 1.2 [6]. Am 2020 No 18, Sch 6.11[47] [48].

Chapter 7, Part 7

Ins 2001 No 61, Sch 4.2 [17].

Sec 319

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [7]; 2020 No 18, Sch 6.11[49].

Sec 320

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [17]; 2002 No 124, Sch 4.1 [5]; 2004 No 111, Sch 5 [5]; 2010 No 101, Sch 2 [11]; 2012 No 54, Sch 3.8 [18] [19]. Rep 2020 No 18, Sch 6.11[50].

Sec 321

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [20]; 2018 No 62, Sch 2.2 [3] [4]; 2020 No 18, Sch 6.11[51]; 2021 No 32, Sch 1.21[2].

Sec 321A

Ins 2018 No 62, Sch 2.2 [5]. Am 2020 No 18, Sch 6.11[52].

Sec 322

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [9] [10]; 2005 No 113, Sch 1.1 [21]; 2015 No 19, Sch 6 [4]; 2020 No 18, Sch 6.11[53].

Sec 322A

Ins 2012 No 53, Sch 2.2 [4]. Am 2018 No 62, Sch 2.2 [6]–[8]; 2020 No 18, Sch 6.11[54].

Sec 323

Ins 2001 No 61, Sch 4.2 [17]. Am 2003 No 29, Sch 2 [7]; 2015 No 19, Sch 6 [4]; 2020 No 18, Sch 6.11[55].

Sec 324

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11 [56]–[58].

Sec 325

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Schs 1.2 [11], 10.2 [18]; 2020 No 18, Sch 6.11[59] [60].

Sec 326

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [12]–[14].

Sec 327

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [15]–[17]; 2005 No 113, Schs 1.1 [22] [23], 3.1 [12]; 2010 No 101, Sch 2 [12] [13]; 2015 No 7, Sch 2.46 [6] [7]; 2020 No 18, Sch 6.11[61] [62].

Sec 328

Ins 2001 No 61, Sch 4.2 [17]. Am 2010 No 101, Sch 2 [14]; 2015 No 19, Sch 6 [4]; 2020 No 18, Sch 6.11[63].

Sec 329

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 1.2 [18]; 2005 No 113, Sch 1.1 [24] [25]; 2020 No 18, Sch 6.11[64].

Sec 330

Ins 2001 No 61, Sch 4.2 [17]. Am 2020 No 18, Sch 6.11[65].

Sec 331

Ins 2001 No 61, Sch 4.2 [17]. Am 2015 No 19, Sch 6 [4]; 2020 No 18, Sch 6.11[66] [67].

Chapter 7, Part 8, Div 1

Ins 2001 No 61, Sch 4.2 [17].

Sec 332

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 3.1 [13]; 2015 No 7, Sch 2.46 [8] [9].

Sec 333

Ins 2001 No 61, Sch 4.2 [17].

Sec 334

Ins 2001 No 61, Sch 4.2 [17]. Subst 2005 No 113, Sch 3.1 [14]. Am 2015 No 7, Sch 2.46 [10].

Sec 335

Ins 2001 No 61, Sch 4.2 [17]. Subst 2005 No 113, Sch 3.1 [14]. Am 2015 No 7, Sch 2.46 [11].

Sec 336

Ins 2001 No 61, Sch 4.2 [17].

Chapter 7, Part 8, Div 2

Ins 2001 No 61, Sch 4.2 [17].

Sec 337

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [19]; 2005 No 113, Sch 3.1 [15]; 2015 No 7, Sch 2.46 [2].

Sec 338

Ins 2001 No 61, Sch 4.2 [17].

Sec 339

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 3.1 [16]; 2015 No 7, Sch 2.46 [2].

Chapter 7, Part 8, Div 3

Ins 2001 No 61, Sch 4.2 [17].

Sec 340

Ins 2001 No 61, Sch 4.2 [17]. Subst 2001 No 94, Sch 1.2 [19]. Am 2005 No 113, Sch 3.1 [17].

Sec 341

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 3.1 [18] [19]. Subst 2012 No 53, Sch 11 [11].

Sec 342

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 3.1 [20]–[22]. Rep 2012 No 53, Sch 11 [11].

Sec 343

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 3.1 [23]. Rep 2012 No 53, Sch 11 [11].

Sec 344

Ins 2001 No 61, Sch 4.2 [17].

Sec 345

Ins 2001 No 61, Sch 4.2 [17]. Am 2003 No 81, Sch 3.4 [13]; 2005 No 113, Sch 3.1 [24] [25]. Rep 2012 No 53, Sch 11 [11].

Chapter 7, Part 8, Div 3A, heading

Ins 2001 No 94, Sch 1.2 [21].

Sec 346

Ins 2001 No 61, Sch 4.2 [17]. Rep 2001 No 94, Sch 1.2 [20]. Ins 2001 No 94, Sch 1.2 [21].

Chapter 7, Part 8, Div 4

Ins 2001 No 61, Sch 4.2 [17].

Sec 347

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [20]; 2005 No 113, Sch 3.1 [26] [27]; 2015 No 7, Sch 2.46 [12]–[15]; 2020 No 18, Sch 6.11[68].

Sec 348

Ins 2001 No 61, Sch 4.2 [17]. Rep 2005 No 113, Sch 3.1 [28].

Chapter 7, Part 9, heading

Ins 2001 No 61, Sch 4.2 [17]. Subst 2020 No 18, Sch 6.11[69].

Chapter 7, Part 9

Ins 2001 No 61, Sch 4.2 [17].

Secs 349, 350

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[70].

Sec 351

Ins 2001 No 61, Sch 4.2 [17]. Am 2003 No 29, Sch 2 [8]; 2020 No 18, Sch 6.11[71]–[74].

