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
- 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
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
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