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WORKERS COMPENSATION ACT 1951


TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  

CHAPTER 2--INTERPRETATION GENERALLY

   2.      Dictionary  
   3.      Notes  
   3A.     Offences against Act—application of Criminal Code etc  
   4.      Meaning of injury  
   5.      Meaning of employer  
   6.      Meaning of totally incapacitated  
   7.      Meaning of partially incapacitated  
   7A.     Meaning of total wages  

CHAPTER 3--MEANING OF WORKER NOTES ABOUT CH 3

   8.      Who is a worker?  
   9.      Who is not a worker?  
   10.     Casuals not employed for trade or business  
   11.     Regular contractors and casuals  
   12.     Labour hire arrangements  
   13.     Liability of principal for uninsured contractor's injured  
   14.     Trainees  
   15.     Outworkers  
   16.     Timber contractors  
   16A.    Family day care educators  
   17.     Religious workers  
   17A.    Volunteers  
   18.     Commercial voluntary workers  
   19.     Public interest voluntary workers  

CHAPTER 4--ENTITLEMENT TO COMPENSATION

   PART 4.1--IMPORTANT CONCEPTS

   20.     Meaning of cpi indexed and awe indexed  
   21.     Working out average pre-incapacity weekly earnings for  
   22.     Working out average pre-incapacity weekly earnings for contractor  
   23.     Working out average pre-incapacity weekly hours for non-contractor  
   24.     Working out average pre-incapacity weekly hours for contractor  
   25.     Overtime—hours and wages  
   26.     Gradual onset of incapacity  
   27.     Compensation for death or incapacity through disease  
   28.     Employment-related diseases  
   29.     Compensation for disease  

   PART 4.2--COMPENSATION FOR PERSONAL INJURY

   31.     General entitlement to compensation for personal injury  
   32.     Amounts of compensation under Act cumulative  
   33.     Payments to people with legal disabilities  
   34.     Injury outside Australia  
   35.     When is a worker taken to be totally incapacitated?  
   36.     Journey claims  

   PART 4.2A--EMPLOYMENT CONNECTION WITH ACT OR STATE

   36A.    Meaning of Territory or State of connection etc  
   36B.    Employment connection test  
   36C.    Determination of Territory or State of connection in workers compensation  
   36D.    Determination of Territory or State of connection by Magistrates Court  
   36E.    Recognition of previous determinations of Territory or State of  
   36F.    No ACT compensation if external compensation received  

   PART 4.3--WEEKLY COMPENSATION

   36G.    Definitions—pt 4.3  
   37.     What if the worker is dead?  
   38.     When do weekly compensation payments begin etc?  
   39.     Entitlement to weekly compensation for first 26 weeks of incapacity  
   40.     Entitlement to weekly compensation after first 26 weeks of incapacity  
   41.     Entitlement to weekly compensation after 26 weeks of total incapacity  
   42.     Entitlement to weekly compensation after 26 weeks of partial incapacity  
   43.     Stopping payments for total incapacity  
   43A.    Stopping payments for partial incapacity  
   43B.    Effect on payment period of loss of entitlement to weekly  
   44.     Living outside Australia  
   45.     Effect of living outside Australia if compensation still payable  
   46.     Effect of payment of weekly compensation on other benefits etc  
   47.     No assignment etc of weekly compensation  

   PART 4.4--COMPENSATION FOR PERMANENT INJURIES

   48.     Meaning of loss  
   49.     Meaning of single loss amount  
   50.     Meaning of maximum loss amount  
   51.     Compensation for permanent injuries generally  
   53.     Compensation for 2 or more losses  
   54.     Compensation and left-handedness  
   55.     Compensation for combination of items  
   56.     Compensation for only arm, leg, hand or foot  
   57.     Compensation for loss of sexual organs  
   58.     Loss of bowel function  
   59.     Proportionate loss of use  
   60.     Special provisions for HIV/AIDS  
   61.     Deduction for previous injury or pre-existing condition  
   62.     Further loss and deductible proportions  
   63.     Loss of hearing because of age  
   64.     No compensation for less than 6% hearing loss  
   65.     Presumption to be drawn from refusal to submit to hearing examination  
   66.     Employer's responsibility to pay for hearing loss tests  
   67.     Reimbursement for costs of medical certificate and examination  
   68.     Limited entitlement if death happens within 3 months  

