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WORKERS COMPENSATION ACT 1987 - As at 30 October 2023 - Act 70 of 1987

- As at 30 October 2023 - Act 70 of 1987

Table of Provisions

PART 1 - PRELIMINARY

PART 2 - COMPENSATION--LIABILITY

  • 9 Liability of employers for injuries received by workers--general
  • 9AA Liability for compensation
  • 9AB Recognition of determination of State of connection in another State
  • 9AC Person not to be compensated twice
  • 9A No compensation payable unless employment substantial contributing factor to injury
  • 9B No compensation for heart attack or stroke unless nature of employment results in significantly greater risk
  • 10 Journey claims
  • 11 Recess claims
  • 11A No compensation for psychological injury caused by reasonable actions of employer
  • 12 Claims by trade union representatives
  • 13. (Repealed)
  • 14 Conduct of worker etc
  • 15 Diseases of gradual process--employer liable, date of injury etc
  • 16 Aggravation etc of diseases--employer liable, date of injury etc
  • 17 Loss of hearing--special provisions
  • 18 Special insurance provisions relating to occupational diseases
  • 19 Presumptions relating to certain employment
  • 19A Presumptions relating to certain cancers--firefighters
  • 19B Presumptions relating to certain employment in relation to COVID-19
  • 20 Principal liable to pay compensation to workers employed by contractors in certain cases
  • 21. (Repealed)
  • 22 Compensation to be apportioned where more than one injury
  • 22A Further provisions concerning apportionment of liability under section 22
  • 22B Determination as to which injury gave rise to compensation liability
  • 22C Certain injuries not to be dealt with under sections 15 and 16
  • 23 Age or residence not relevant to liability
  • 24 Illegal employment

PART 3 - COMPENSATION--BENEFITS

Division 1 - Compensation payable on death

  • 25 Death of worker leaving dependants
  • 26 Funeral expenses
  • 27, 27A. (Repealed)
  • 28 Expenses of transporting body
  • 29 Apportionment of payments between dependants
  • 30 Review of apportionment among dependants
  • 31 Payment in respect of dependent children
  • 32 Payment where no dependants

Division 2 - Weekly compensation by way of income support

Subdivision 1 - Interpretation
  • 32A Definitions
  • Subdivision 2 - Entitlement to weekly compensation
  • 33 Weekly compensation during total or partial incapacity for work
  • 34 Maximum weekly compensation amount
  • 35. (Repealed)
  • 36 Weekly payments during first entitlement period (first 13 weeks)
  • 37 Weekly payments during second entitlement period (weeks 14-130)
  • 38 Weekly payments after second entitlement period (after week 130)
  • 38A Special provision for workers with highest needs
  • 39 Cessation of weekly payments after 5 years
  • 40 Entitlement after second entitlement period not affected by certain circumstances
  • 40A. (Repealed)
  • 41 Compensation for incapacity after second entitlement period resulting from surgery
  • 42 Application by worker to alter amount of weekly payments
  • Subdivision 3 - Work capacity
  • 43 Work capacity decisions by insurers
  • 43A. (Repealed)
  • 44 (Renumbered)
  • 44A Work capacity assessment
  • 44B Evidence as to work capacity
  • 44BAA Regulations
  • Subdivision 3A - (Repealed) None Subdivision 4 - Miscellaneous 44C-44I. (Repealed)
  • 45 Reduction of weekly payments to qualify for other benefits
  • 46 Reduction of weekly payments to prevent dual benefits
  • 47 Incapacity deemed to exist in certain cases
  • 48 Compensation payable despite existing incapacity
  • 49 Weekly compensation payable despite holiday pay etc
  • 50 Weekly compensation and sick leave
  • 51. (Repealed)
  • 52 Termination of weekly payments on retiring age
  • 52A, 52B. (Repealed)
  • 53 Weekly payments--residence outside the Commonwealth
  • 54-56. (Repealed)
  • 57 Worker to notify return to work etc with other employer
  • 58 Refund of weekly payments paid after return to work etc

