New South Wales Consolidated Acts
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WORKERS COMPENSATION ACT 1987 - SECT 11A
No compensation for psychological injury caused by reasonable actions of employer
11A No compensation for psychological injury caused by reasonable actions of
(1) No compensation is payable under this Act in respect of an injury that is
a psychological injury if the injury was wholly or predominantly caused by
reasonable action taken or proposed to be taken by or on behalf of the
employer with respect to transfer, demotion, promotion, performance appraisal,
discipline, retrenchment or dismissal of workers or provision of employment
benefits to workers.
"psychological injury" is an injury (as defined in section 4) that is a
psychological or psychiatric disorder. The term extends to include the
physiological effect of such a disorder on the nervous system.
section does not affect any entitlement to compensation under this Act for an
injury of a physical nature even if the injury is a physical symptom or effect
of a psychological injury, so long as the injury is not merely a physiological
effect on the nervous system.
(6) This section does not extend the definition
"injury" in section 4. In particular, this section does not affect the
requirement in section 4 that a disease is not an injury unless it is
contracted by the worker in the course of employment.
This section does not affect section 9A (No compensation payable unless
employment substantial contributing factor to injury).
(7) In the case of a
claim for weekly payments of compensation in respect of incapacity for work
resulting from psychological injury, the medical certificate required to
accompany the claim must (in addition to complying with the requirements of
section 65 of the 1998 Act) use, for the purpose of describing the worker’s
condition, accepted medical terminology and not only terminology such as
“stress” or “stress condition”.
(8) If a claim is deficient because
subsection (7) has not been complied with and the insurer or self-insurer
concerned notifies the worker in writing of the deficiency (including details
of what is required to comply with that subsection) as soon as practicable
after receiving the deficient claim then (unless the insurer or self-insurer
waives that requirement):
(a) the claim is not considered to have been duly
made for the purposes of section 93 of the 1998 Act until subsection (7) is
complied with, and
(b) proceedings before the Commission cannot be commenced
in respect of the claim until subsection (7) is complied with.
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