   PART 4.5--COMPENSATION FOR MEDICAL TREATMENT, DAMAGE AND OTHER COSTS

   69.     Application—pt 4.5  
   70.     Employer liability for medical treatment etc  
   71.     Claim for compensation for pt 4.5  
   72.     Second assessments  
   73.     Payments for medical treatment received from hospital  
   73A.    Working out costs of alterations to residences  
   73B.    Payments for costs of alterations to residences  
   74.     Transport costs other than private car  
   75.     Working out transport costs for private cars  
   76.     Costs of accommodation and meals  

   PART 4.6--COMPENSATION FOR DEATH

   77.     Death benefits  
   78.     Payment into court of lump sum death benefits  

   PART 4.7--REGISTRATION OF AGREEMENTS FOR COMPENSATION

   79.     Registration of agreements for compensation  
   80.     Effect of registration of agreements  
   81.     Cancellation or amendment of registered agreements  

   PART 4.8--EXCEPTIONS TO ENTITLEMENTS TO COMPENSATION

   82.     When is compensation under Act generally not payable?  
   83.     No compensation while imprisoned  
   84.     Compensation for sporting injuries  

CHAPTER 5--INJURY MANAGEMENT PROCESS

   PART 5.1--OBJECT AND DEFINITIONS FOR CH 5

   85.     Object—ch 5  
   85A.    Meaning of injured worker and personal injury  
   86.     Definitions—ch 5  
   86A.    Meaning of insurer for ch 5  
   87.     Meaning of employer and insurer if more than 1  

   PART 5.2--GENERAL OBLIGATIONS

   88.     Insurer to establish etc injury management program  
   89.     Insurer to give effect to injury management program  
   90.     Insurer's obligation of prompt payment  
   91.     Employer's obligations for injury management programs  
   92.     Register of injuries  

   PART 5.3--OBLIGATIONS ON INJURY

   93.     Early notification of workplace injury  
   94.     Injury notice  
   94A.    Uninsured employer to give DI fund manager injury notice etc  
   94B.    Liquidator to give DI fund manager injury notice etc  
   94C.    Injured workers of uninsured employers may give DI fund manager injury  
   95.     What if employer does not give notice of injury within time?  
   96.     Obligations of insurer on being notified of injury  

   PART 5.4--OBLIGATIONS IN RELATION TO PERSONAL INJURY PLANS

   96A.    Application—pt 5.4  
   97.     Personal injury plan for worker with significant injury  
   98.     Provision of information about personal injury plan  
   99.     Vocational rehabilitation  
   99A.    Appointment of approved rehabilitation provider under personal injury  
   100.    Employer's personal injury plan obligations  
   101.    Worker's personal injury plan obligations  
   102.    Nomination of doctor for personal injury plan  
   103.    Subsequent medical certificates under personal injury plan  

   PART 5.4A--RETURN-TO-WORK COORDINATORS

   103A.   Definitions—pt 5.4A  
   103B.   Application—pt 5.4A  
   103C.   Appointment  
   103D.   Functions  
   103E.   Employer's obligations  
   103F.   Register of return-to-work coordinators  

   PART 5.5--OTHER OBLIGATIONS

   104.    Injured worker's obligation to return to work  
   105.    Employer must provide suitable work for full-time, part-time and casual  
   106.    Employer must provide suitable work for contract workers  
   107.    Payment of cost of medical treatment and rehabilitation services for injured  
   108.    Second injury arrangements  
   109.    Workplace rehabilitation  
   110.    Return-to-work guidelines  

   PART 5.5A--OBLIGATIONS IN RELATION TO LTCS PARTICIPANTS

   110A.   LTCS participants—provision of information about assessment of treatment and  