Division 3 - Compensation for medical, hospital and rehabilitation expenses etc

  • 59 Definitions
  • 59A Limit on payment of compensation
  • 60 Compensation for cost of medical or hospital treatment and rehabilitation etc
  • 60AA Compensation for domestic assistance
  • 60A Worker not liable for medical, hospital and rehabilitation charges above applicable rates
  • 61 Rates applicable for medical or related treatment
  • 62 Rates applicable for hospital treatment
  • 63 Rates applicable for ambulance service
  • 63A Rates applicable for workplace rehabilitation services
  • 64 Rates applicable for car travel associated with treatment
  • 64A Compensation for cost of interpreter services

Division 3A - Compensation for return to work assistance

  • 64B Workers returning to work with new employer
  • 64C Workers receiving weekly payments

Division 4 - Compensation for non-economic loss

  • 65 Determination of degree of permanent impairment
  • 65A Special provisions for psychological and psychiatric injury
  • 66 Entitlement to compensation for permanent impairment
  • 66A Agreements for compensation
  • 66B No proceedings to enter up award on agreement for compensation
  • 67. (Repealed)
  • 67A Special provisions for HIV/AIDS
  • 68, 68A. (Repealed)
  • 68B Deductions for previous injuries and pre-existing conditions--operation of sections 15, 16, 17 and 22
  • 69-72A. (Repealed)
  • 73 Reimbursement for costs of medical certificate and examination

Division 5 - Compensation for property damage

  • 74 Damage to artificial limbs etc
  • 75 Damage to clothing
  • 76 Maximum rate for damage to artificial limbs, spectacles
  • 77 Maximum rate for damage to clothing
  • 78 Miscellaneous provisions

Division 6 - Indexation of certain amounts

  • 79 Definitions
  • 80 Adjustment of amounts of benefits according to award rate of pay index
  • 81 Rounding off
  • 82 Publication of adjusted amounts

Division 6A - Indexation of weekly payments

  • 82A Indexation--weekly payments
  • 82B Indexation of certain amounts--according to average weekly earnings
  • 82BA Indexation--compensation amount for workers with highest needs
  • 82C Indexation--no reduction
  • 82D Indexation--rounding

Division 6B - Indexation of compensation for permanent impairment

  • 82E Definition
  • 82F Indexation--compensation for permanent impairment
  • 82G Indexation--no reduction
  • 82H Indexation--rounding

Division 7 - Payment of benefits

  • 83 Manner of payment of compensation
  • 84 Times for payment of weekly compensation
  • 85 Payments to NSW Trustee for benefit of beneficiary
  • 85A Payment of benefits to beneficiaries
  • 86 NSW Trustee's powers of investment
  • 87 Unclaimed money

Division 8 - Reduction of benefits where additional or alternative compensation payable

  • 87A Additional or alternative compensation to which Division applies
  • 87B Reduction of compensation under this Act
  • 87C Employer etc to notify claim or payment of additional or alternative compensation

Division 9 - Commutation of compensation

  • 87D Definition
  • 87E Compensation that may be commuted
  • 87EAA Medical expenses compensation not to be commuted for catastrophic injuries
  • 87EA Preconditions to commutation
  • 87F Commutation by agreement
  • 87G Commutation when worker legally incapacitated
  • 87H Registration of commutation agreements
  • 87I Payment
  • 87J Other commutation agreements invalid
  • 87K Commutation payment taken to be payment of compensation

PART 4 - UNINSURED LIABILITIES

Note

Divisions 1A-5 - (Repealed)

None

Division 6 - Uninsured liabilities

  • 138 Definitions
  • 139. (Repealed)
  • 140 Persons eligible to make claims
  • 141 Making of claims
  • 141A. (Repealed)
  • 142 Publication of claims etc
  • 142A Nominal Insurer becomes insurer for claims
  • 142B Proceedings before Commission on claim for compensation
  • 143-144A. (Repealed)
  • 145 Employer or insurer to reimburse Insurance Fund
  • 145A Recovery from directors of corporations liable to reimburse Insurance Fund
  • 146 Commutation of weekly payments
  • 147 Miscellaneous provisions
  • 148 Application of other provisions of Act
  • 148A Nominal Insurer's right of subrogation

