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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 66
Employer’s liability for excess period
66 Employer’s liability for excess period
(1) This section applies to— (a) an employer who has, or is required to
have, accident insurance; and
(b) a worker, other than a household worker
employed by the employer, who sustains an injury for which compensation is
payable.
(2) The employer must pay the worker an amount equal to the weekly
payment of compensation that, if this section did not apply, would be payable
to the worker by the insurer for the excess period.
(3) The insurer is not
required to pay the compensation to the worker, subject to subsection (5) .
(4) If the worker is employed by more than 1 employer when the worker sustains
an injury, the amount under subsection (2) — (a) must be paid by the
employer in whose employment the injury was sustained; and
(b) is the amount
that relates to the amount payable to the worker under a contract with that
employer.
(5) If the employer fails to pay the amount to the worker within 10
business days after receiving notice from the insurer that the worker’s
application for compensation has been allowed, the insurer must make the
payment to the worker on the employer’s behalf.
(6) WorkCover may recover
from the employer the amount of a payment made by it under subsection (5)
together with a penalty equal to 50% of the payment— (a) as a debt under
section 580 ; or
(b) as an addition to a premium payable by the employer.
(7) The employer may apply in writing to WorkCover to waive or reduce the
penalty because of extenuating circumstances.
(8) The application must
specify the extenuating circumstances and the reasons the penalty should be
waived or reduced in the particular case.
(9) WorkCover must consider the
application and may— (a) waive or reduce the penalty; or
(b) refuse to
waive or reduce the penalty.
(10) If the employer is dissatisfied with
WorkCover’s decision, the employer may have the decision reviewed under
chapter 13 .
(11) This section does not limit section 50 .
(12) In this
section—
"household worker" means a person employed solely in and about, or in
connection with, a private dwelling house or the grounds of the dwelling
house.
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