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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 113
Regulations fixing maximum costs recoverable by legal practitioners or agents
113 Regulations fixing maximum costs recoverable by legal practitioners or
agents
(cf former s 117)
(1) The regulations may make provision for or with respect
to the following-- (a) fixing maximum costs for legal services or
agent services provided to a worker (or other claimant), an employer or an
insurer in any workers compensation matter,
(b) fixing maximum costs for
matters that are not legal services or agent services but are related to
proceedings on a workers compensation matter (for example, expenses for
witnesses or medical reports (including certificates)).
(2) A legal
practitioner is not entitled to be paid or recover for a legal service or
other matter an amount that exceeds any maximum costs fixed for the service or
matter by the regulations under this section. An agent is not entitled to be
paid or recover for an agent service or other matter an amount that exceeds
any maximum costs fixed for the service or matter by the regulations under
this section.
(3) To the extent that the regulations so provide, a legal
practitioner or agent is not entitled to be paid or recover costs of the kind
referred to in subsection (1) (b) that are incurred in connection with the
obtaining of any medical report (including any certificate) or opinion for use
for any of the following purposes and which is not used for the purpose for
which it was obtained-- (a) for use in the making of a claim for compensation
under this Act,
(b) for use in negotiations or conciliation in respect of a
claim for compensation,
(c) for consideration by a medical panel or medical
referee under section 122 or by a medical specialist under section 121,
(d)
for use in court proceedings.
(4) Regulations under this section can fix
costs and amounts by reference to costs and amounts fixed by regulations under
the Legal Profession Uniform Law Application Act 2014 .
(5) This section and
any regulations under this section prevail to the extent of any inconsistency
with the legal costs legislation (as defined in section 3A of the Legal
Profession Uniform Law Application Act 2014 ). An assessment under that
legislation of any costs in respect of which provision is made by a regulation
under this section is to be made so as to give effect to that regulation.
(6)
Expressions used in this section have the same meanings as they have in the
legal costs legislation, except as provided by this section.
(7) In this
section--
"agent" means a person who acts as agent for a person in connection with a
claim for compensation under this Act.
"agent service" means any service performed by a person in the person's
capacity as an agent.
"costs" includes-- (a) costs actually incurred or to be incurred by a person
claiming compensation, and
(b) if liability for a claim for compensation is
admitted without recourse to the Compensation Court--the reasonable expenses
incurred by a person in pursuing the person's claim, and
(c) costs incurred
in relation to any proceedings under this Act (including conciliation of a
dispute under Division 3), and
(d) costs incidental to an application for
referral of a medical dispute under section 121 or 122, and
(e) costs
incidental to an application for registration of an agreement under section
66A of the 1987 Act, and
(f) costs incurred in relation to the mediation or
neutral evaluation of any matter under Part 4A of the Compensation Court Act
1984 .
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