Sec 352

Ins 2001 No 61, Sch 4.2 [17]. Am 2004 No 56, Sch 2 [5]; 2005 No 113, Schs 1.1 [26] [27], 3.1 [29]; 2010 No 101, Sch 2 [15]–[18]; 2015 No 7, Sch 2.46 [6] [7]; 2018 No 62, Sch 2.2 [9]; 2020 No 18, Sch 6.11[75]–[77]; 2021 No 32, Sch 1.21[3].

Sec 353

Ins 2001 No 61, Sch 4.2 [17]. Am 2002 No 99, Sch 3.7; 2020 No 18, Sch 6.11[71] [78]; 2022 No 26, Sch 2.34.

Sec 354

Ins 2001 No 61, Sch 4.2 [17]. Am 2005 No 113, Sch 1.1 [28]. Rep 2020 No 18, Sch 6.11[70].

Sec 355

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [21]. Rep 2020 No 18, Sch 6.11[70].

Sec 356

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[70].

Sec 357

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [22] [23]. Rep 2020 No 18, Sch 6.11[70].

Secs 358–362

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[70].

Sec 363

Ins 2001 No 61, Sch 4.2 [17]. Rep 2003 No 29, Sch 2 [9].

Sec 364

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [24] [25]. Rep 2020 No 18, Sch 6.11[70].

Sec 365

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [26] [27]. Rep 2020 No 18, Sch 6.11[70].

Chapter 7, Part 10, Div 1

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[79].

Secs 366, 367

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[79].

Sec 368

Ins 2001 No 61, Sch 4.2 [17]. Subst 2010 No 18, Sch 1 [1]. Rep 2020 No 18, Sch 6.11[79].

Sec 369

Ins 2001 No 61, Sch 4.2 [17]. Am 2006 No 58, Sch 3.24. Rep 2020 No 18, Sch 6.11[79].

Sec 370

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[79].

Sec 371

Ins 2001 No 61, Sch 4.2 [17]. Am 2001 No 94, Sch 10.2 [28]; 2005 No 113, Sch 1.1 [29]. Rep 2020 No 18, Sch 6.11[79].

Sec 372

Ins 2001 No 61, Sch 4.2 [17]. Subst 2003 No 29, Sch 1 [10]. Rep 2020 No 18, Sch 6.11[79].

Sec 373

Ins 2001 No 61, Sch 4.2 [17]. Rep 2020 No 18, Sch 6.11[79].

Sec 374

Ins 2001 No 61, Sch 4.2 [17]. Am 2003 No 29, Sch 1 [11]–[13]; 2014 No 33, Sch 3.35 [5]–[7]; 2018 No 70, Sch 4.123 [2]. Rep 2020 No 18, Sch 6.11[79].

Sec 375

Ins 2001 No 61, Sch 4.2 [17]. Am 2003 No 29, Sch 1 [14]. Rep 2020 No 18, Sch 6.11[79].

Chapter 7, Part 10, Div 2, heading

Am 2015 No 19, Sch 6 [40].

Chapter 7, Part 10, Div 2

Ins 2001 No 61, Sch 4.2 [17].

Sec 376

Ins 2001 No 61, Sch 4.2 [17]. Am 2004 No 111, Sch 5 [6]; 2015 No 19, Sch 6 [4]; 2020 No 18, Sch 6.11[80] [81].

Sec 377

Ins 2001 No 61, Sch 4.2 [17]. Am 2015 No 19, Sch 6 [4].

Chapter 7, Part 11

Ins 2005 No 113, Sch 1.1 [30]. Rep 2020 No 18, Sch 6.11[82].

Sec 378

Ins 2005 No 113, Sch 1.1 [30]. Subst 2010 No 101, Sch 2 [19]. Rep 2020 No 18, Sch 6.11[82].

Sch 1

Am 2001 No 61, Sch 6.2 [51] [52]; 2001 No 107, Sch 7.13 [2]–[4]; 2003 No 97, Sch 2 [3]; 2005 No 113, Sch 2.1 [1]–[4]; 2009 No 106, Sch 5.26; 2018 No 59, Schs 5.1, 5.7; 2018 No 68, Sch 2.35 [1]–[3].

Sch 2

Subst 2000 No 87, Sch 1.1 [35]. Am 2001 No 61, Sch 5.2 [5]; 2004 No 111, Sch 5 [7]. Rep 2012 No 54, Sch 3.8 [20].

Sch 3

Am 2001 No 94, Sch 10.2 [29]; 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [21].

Sch 3A

Ins 2004 No 56, Sch 2 [6]. Am 2009 No 96, Sch 30 [2]. Rep 2012 No 54, Sch 3.8 [22].

Sch 4

Am 1998 No 120, Sch 1.48 [4]; 1999 No 24, Sch 1 [7]; 2000 No 87, Sch 1.1 [36]. Rep 2001 No 94, Sch 6.2 [27].

Sch 5

Rep 2000 No 87, Sch 1.1 [37]. Ins 2001 No 61, Sch 4.2 [18]. Am 2002 No 23, Sch 1.15 [7] [8]; 2004 No 111, Sch 5 [8]; 2010 No 18, Sch 1 [2]–[6]; 2014 No 33, Sch 3.35 [8]; 2016 No 48, Sch 2.38 [3], 2019 No 20, Sch 1.28[1] [2]. Rep 2020 No 18, Sch 6.11[83].

Sch 5A

Ins 2000 No 87, Sch 2 [3]. Am 2003 No 81, Sch 3.4 [14] [15].

Sch 6

Rep 2001 No 61, Sch 6.2 [53].

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