WORKERS COMPENSATION ACT 1951

Australian Capital Territory Consolidated Acts

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WORKERS COMPENSATION ACT 1951

TABLE OF PROVISIONS

Long Title

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

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 carers
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

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

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

97. Personal injury plan for worker with significant injury
98. Provision of information about personal injury plan
99. Vocational rehabilitation
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 5.5--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 5.6--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
120A. Proceedings on late claims
121. Time for making claim under pt 4.4
122. When is a claim made?
123. The notice for an injury
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 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 accepted if not rejected within 28 days
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
143. False representation of approval

CHAPTER 8--INSURANCE

PART 8.1--INSURANCE--GENERAL

144. Meaning of compulsory insurance policy
145. Approved insurers
146. Effect of revocation or suspension of approval
147. Compulsory insurance—employers
148. Effect of failure to maintain compulsory insurance on other insurance etc for this
149. DI fund entitled to triple recovery amount
150. Evidence of maintenance of compulsory insurance policy
151. Self-insurers
152. Compulsory insurance—insurers
153. Cancellation
154. Cover notes
155. Information for insurers on application for issue or renewal of
156. Information for insurers after renewal of policies
157. Information for insurers after end or cancellation of policies
158. Information for new insurers after change of insurers
159. Six-monthly information for insurers
160. Certificate of currency
161. Requirement to produce certificate of currency
162. Statutory declarations—false information etc
163. Employment after 2nd offence
164. Provision of information to Minister

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, staff and consultants of DI fund

166. Establishment of DI fund
166A. Purpose of DI fund
166B. U Payments out of DI fund [See Endnotes]
166C. Appointment of DI fund manager
166D. DI fund manager's functions etc
166E. DI fund staff
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. U Borrowing for DI fund [See Endnotes]
167C. Audit of DI fund
167D. Information and assistance by employer to DI fund manager
167E. U Assessment of financial position [See Endnotes]
167F. Determination that policy in force despite absence of record

Division 8.2.4--Contributions to DI fund

168. Approved insurers must give information
168A. U Contributions to DI fund by approved insurers and self-insurers [See Endnotes]
168AA. U Supplementary contributions to DI fund by approved insurers and [See Endnotes]
168B. U Refunds of excess DI fund amounts [See Endnotes]

Division 8.2.5--DI fund's relationship with liquidators of approved 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 approved 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 insurer
170C. How claim for payment made if insurer not wound up
170D. How claim for payment made if 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 self-insurer unable to pay
170HB. Claim for payment if final judgment etc and 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 approved insurers and self-insurers if
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

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

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

CHAPTER 10--INSPECTION

187. Definitions—ch 10
188. Inspectors
189. Identity cards
190. Provision of information to inspectors
191. Entry and inspection of premises
192. Consent to entry and inspection
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. Meaning of reviewable decision—ch 12
199. Reviewable decision notices
199A. Applications for review

CHAPTER 13--MISCELLANEOUS

200. Secrecy
201. Medical referees
202. Time for beginning prosecutions
203. Criminal liability of executive officers
204. Court-directed publicity for offences
205. Publication by chief executive of convictions etc
206. Minister must take advice
208. Directions about procedure
209. References to Workers' Compensation Act etc
210. Apportionment of costs of administration of Act
211. Amounts for administration of Act
221. Determination of fees
222. Approved forms
223. Regulation-making power

CHAPTER 15--TEMPORARY PROVISIONS FOR ACTS OF TERRORISM

224. Application of ch 15 to insurers
225. Definitions—ch 15
226. Meaning of act of terrorism for ch 15
227. Terrorism cover temporary reinsurance fund
228. Entitlement of insurers to reimbursement from temporary fund
229. Payments out of temporary fund
230. Regulations about temporary fund
231. Exclusion of Corporations legislation
232. Expiry—ch 15
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
DICTIONARY
ENDNOTES

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