   PART 5.6--COMPLIANCE WITH CH 5

   111.    Obligation of Minister  
   112.    Compliance by insurers, including DI fund  
   113.    Compliance by workers  
   114.    Unreasonableness in stopping payment  
   115.    Liability not affected  

CHAPTER 6--CLAIMS

   PART 6.1--MAKING CLAIMS

   116.    Making claim for compensation  
   117.    Claim for property loss or damage  
   118.    Medical certificates and claims for compensation  
   119.    No compliant certificate with claim  
   120.    Time for taking proceedings generally  
   121.    Time for making claim under pt 4.4  
   122.    When is a claim made?  
   123.    Injury notice  
   124.    No notice or defective or inaccurate notice  
   125.    Admissibility of statements by injured workers  
   126.    Action by employer in relation to claims  
   126A.   Lump sum claims—notice by licensed insurers about double compensation  

   PART 6.2--TIME FOR ACCEPTING OR REJECTING CLAIMS

   127.    Meaning of insurer and given to insurer for pt  
   128.    Claim—injury other than imminently fatal asbestos-related disease  
   128A.   Claim—imminently fatal asbestos-related disease  
   129.    Rejecting claims generally  
   130.    Rejecting claim within 28 days  
   131.    Rejecting claims after 28 days but within 1 year  
   132.    Rejecting claims from 1 year  

   PART 6.3--LIABILITY ON CLAIMS

   133.    Without prejudice payments  
   134.    Liability on claim not accepted or rejected  
   135.    Order for refund of overpayments of compensation  

   PART 6.4--SETTLEMENT OF CLAIMS

   136.    Contracting out  
   137.    How worker may commute rights  
   138.    No assignment etc of payout of weekly compensation  

CHAPTER 7--VOCATIONAL REHABILITATION

   139.    Meaning of approved rehabilitation provider etc  
   140.    Meaning of vocational rehabilitation  
   141.    Meaning of protocol in ch 7 etc  
   142.    Vocational rehabilitation  
   142A.   Vocational rehabilitation—LTCS participants  
   143.    False representation of approval  

CHAPTER 8--INSURANCE

   PART 8.1--INSURANCE--GENERAL

           Division 8.1.1--Interpretation

   143A.   Definitions  
   144.    Meaning of compulsory insurance policy  

           Division 8.1.2--Licences—insurers

   145.    Requirement to hold insurer licence  
   145A.   Application for insurer licence  
   145B.   Regulator may request more information  
   145C.   Change of information must be provided  
   145D.   Issue of insurer licence  
   145E.   Insurer licence—conditions  
   145F.   Insurer licence—period  
   145G.   Insurer licence—surrender  
   145H.   Providing insurance services without insurer licence  
   145I.   Breach of insurer licence condition  
   145J.   Regulations about insurer licences  

           Division 8.1.3--Licences—self-insurers

   145K.   Requirement to hold self-insurer licence  
   145L.   Application for self-insurer licence  
   145M.   Regulator may request more information  
   145N.   Change of information must be provided  
   145O.   Issue of self-insurer licence  
   145P.   Self-insurer licence—conditions  
   145Q.   Self-insurer licence—period  
   145R.   Self-insurer licence—surrender  
   145S.   Failing to hold a self-insurer licence  
   145T.   Breach of self-insurer licence condition  
   145U.   Regulations about self-insurer licences  

           Division 8.1.4--Licences—compliance and other requirements

   146.    Effect of cancellation or suspension of insurer licence  
   146A.   Effect of cancellation or suspension of self-insurer licence  
   147.    Compulsory insurance—employers  
   147A.   Compulsory insurance—offences  
   147B.   Compulsory insurance policy—minimum premium following default  
   148.    Effect of failure to maintain compulsory insurance on other insurance etc for this  
   149.    Failure to maintain compulsory insurance policy—regulator entitled to recovery  
   150.    Evidence of maintenance of compulsory insurance policy  
   152.    Compulsory insurance—licensed insurers  
   153.    Cancellation  
   154.    Cover notes  
   155.    Information for licensed insurers on application for issue or renewal of  
   155A.   Employer must notify licensed insurer of certain corrected  
   156.    Information for licensed insurers after renewal of policies  
   157.    Information for licensed insurers after end or cancellation of policies  
   158.    Information for new licensed insurers after change of licensed insurers  
   160.    Certificate of currency  
   161.    Requirement to produce certificate of currency  
   162.    False information causing lower premium  
   162A.   Avoiding payment of premium—regulator entitled to recovery  
   162B.   Cease business order  
   163.    Employment after 2nd offence  
   164.    Provision of information to Minister  

