WORKERS COMPENSATION REGULATION 2002
WORKERS COMPENSATION REGULATION 2002
TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 2. Offences against regulation—application of Criminal Code etc PART 2--INTERPRETATION GENERALLY 3. Dictionary 4. Notes 4A. Regular contractors and casuals—Act, 5. Approval of medical guidelines 6. Meaning of clinically relevant research 7. Approval of clinically relevant research 8. Meaning of evidence-based methodology 8A. Calculation of total wages—Act, s 7A, def total wages PART 3--MEDICAL ASSESSMENTS Division 3.1--How medical assessments must be done 8B. Doctor that may provide medical certificate for imminently fatal asbestos-related 9. Using evidence-based methodology Division 3.2--Medical specialists 10. Assessment by medical specialist—request by other than nominated treating 11. Specialist's report about assessment 12. Medical specialist as new nominated treating doctor PART 4--MEDICAL REFEREES 13. Consultation about appointment of medical referees 14. Medical referee to review medical evidence etc 15. Medical referee's report PART 5--REHABILITATION PROVIDERS 16. Minister may approve rehabilitation providers 17. Procedure for approval of rehabilitation provider PART 6--CONCILIATION Division 6.1--Appointment and functions of conciliators 36. Appointment of conciliators 37. Function of conciliators Division 6.2--Conciliations 38. When must conciliation be held? 39. Action by conciliator 40. Particulars of matters in issue 41. Parties to attend conciliation 42. Parties must make genuine effort to agree 43. Medical referee and conciliation 44. Decision or recommendation by conciliator 45. Who pays for conciliation? 47. Protocol about conciliation PART 7--ARBITRATION 48. When may application for arbitration be filed? 49. Commercial Arbitration Act not apply 50. Representative committee already in existence 51. When must Magistrates Court arbitrate matter? 52. Committee may refer questions of law 53. Powers of Magistrates Court on arbitration 54. Medical referees 55. Only 1 medical referee for arbitration 56. Procedure on arbitration 57. Costs 58. Claim against arbitration award PART 8--COMPULSORY INSURANCE POLICIES--CONTENTS 59. Definitions for pt 8 60. Insurer to indemnify employer 61. Insurer to notify renewal 62. Insurer to tell employer about certain obligations 62A. Required information from employer in policy 63. Services to be provided under policy 64. Cancellation of insurance policy 65. Compliance with Act by employer 66. Result of under-reporting of wages by employer 67. Insurance policy may contain other provisions PART 9--LICENSED INSURERS Division 9.1--Licensing of licensed insurers 68. Application for insurer licence—Act, s 145J (a) 69. Criteria for issuing insurer licence—Act, s 145J (b) 70. Particulars of insurer licence—Act, s 145J (b) Division 9.2--Conditions on insurers 71. Insurer must have reinsurance—Act, s 145J (c) 72. Information about ability to meet liabilities etc—Act, s 145J (c) and 73. Insurer to provide information and pay costs of audit—Act, s 145J (c) and 74. Information on working out premiums—Act, s 145J (c) and (e) 75. Principles for working out premiums—Act, s 145J (c) 76. Time for information to be given—Act, s 145J (c) and (g) 77. Record keeping by licensed insurers—Act, 78. Action if rehabilitation provider's approval suspended or revoked—Act, Division 9.3--Action against insurers 79. Notice of proposed action against licensed insurer 80. Action other than cancellation of insurer licence—Act, s 223 (2) 81. Cancellation of insurer licence—Act, s 145J (h) 82. Effect of regulator suspension or cancellation of insurer licence—Act, 83. When does cancellation make previous insurance policies not compulsory insurance PART 10--SELF-INSURERS Division 10.1--Issue of self-insurer licence by regulator 84A. Application for self-insurer licence—Act, s 145U (a) 84B. Criteria for issuing self-insurer licence—Act, Division 10.2--Self-insurer licence conditions 85. Licensed self-insurer to have reinsurance—Act, 86. Information about workers compensation, vocational rehabilitation and occupational health 87. Record keeping by licensed self-insurers—Act, 88. Action if rehabilitation provider's approval suspended or revoked—Act, 89. Self-insurer to provide information and pay costs of audit—Act, s 145U (c) and 90. Self-insurer to maintain bank guarantee—Act, s 145U (c) 91. Self-insurer to maintain occupational health and safety management system—Act, Division 10.3--Action against licensed self-insurers 92. Notice of proposed action against licensed self-insurer 93. Action other than cancellation of self-insurer licence—Act, 94. Cancellation of self-insurer licence—Act, s 145U (g) 95. Cancellation or suspension of self-insurer licence by regulator—Act, PART 10A--COMPLIANCE AND FINANCIAL AUDITS 95A. Compliance audits—Act, s 145J (d) and (f) and s 145U (d) 95B. Financial audits—Act, s 145J (d) and (f) and s 145U (d) 95C. Appointment of auditors PART 11--MISCELLANEOUS 96. Diseases related to employment 98. Reviewable decision—Act, s 199 (b) 98A. Notice of reviewable decision—Act, s 199A (1) 98B. Internal review of certain decisions—Act, s 199B (1) 99. Court approved termination 100. Approved protocols about certain documents and information 101. Approved protocols for licensed insurers and licensed self-insurers—Act, s 223 (2) SCHEDULE 1 SCHEDULE 3 DICTIONARY ENDNOTES