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WORKERS COMPENSATION ACT 1951

Table of Provisions

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

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

PART 5.4--OBLIGATIONS IN RELATION TO PERSONAL INJURY PLANS

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

CHAPTER 8--INSURANCE

PART 8.1--INSURANCE--GENERAL

Division 8.1.1--Interpretation

Division 8.1.2--Licences—insurers

Division 8.1.3--Licences—self-insurers

Division 8.1.4--Licences—compliance and other requirements

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

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

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  

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