           Division 8.1.5--Regulatory action

   164A.   Meaning of regulatory action—div 8.1.5  
   164B.   When regulatory action may be taken  
   164C.   Notification of proposed regulatory action  
   164D.   Taking regulatory action  
   164E.   Not taking regulatory action  
   164F.   Regulatory action in another jurisdiction  
   164G.   Effect of suspension  

   PART 8.2--DEFAULT INSURANCE FUND

           Division 8.2.1--Definitions for pt 8.2

   165.    Definitions—pt 8.2  

           Division 8.2.2--Establishment etc of DI fund

   166.    Establishment of DI fund  
   166A.   Purpose of DI fund  
   166AA.  DI fund—compensation for imminently fatal asbestos-related  
   166B.   Payments out of DI fund  
   166C.   Appointment of DI fund manager  
   166D.   DI fund manager's functions etc  
   166F.   DI fund manager may engage consultants including claims  
   166G.   Claims manager's functions  
   166H.   Engagement of DI fund actuary  
   166I.   Delegation by DI fund manager  

           Division 8.2.3--Administration of DI fund

   167.    Accounts for DI fund  
   167A.   Investments of amounts of DI fund  
   167B.   Borrowing for DI fund  
   167C.   Audit of DI fund  
   167D.   Information and assistance by employer to DI fund manager  
   167E.   Assessment of financial position  
   167F.   Determination that policy in force despite absence of record  

           Division 8.2.4--Contributions to DI fund

   168.    Licensed insurers and licensed self-insurers must give information  
   168A.   Contributions to DI fund by licensed insurers and licensed self-insurers  
   168AA.  Supplementary contributions to DI fund by licensed insurers and licensed  

           Division 8.2.5--DI fund's relationship with liquidators of licensed insurers

   169.    Displacement of liquidator's Corporations Act obligation  
   169A.   Payment to DI fund of amounts recovered by liquidator from  
   169B.   Payment to DI fund of amounts recovered by liquidator using fund  
   169C.   Rights of DI fund manager against licensed insurer  
   169D.   Liquidator to notify DI fund manager of dissolution  

           Division 8.2.6--Making claims for payment

   170.    Who may make claim for payment  
   170A.   When must claim for payment be made  
   170B.   How claim for payment made if no licensed insurer  
   170C.   How claim for payment made if licensed insurer not wound up  
   170D.   How claim for payment made if licensed insurer wound up  
   170E.   Claim for payment if employer to pay and liability not covered by compulsory insurance  
   170F.   Claim for payment if final judgment etc and liability not covered by compulsory  
   170G.   Claim for payment if agreement to discharge liability at common law and liability not  
   170H.   Claim for payment if final judgment etc and liability covered by compulsory insurance  
   170HA.  Claim for payment if entitlement to claim compensation and licensed self-insurer  
   170HB.  Claim for payment if final judgment etc and licensed self-insurer unable to cover  
   170I.   Claim for payment if entitlement to claim compensation and liability covered by  
   170J.   Liquidator to forward claims to DI fund manager  
   170K.   Power of Supreme Court to set aside agreements  
   170L.   Treatment of set aside agreement  
   170M.   Time-barred rights after agreement set aside  
   170N.   Proceeding after agreement set aside  