Division 7 - (Repealed)

None

PART 5 - COMMON LAW REMEDIES

Division 1 - Preliminary

Division 1A - Choice of law

  • 150A The applicable substantive law for work injury claims
  • 150B Claims to which Division applies
  • 150C What constitutes injury and employment and who is employer
  • 150D Claim in respect of death included
  • 150E Meaning of "substantive law"
  • 150F Availability of action in another State not relevant

Division 2 - Common law and other remedies generally

  • 151 Common law and other liability preserved
  • 151A Effect of recovery of damages on compensation
  • 151B. (Repealed)
  • 151C 6-months delay before commencement of court proceedings against employer for damages
  • 151D Time limit for commencement of court proceedings against employer for damages
  • 151DA Time not to run for commencement of proceedings in certain cases

Division 3 - Modified common law damages

  • 151E Application--modified common law damages
  • 151F General regulation of court awards
  • 151G Only damages for past and future loss of earnings may be awarded
  • 151H No damages unless permanent impairment of at least 15%
  • 151I Calculation of past and future loss of earnings
  • 151IA Retirement age
  • 151J Damages for future economic loss--discount rate
  • 151K, 151KA. (Repealed)
  • 151L Mitigation of damages
  • 151M Payment of interest
  • 151N Contributory negligence--generally
  • 151O Defence of voluntary assumption of risk
  • 151P. (Repealed)
  • 151Q Structured settlements
  • 151R Exemplary or punitive damages
  • 151S Court to apportion damages etc
  • 151T Costs

Division 4 - Retrospective restoration of modified common law

  • 151U Modified common law to apply from 30 June 1987
  • 151V Election provisions not to apply
  • 151W Time limit for commencement of court proceedings extended
  • 151X Insurance policies to cover retrospective claims
  • 151Y Funding of self-insurers, government employers etc for retrospective claims

Division 5 - Miscellaneous provisions

  • 151Z Recovery against both employer and stranger
  • 151AA Abolition of doctrine of common employment
  • 151AAA Special provision for common law liabilities under pre-1995 policies
  • 151AB Special insurance provisions relating to occupational diseases
  • 151AC Further special insurance provisions relating to dust diseases
  • 151AD No damages for nervous shock injury to non-workers

PART 6 - (Repealed)

None

PART 7 - INSURANCE

Division 1A - Provisions relating to Nominal Insurer, Insurance Fund and scheme agents

Subdivision 1 - Nominal Insurer

Division 1 - Insurance policies

  • 155 Compulsory insurance for employers
  • 155AA Exempt employers not required to obtain policy of insurance
  • 155A Policies to be for 12 month periods
  • 156 Recovery of double premiums for contravention of insurance requirements
  • 156A Misleading conduct by insurers and insurance intermediaries
  • 156B Recovery from directors of corporation--insurance requirements
  • 157 Insurers not to refuse insurance
  • 158. (Repealed)
  • 159 Provisions of policies of insurance
  • 160 Recovery of excess from employer
  • 161 Inspection of policies
  • 162 Death of employer
  • 163 Register to be kept by insurers
  • 163A Certificate of currency
  • 163B Issue of stop work order to uninsured employer
  • 164 Employer--offences relating to policies of insurance

Division 2 - Insurance premiums

165-167. (Repealed)
  • 168 Workers Compensation Market Practice and Premiums Guidelines
  • 168A. (Repealed)
  • 169 Rejection of premiums
  • 170. (Repealed)
  • 171 Payment of premiums by instalments
  • 172 Recovery of unpaid premiums
  • 172A Security deposit or guarantee for payment of premium
  • 173 Furnishing information for calculation of premiums
  • 173A Giving false information for premium calculation
  • 173B Redetermination of premium and payment of interest
  • 174 Records relating to wages, contracts etc to be kept and supplied
  • 174AA Inclusion of trust distributions as wages
  • 174A Recovery of inspection costs of Authority or insurer
  • 175 Employers evading payment of correct premiums
  • 175A Recovery from directors of corporation evading payment of correct premium
  • 175B Liability of principal contractor for unpaid premiums payable by subcontractor
  • 175C Private rulings regarding workers at the request of employers

