WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - As at 5 December 2023 - Act 86 of 1998

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 System objectives
• 4 Definitions
• 5 Deemed employment of workers
• 6 Application of Act in certain respects
• 7 Act binds Crown
• 8 Certain Acts not affected
9. (Repealed)
• 9A Application of Act in respect of coal industry

CHAPTER 2 - ADMINISTRATION

PART 1 - (Repealed)

PART 2 - GENERAL WORKERS COMPENSATION FUNCTIONS

• 22 Objectives and general functions of Authority under workers compensation legislation
• 23 Specific functions
23A. (Repealed)

PART 6 - FINANCIAL PROVISIONS

Division 1 - Workers Compensation Operational Fund

• 34 Workers Compensation Operational Fund
• 35 Payments into and from Fund
• 35A Certain ongoing costs of Compensation Court jurisdiction
• 36 Investment

Division 2 - Contributions to Workers Compensation Operational Fund

• 37 Definitions
• 38 Assessment by Authority of amount to be contributed to Fund
• 39 Contributions to Fund by insurers and self-insurers
• 39A Contributions to Fund by Comcare employers

Division 3 - Financial year of Authority

• 40 Financial year of Authority

PART 7 - INFORMATION COLLECTION AND SHARING

• 40A Definitions
• 40B General data gathering, exchange, etc, by Authority, insurers and relevant insurance or compensation authorities
• 40C Data required to be supplied to Authority by insurers
• 40D Mandatory notification

CHAPTER 3 - WORKPLACE INJURY MANAGEMENT

PART 1 - PRELIMINARY

• 41 Object and application of Chapter
• 41A Chapter applies even when liability disputed
• 42 Definitions

PART 2 - OBLIGATIONS OF INSURERS, EMPLOYERS AND WORKERS

• 42A Injury management pilot projects
• 42B Claims assistance
• 43 Injury management programs
• 44 Early notification of workplace injury
• 45 Injury management plan for worker with significant injury
• 45A Injury management consultants
• 46 Employer's injury management plan obligations
• 47 Worker's injury management plan obligations
• 48 Return to work obligations of worker
• 48A Failure to comply with return to work obligations of worker
• 49 Employer must provide suitable work
• 50 Payment of cost of treatment of injured worker
51. (Repealed)
• 52 Workplace rehabilitation
• 53 Vocational re-education etc provided by Authority
• 54 Second-injury scheme
• 55 Compliance by insurers
• 55A Compliance by scheme agents
• 56 Compliance by employer
57. (Repealed)
• 58 Liability not affected
• 59 Regulations

PART 3 - EMPLOYER IMPROVEMENT NOTICES

• 59A Authorisation of inspectors
• 59B Issue of improvement notices
• 59C Contents of improvement notices
• 59D Compliance with improvement notice
• 59E Extension of time for compliance with improvement notices

CHAPTER 4 - WORKERS COMPENSATION

PART 1 - COMPENSATION--GENERAL

• 60 Liability, benefits, common law and other matters

PART 2 - COMPENSATION--CLAIMS AND PROCEEDINGS

Division 1 - Notice of injury etc and claims for compensation

• 60A Application of Division
• 61 Notice of injury to be given to employer
• 62 Provisions relating to giving of notice of injury
• 63 Register of injuries
• 64 Notice of incapacity, medical etc treatment and damage to property
• 65 Making a claim for compensation
• 66 Manner of making claim for compensation
67, 68. (Repealed)
• 69 Action by employer in respect of claims

Division 2 - Administration by insurers of claims for compensation or damages

• 70 Definitions
• 71 Duty of claimant to co-operate
• 72 Inspection of relevant claims information
• 73 Insurer to provide copies of reports to worker
74. (Repealed)
• 74A Duty of insurer to pay compensation promptly
• 75 Report about delays and the incurring of unreasonable costs by insurers