           Division 8.2.7--Payment of claims

   171.    Payments out of DI fund  
   171A.   Reopening of agreements and awards  
   171B.   Deciding or re-deciding claim  
   171C.   Approval of terms of settlement by court  
   171D.   DI fund paying claims for payment if liability not completely covered by a  
   171E.   DI fund paying claims for payment against licensed insurers and licensed  
   171F.   Liquidators to account to DI fund manager  
   171G.   Intervention by DI fund manager  
   171H.   DI fund manager may act  
   171I.   Effect of payment of claims  

           Division 8.2.8--Default insurance fund—miscellaneous

   172.    Proceedings to be in the name of ‘Workers Compensation Default Insurance Fund  
   172A.   DI fund manager may consent to judgment etc  
   173.    DI fund manager not personally liable  
   176.    Premiums—maximum rates  
   177.    Premiums—remuneration for professional sporting activity  
   178.    Workers' rights to information  
   179.    Regulations to allow Minister to authorise people  

   PART 8.3--ACTS OF TERRORISM

   179A.   Application of pt 8.3 to insurers  
   179B.   Definitions—pt 8.3  
   179C.   Meaning of act of terrorism for pt 8.3  
   179D.   Terrorism cover temporary reinsurance fund  
   179E.   Entitlement of insurers to reimbursement from temporary fund  
   179F.   Payments out of temporary fund  
   179G.   Regulations about temporary fund  
   179H.   Exclusion of Corporations legislation  
   179I.   Review of payments out of temporary fund  

CHAPTER 9--COMMON LAW DAMAGES

   PART 9.1--INTERPRETATION AND APPLICATION--CH 9

   180.    Definitions—ch 9  
   181.    References to person who recovers damage etc  
   182.    Payments by DI fund manager  

   PART 9.2--CHOICE OF LAW

   182A.   Definitions—pt 9.2  
   182B.   Meaning of substantive law  
   182C.   Meaning of damages claim  
   182D.   Applicable substantive law for damages claims  
   182E.   Claims to which pt 9.2 applies  

   PART 9.3--COMPENSATION AND COMMON LAW DAMAGES

   182EA.  Application to participate in LTCS scheme  
   182F.   Lump sum claims—notice by lawyers to clients about repayment  
   183.    Remedies against employer and stranger  
   184.    No compensation if damages received  
   185.    Dependants recovering damages and not claiming compensation  
   186.    Discharge of liability out of payments into court  

   PART 9.4--LTCS SCHEME PARTICIPANTS

   186A.   LTCS scheme participant—no damages etc for treatment, care and  
   186B.   Effect of payments under LTCS Act on limitation period  

CHAPTER 10--INSPECTION

   187.    Definitions—ch 10  
   188.    Inspectors  
   189.    Identity cards  
   190.    Provision of information to inspectors  
   191.    Powers of entry  
   192.    Notification of entry  
   192A.   General powers on entry  
   192B.   Premises used for residential purposes  
   193.    Search warrants  

CHAPTER 11--PROCEDURE FOR PAYMENT OF COMPENSATION

   195.    Conciliation and arbitration  
   196.    Admissibility of statements by injured workers  
   197.    Appeals  

CHAPTER 12--NOTIFICATION AND REVIEW OF DECISIONS

   198.    Definitions—ch 12  
   199.    Application—ch 12  
   199A.   Notice of reviewable decisions  
   199B.   Internal review of certain decisions  
   199C.   Applications for internal review  
   199D.   Internal review  
   199E.   Review of decisions by ACAT  

CHAPTER 13--MISCELLANEOUS

   200.    Secrecy  
   200A.   Record keeping  
   201.    Medical referees  
   201A.   Civil liability of executive officers  
   202.    Time for beginning prosecutions  
   203.    Criminal liability of executive officers  
   204.    Court-directed publicity for offences  
   205.    Publication by regulator of convictions etc  
   206.    Minister must take advice  
   208.    Directions about procedure  
   209.    References to Workers' Compensation Act etc  
   210.    Apportioning cost of administering workers compensation and safety  
   210A.   Notice of apportioned liability  
   211.    Amounts for administering workers compensation and safety  
   221.    Determination of fees  
   222.    Approved forms  
   223.    Regulation-making power  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES


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