Division 2A - Grouping of employers for insurance purposes

Division 2B - Constitution of employer groups

Division 3 - Licensing of insurers

176. (Repealed)
  • 177 Applications for licences
  • 177A Special provisions for specialised insurers
  • 178 Determination of application for licence
  • 179 Offence--unlicensed insurers
  • 180 Duration of licences
  • 181 Conditions of licences
  • 182 Matters that may be regulated by conditions of licences
  • 182A Condition of licence not to engage excluded service providers
  • 183 Cancellation or suspension of licences
  • 183A Imposition of civil penalty on or censure of licensed insurer or self-insurer
  • 184 Cancellation of policies following cancellation or suspension of insurer's licence
  • 185 Assignment of policies of former insurers etc
  • 186 Records and evidence relating to licences
  • 187 Liabilities on Commonwealth insurers--special condition
  • 188. (Repealed)
  • 189 Information and records as to business etc to be supplied to Authority by insurers
  • 190 Notification to Authority of certain defaults in relation to insurers
  • 191 Power of Supreme Court to deal with insurers or former insurers unable to meet liabilities etc
  • 192 Exclusion of insurance brokers, agents or intermediaries
  • 192A Claims administration manual

Division 4 - Regulation of insurers and miscellaneous provisions

Division 5 - Self-insurers

  • 210 Applications for licences
  • 211 Determination of application for licence
  • 211A Endorsement of subsidiaries on self-insurer's licence
  • 211B Government employers covered by Government managed fund scheme to be self-insurers
  • 212 Provisions relating to licences
  • 213 Deposit required for self-insurers and former self-insurers
  • 214 Investments of deposits
  • 215 Alternative method of giving security
  • 215A Guarantee as alternative to deposit
  • 215B Bond as alternative to deposit
  • 216 Application and refund of deposit
  • 216A Assignment of policies of former self-insurers

Division 6 - Transfer of claims

  • 217 Definition
  • 218 Agreements for transfer of claims to insurers
  • 219 Effect of claims transfer agreement
  • 220 Conditions of claims transfer agreement
  • 221-224. (Repealed)

Division 6A - Defaulting insurers etc

Division 7 - Insurers' Guarantee Fund

Division 8 - Terrorism Re-insurance Fund

  • 239AA Definitions
  • 239AB Meaning of "act of terrorism"
  • 239AC Meaning and application of "threshold amount"
  • 239AD Minister may make declaration as to significant terrorism-related liabilities
  • 239AE Terrorism Re-insurance Fund
  • 239AF Insurers to provide Authority with information
  • 239AG Contributions to Terrorism Re-insurance Fund
  • 239AH Partial reimbursement of insurers from Terrorism Re-insurance Fund
  • 239AI Authority may offset
  • 239AJ Subrogation
  • 239AK Regulations
  • 239AL Review

PART 7A - (Repealed)

None

PART 8 - PROTECTION OF INJURED WORKERS FROM DISMISSAL

  • 240 Definitions
  • 241 Application to employer for reinstatement of dismissed injured worker
  • 242 Application to Industrial Relations Commission for reinstatement order if employer does not reinstate
  • 243 Order by Industrial Relations Commission for reinstatement
  • 244 Presumption as to reason for dismissal
  • 245 Disputes as to fitness--medical assessment
  • 246 Continuity of service of reinstated worker
  • 247 Duty to inform replacement worker
  • 248 Dismissal within 6 months of injury an offence
  • 249 Other rights not affected
  • 250 Enforcement

PART 9 - (Repealed)

None

PART 10 - MISCELLANEOUS

269-277. (Repealed)

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