WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 118 Registration of certain persons involving interpreting etc services

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 118

118 Registration of certain persons involving interpreting etc services

(cf former s 125)

(1) On and from the commencement date prescribed by the regulations for the purposes of this section, a person who--

(a) for fee or reward, acts as interpreter for a worker in connection with a claim for compensation under this Act, whether or not the claim is eventually made and whether or not the person also provides a related service, or

(b) holds himself or herself out as being available to do so,

is guilty of an offence against this Act and liable to a penalty not exceeding 20 penalty units if the person is not registered under this section.

(2) A person who acts as interpreter for a worker is taken to act for fee or reward if the fee or reward--

(a) is payable or given by some person on behalf of the worker, or

(b) is payable or given to some person who employs, or is nominated by, the person acting as interpreter, or

(c) is payable or given for any related service provided to the worker by the person acting as interpreter.

(3) This section does not apply to a person who acts as interpreter--

(a) if the person is a solicitor, barrister, medical practitioner or other person prescribed by the regulations, or

(b) if the person is engaged by, and the person's services are paid for by--

(i) the Authority, or

(ii) Multicultural NSW, or

(iii) an employer or insurer, or

(iv) an industrial union of employees or employers, or

(v) any other person or body prescribed by the regulations.

(4) The regulations may make provision for or with respect to--

(a) applications for registration under this section and the disposal of any such applications, and

(b) the fees to be paid by applicants for registration, and

(c) the qualifications, experience, fitness and character of applicants for registration, and

(d) the duration of registration, and

(e) the conditions to which any registration is subject (including conditions regulating any related service provided by the registered person), and

(f) the cancellation or suspension of registration, and

(g) any other matter in connection with registration under this section.

(5) The regulations under this section are to provide for a right of appeal against a decision of the Authority--

(a) to refuse to register a person under this section, or

(b) to cancel or suspend any such registration, or

(c) to attach any condition to any such registration.

(6) The regulations may make provision for or with respect to the maximum amount that may be charged by a person who is registered or required to be registered under this section--

(a) for acting as interpreter as referred to in subsection (1), and

(b) for any related service provided to the worker concerned.

(7) A person who acts as interpreter in contravention of subsection (1) is not entitled to charge or recover any fee for so acting or for any related service provided to the worker concerned.

(8) A reference in this section--

(a) to a person acting as interpreter includes a reference to a person who translates documents into another language, or

(b) to a related service includes a reference to the services of an agent or adviser.