Division 3 - Notification of decisions of insurers

• 76 Definitions
• 77 Requirement for refund of weekly payments not affected
Subdivision 2 - General notice requirements
• 78 Insurer to give notice of decisions
• 79 How notice of decision is given
Subdivision 3 - Notice period for discontinuation and reduction of weekly compensation
• 80 Required period of notice
• 81 Effect of stay of decision on notice period
• 82 Effect of review decision on notice period
• 83 Effect of affirmation of work capacity decision or withdrawal, discontinuance or dismissal of dispute proceedings
• 84 Recovery of weekly payments by worker where notice not given by insurer
Subdivision 4 - Offences
• 85 Failure to comply with notice requirement

Division 4 - Special provisions with respect to weekly payments of compensation

• 91A Division applies only to existing claims
• 92 Definitions
• 93 Claims for weekly compensation--commencement of payments
• 94 Offences--commencement of weekly payments
• 95 Direction by conciliator--commencement or continuation of weekly payments
• 96 Maximum period of weekly payments of compensation under direction of conciliator
• 97 Revocation of directions of conciliator
• 98 Offence--failure to comply with directions
• 99 Payment under direction etc not admission of liability
• 100 Direction under section 95 not to be challenged on technicality

Division 5 - Restrictions on commencing court proceedings

• 100A Division applies only to existing claims
• 101 Restrictions on commencing court proceedings about weekly payments
• 102 Restrictions on commencing court proceedings for lump sum compensation
• 103 Restrictions on commencing court proceedings about medical, hospital and other expenses
• 104 Court rules and regulations providing for evidence of compliance

Division 6 - Proceedings before Commission or the Compensation Court

• 105 Jurisdiction of Commission and Compensation Court
106. (Repealed)
• 107 Applications to be heard together
• 108 Interim awards
• 109 Interest before order for payment
• 110 Interest after order for payment
• 111 Interest on agreed payment of lump sum compensation
• 111A Costs provisions apply only to existing claim matters
• 112 Costs
• 113 Regulations fixing maximum costs recoverable by legal practitioners or agents
• 114 Maximum fees recoverable by medical practitioners for medico-legal services
• 115 Limit on recovery of costs unreasonably incurred
• 116 Solicitor/client costs in compensation proceedings
• 117 Admissibility of statements by injured workers
• 118 Registration of certain persons involving interpreting etc services

Division 7 - Medical examinations and disputes

• 118A Application of certain provisions of Division only to existing claims
• 119 Medical examination of workers at direction of employer
• 120 Medical examination of worker at direction of Commission
• 121 Assessment of medical disputes by approved medical specialists
• 122 Referral of medical disputes to referee or panel on application of worker or employer
• 123 Reference of medical disputes by Principal Conciliator
• 124 Referral of matters to medical referee or panel for report
• 125 Reimbursement of worker for loss of wages and expenses associated with medical examination
• 126 Copies of certain medical reports to be supplied to worker
• 127 Admissibility of medical reports
• 128 Admissibility and evidentiary value of certificates and reports of medical referees and panels
• 129 Power to correct mistakes in medical reports or certificates
• 130 Rules of Court and regulations with respect to medical evidence

Division 8 - Prohibited conduct relating to touting for claims

• 131 Definitions
• 132 Prohibited conduct by agents
• 133 Offence of engaging in prohibited conduct
• 134 Consequences of prohibited conduct for recovery of fees by agents
• 135 Consequences of prohibited conduct for lawyers
• 136 Lawyers and agents can be requested to certify as to prohibited conduct
• 137 Power to restrict or ban recovery of costs by agents who engage in prohibited conduct
• 138 Power to restrict or ban recovery of costs by solicitors
• 139 Power to restrict or ban agents who engage in prohibited conduct
• 140 Past conduct included in assessing persistent conduct
• 141 Duty of claimants to comply with requests for information about agents and lawyers
• 142 Regulation of advertising

CHAPTER 5 - (Repealed)

CHAPTER 6 - MISCELLANEOUS

• 230A Premium Discount Schemes
• 231 Notification of summary of Act and insurance details
• 232 Worker's right to information
• 233 No contribution from workers
• 234 No contracting out
• 235 Non-assignability of compensation
• 235A Fraud on workers compensation scheme
• 235B Remedy available where claim fraudulent
• 235C False claims
• 235D Order for refund of overpayments of compensation
• 236 Service of notices
• 237 Service of documents
• 238 Powers of entry by inspectors
• 238A Search warrant
• 238AA Power to obtain information, documents and evidence
• 238B Protection from incrimination
• 238C Inspector may request assistance
• 239 Authority may obtain documents from certain registries
240-242. (Repealed)
• 243 Disclosure requirements
• 243AA Secrecy of information obtained from or relating to insurers or proposed insurers
243A. (Repealed)
• 244 Liability of directors etc for offences by corporation--accessory to the commission of the offences
• 245 Proceedings for offences
• 245A Evidence--criminal proceedings under WHS legislation
• 246 Penalty notices
• 247 Time for instituting proceedings
• 248 Regulations
248A. (Repealed)
• 249 Repeal of WorkCover Administration Act 1989 No 120

CHAPTER 7 - NEW CLAIMS PROCEDURES

PART 1 - PRELIMINARY

• 250 Interpretation
• 251 Application of Chapter

PART 2 - GIVING NOTICE OF INJURY AND MAKING A CLAIM

Division 1 - Notice of injury

• 252 Application of Division
• 253 Interpretation
• 254 Notice of injury must be given to employer
• 255 How notice of injury is given
• 256 Register of injuries
• 257 Notice of incapacity, medical etc treatment and damage to property
• 258 Offence

Division 2 - Making a claim for compensation or damages

• 259 Application of Division
• 260 How a claim is made
• 261 Time within which claim for compensation must be made
• 262 Time within which claim for work injury damages must be made
• 263 Lump sum compensation claims to be made at same time
• 264 Action by employer in respect of claims, injuries and compensation

PART 3 - DEALING WITH CLAIMS

Division 1 - Special provisions for commencement of weekly payments after initial notification of injury

• 265 Application of Division
• 266 Meaning of initial notification of injury
• 267 Duty to commence weekly payments following initial notification of injury
• 268 Insurer must notify worker of reasonable excuse for not commencing weekly payments
• 269 Notice to be given of commencement of weekly payments
• 270 Obligations of worker to provide authorisations and medical evidence
• 271 Liability to make weekly payments not affected by making of claim
• 272 Recovery by insurer
• 273 Provision for recovery of excess for provisional payments

Division 2 - Claims for weekly payments

• 274 Liability to be accepted and weekly payments commenced within 21 days
• 275 Duty to commence provisional weekly payments if claim is first notification of injury
• 276 Continuation of provisional payments started before claim made
• 277 Provision for recovery of excess for provisional payments
• 278 Early acceptance of liability not prevented

Division 3 - Claims for medical expenses

• 279 Liability to be accepted within 21 days
• 280 Provisional acceptance of liability

Division 4 - Claims for lump sum compensation and work injury damages

• 280A Claim for lump sum compensation a pre-condition to damages claim
• 280B Lump sum compensation to be paid before damages recovered
• 281 Liability to be accepted and settlement offer made
• 282 Relevant particulars about a claim

Division 5 - Enforcement of claims obligations

• 283 Offence of failing to determine a claim for compensation
• 284 Insurer liable to pay fee if claim goes to assessment
• 285 Offence of referring non-genuine disputes
• 286 Partial acceptance of liability

PART 4 - COMPENSATION DISPUTE DETERMINATION

Division 1 - Preliminary

• 287 Disputes to which Part applies

Division 2 - Reviews by insurer

• 287A Request for review
• 287B Regulations relating to decisions and reviews by insurers

Division 3 - Determination of disputes by Commission

• 288 Referral of disputes to Commission
• 289 Restrictions as to when dispute can be referred to Commission
• 289A Further restrictions as to when a dispute can be referred to Commission
• 289B Stay of disputed work capacity decision
• 290 Information exchange between parties
291. (Repealed)
• 292 Expedited assessment
• 293 Medical assessment
• 294 Certificate of Commission's determination
• 294A Commission rules and regulations concerning medical evidence

PART 5 - EXPEDITED ASSESSMENT

Division 1 - Preliminary

• 295 Disputes to which Part applies
• 296 Exercise of functions of President

Division 2 - Disputes concerning weekly payments or medical expenses

• 297 Directions for interim payment of weekly payments or medical expenses compensation
• 298 Period for which interim payment of weekly payments can be directed
• 299 Revocation of interim payment direction
• 300 Offence of failure to comply with interim payment direction
• 301 Effect of payment under interim payment direction
• 302 Commission rules relating to interim payment directions
• 303 Commission can give interim payment direction
• 304 Recovery of payments

Division 2A - Disputes concerning past weekly payments

• 304A Disputes to which Division applies
• 304B President may deal with dispute

Division 3 - Disputes about non-compliance with Chapter 3

• 305 Disputes to which Division applies
• 306 Ways in which dispute can be dealt with
• 307 President can recommend certain action
• 308 Compliance with recommendations of President
• 309 Employers--representation and admissions
• 310 Referral of dispute to Commission

PART 6 - COURT PROCEEDINGS FOR WORK INJURY DAMAGES

Division 1 - Preliminary

• 311 Interpretation
• 312 Forum for court proceedings

Division 2 - Threshold for award of damages

• 313 Threshold dispute prevents service of pre-filing statement and commencement of court proceedings
• 314 What constitutes threshold dispute

Division 3 - Pre-filing statements

• 315 Requirement for pre-filing statement before commencing court proceedings
• 316 Defendant must respond to pre-filing statement
• 317 Defective pre-filing statement
• 318 Parties limited to pre-filing statement and defence

Division 4 - Mediation

• 318A Mediation of claim before commencement of court proceedings
• 318B Mediator to bring parties to agreement
• 318C Legal and other assistance at mediation
• 318D Powers of mediators
• 318E Offers made at mediation not to be disclosed to court
318F, 318G. (Repealed)
• 318H Mediation fees

Division 5 - General

• 318I Orders for access to information and premises

PART 7 - MEDICAL ASSESSMENT

• 319 Definitions
320. (Repealed)
• 321 Referral of medical dispute for assessment
• 321A Referral of medical dispute concerning permanent impairment
• 322 Assessment of impairment
• 322A One assessment only of degree of permanent impairment
• 323 Deduction for previous injury or pre-existing condition or abnormality
• 324 Powers of medical assessor on assessment
• 325 Medical assessment certificate
• 326 Status of medical assessments
• 327 Appeal against medical assessment
• 328 Procedure on appeal
• 329 Referral of matter for further medical assessment or reconsideration
• 330 Costs of medical assessment
• 331 Commission rules

PART 8 - COSTS

Division 1 - Preliminary

• 332 Definitions
• 333 Costs to which Part applies
• 334 Part prevails over legal costs legislation
• 335 Assessment of costs
• 336 Exclusion of matters from this Part

Division 2 - Fixing of maximum costs and fees

• 337 Maximum lawyer and agent costs
• 338 Costs of obtaining medical and other reports
• 339 Maximum fees payable to health service providers

Division 3 - Special provisions for costs in compensation and damages assessment matters

• 340 Application of Division
• 341 Costs
342, 343. (Repealed)
• 344 Liability of legal practitioner for client's costs in certain cases
345. (Repealed)

Division 3A - Special provisions for costs in work injury damages proceedings

• 346 Costs

Division 4 - Costs assessment

• 347 Regulations for costs assessment
348. (Repealed)

PART 9 - REFERENCES AND APPEALS

• 351 Reference of question of law on compensation claim to Commission constituted by presidential member
• 352 Appeal against decision of Commission constituted by non-presidential member
• 353 Appeal against decision of Commission constituted by presidential member
354-365. (Repealed)

PART 10 - ADMINISTRATION

Division 1 - (Repealed)

Division 2 - Workers Compensation guidelines

• 376 Issue of guidelines
• 377 Special requirements relating to Workers Compensation Guidelines relating to impairment

PART 11 - (Repealed)

• SCHEDULE 1
Schedule 5 (Repealed)
• SCHEDULE 5A
Schedule 6 (Repealed)