Australian Capital Territory Numbered Regulations

WORKERS COMPENSATION REGULATIONS 2002 (NO 20 OF 2002)

- made under the Workers Compensation Act 1951

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of regulations  
   2.       Commencement  

   PART 2--INTERPRETATION GENERALLY

   3.      Dictionary  
   4.      Notes  
   5.      Approval of medical guidelines  
   6.      Meaning of clinically relevant research  
   7.      Approval of clinically relevant research  
   8.      Meaning of evidence-based methodology  

   PART 3--MEDICAL ASSESSMENTS

           Division 3.1--How medical assessments must be done

   9.      Using evidence-based methodology  

           Division 3.2--Medical specialists

   10.     Assessment by medical specialist—request by other than nominated treating  
   11.     Specialist's report about assessment  
   12.     Medical specialist as new nominated treating doctor  

   PART 4--MEDICAL REFEREES

   13.     Consultation about appointment of medical referees  
   14.     Medical referee to review medical evidence etc  
   15.     Medical referee's report  

   PART 5--REHABILITATION PROVIDERS

           Division 5.1--Preliminary

   16.     Meaning of psycho-social factor  

           Division 5.2--Approval of rehabilitation providers

   17.     Minister may approve rehabilitation providers  
   18.     Factors for approval as rehabilitation provider  
   19.     Application for approval as rehabilitation provider  
   20.     When may Minister approve rehabilitation provider?  

           Division 5.3--Conditions on rehabilitation providers

   21.     Ability to provide vocational rehabilitation  
   22.     Qualifications of rehabilitation providers and their employees  
   23.     Written records by rehabilitation providers  
   24.     Electronic records by rehabilitation providers  
   25.     Giving information by rehabilitation providers  
   26.     Compliance with protocol by rehabilitation providers  
   27.     Establishing personal injury plan  
   28.     Other conditions on rehabilitation providers  

           Division 5.4--Role of approved rehabilitation provider and protocol

   29.     Role of approved rehabilitation provider—general  
   30.     Role of approved rehabilitation provider—establishing personal injury  
   31.     Protocol about vocational rehabilitation  

           Division 5.5--Action against rehabilitation providers

   32.     Notice of proposed action on rehabilitation provider's  
   33.     Action other than revocation of rehabilitation provider's  
   34.     Revocation of rehabilitation provider's approval  
   35.     What if Minister decides to suspend or revoke rehabilitation provider's  

   PART 6--CONCILIATION

           Division 6.1--Appointment and functions of conciliators

   36.     Appointment of conciliators  
   37.     Function of conciliators  

           Division 6.2--Conciliations

   38.     When must conciliation be held?  
   39.     Action by conciliator  
   40.     Particulars of matters in issue  
   41.     Parties to attend conciliation  
   42.     Parties must make genuine effort to agree  
   43.     Medical referee and conciliation  
   44.     Decision or recommendation by conciliator  
   45.     Costs of conciliation  
   46.     Review by Minister  
   47.     Protocol about conciliation  

   PART 7--ARBITRATION

   48.     When may application for arbitration be filed?  
   49.     Commercial Arbitration Act not apply (ACT WCA sch 4, cl 3)  
   50.     Representative committee already in existence  
   51.     When must Magistrates Court arbitrate matter?  
   52.     Committee may refer questions of law  
   53.     Powers of Magistrates Court on arbitration  
   54.     Medical referees (ACT WCA sch 4, cl 5, cl 14)  
   55.     Only 1 medical referee for arbitration  
   56.     Procedure on arbitration (ACT WCA sch 4, cl 6A)  
   57.     Costs (ACT WCA sch 4, cl 7)  
   58.     Claim against arbitration award (ACT WCA sch 4, cl 13)  

   PART 8--COMPULSORY INSURANCE POLICIES--CONTENTS

   59.     Definitions for pt 8  
   60.     Insurer to indemnify employer  
   61.     Insurer to notify renewal  
   62.     Insurer to tell employer about certain obligations  
   63.     Services to be provided under policy  
   64.     Cancellation of insurance policy  
   65.     Compliance with Act by employer  
   66.     Result of under-reporting of wages by employer  
   67.     Insurance policy may contain other provisions  

   PART 9--APPROVED INSURERS

           Division 9.1--Approval of insurers

   68.     Application for approval of insurers  
   69.     When must Minister not approve insurer?  
   70.     How long does insurer's approval last?  
   71.     What must insurer's approval state?  

           Division 9.2--Conditions on insurers

   72.     Information about ability to meet liabilities etc  
   73.     Information about workers compensation  
   74.     Information on working out premiums  
   75.     Principles for working out premiums  
   76.     Information to be given quickly  
   77.     Action if rehabilitation provider's approval suspended or  
   78.     Compliance with protocols by insurer  
   79.     Other conditions on insurers  

           Division 9.3--Action against insurers

   80.     Notice of proposed action on insurer's approval  
   81.     Action other than revocation of insurer's approval  
   82.     Revocation of insurer's approval  
   83.     What if Minister decides to suspend or revoke insurer's  
   84.     When does revocation make previous insurance policies not compulsory insurance  

   PART 10--SELF-INSURERS

           Division 10.1--Preliminary

   85.     Meaning of exemption  

           Division 10.2--Exemption by Minister

   86.     What application for exemption must contain  
   87.     Minister may exempt (ACT WCA s 17C (1)–(2))  

           Division 10.3--Conditions on exemptions

   88.     Giving information about workers compensation, vocational rehabilitation and  
   89.     Action if rehabilitation provider's approval suspended or  
   90.     Compliance with protocols by self-insurer  
   91.     Other conditions on exemptions  

           Division 10.4--Action against self-insurers

   92.     Notice of proposed action against self-insurer (ACT WCA s 17C (3))  
   93.     Action other than revocation of self-insurer's  
   94.     Revocation of self-insurer's exemption (ACT WCA s 17C (4)  
   95.     What if Minister decides to suspend or revoke self-insurer's exemption?  

   PART 11--MISCELLANEOUS

   96.     Diseases related to employment (ACT WC Regs r 13)  
   97.     Prescribed offences and fines (ACT WC Regs r 16)  
   98.     Reviewable decisions  
   99.     Court approved termination (ACT WCA s 26E and 26F)  
   100.    Approved protocols about certain documents and information  
   101.    Repeal  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES