New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006

- Made under the Workplace Injury Management and Workers Compensation Act 1998
- As at 1 November 2006
- Reg 658 of 2006

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.1.    Name of rules
   1.2.    Commencement
   1.3.    Repeal and transitional
   1.4.    Interpretation
   1.5.    Procedure wanting or in doubt
   1.6.    Adherence to and relief from rules

   PART 2 - ADMINISTRATION

   2.1.    Registry
   2.2.    Location of registry
   2.3.    Hours of business
   2.4.    Registers
   2.5.    Seal

   PART 3 - TIME

   3.1.    Fixing of time
   3.2.    Extension and abridgment of time
   3.3.    Running of time
   3.4.    Time of commencement of proceedings

   PART 4 - DOCUMENTS GENERALLY

   4.1.    Form of documents
   4.2.    Amendment of documents

   PART 5 - ELECTRONIC CASE MANAGEMENT

   5.1.    Definition
   5.2.    Users of the system
   5.3.    Electronic lodging of documents
   5.4.    Lodging of statutory declarations
   5.5.    Electronic issuing of a document

   PART 6 - PERSONS UNDER LEGAL INCAPACITY

   6.1.    Definition
   6.2.    Proceedings generally
   6.3.    Proceedings for work injury damages

   PART 7 - REPRESENTATION

   7.1.    Notice of representation

   PART 8 - SERVICE AND LODGING OF DOCUMENTS

   8.1.    Service of documents by or on Commission and lodging of documents
   8.2.    Service on Authority
   8.3.    Address for service
   8.4.    Service at address for service
   8.5.    Sealed copies of documents
   8.6.    Substituted service
   8.7.    Service in a foreign country

   PART 9 - PROCEEDINGS COMMENCED OTHER THAN BY APPLICATION TO RESOLVE A DISPUTE

   9.1.    Application of Part
   9.2.    Proceedings commenced by application for interim payment direction
   9.3.    Interim payment directions
   9.4.    Notice of revocation by Registrar of interim payment direction
   9.5.    Refund of interim payment direction payments
   9.6.    Review of order to refund payments
   9.7.    Workplace injury management plans
   9.8.    Referral to Arbitrator of workplace injury management dispute
   9.9.    Partial dependants of deceased worker
   9.10.   Registration of commutation agreements

   PART 10 - PROCEEDINGS COMMENCED BY APPLICATION TO RESOLVE A DISPUTE

   10.1.   Application of Part
   10.2.   Commencement by application to resolve a dispute
   10.3.   Material to be lodged with application or reply
   10.4.   Reply by respondent

   PART 11 - JOINDER OF ADDITIONAL PARTIES AND DISPUTES

   11.1.   Joining other parties and disputes

   PART 12 - NOTICES FOR PRODUCTION

   12.1.   Definitions
   12.2.   Notice for production
   12.3.   Time for service and production
   12.4.   Compliance with notice for production
   12.5.   Opposition to objection
   12.6.   Conduct money

   PART 13 - DIRECTIONS FOR PRODUCTION AND SUMMONSES

   13.1.   Production of Commission records
   13.2.   Definitions
   13.3.   Request for direction for production
   13.4.   Direction for production
   13.5.   Service of direction
   13.6.   Conduct money and expenses
   13.7.   Compliance
   13.8.   Objection by producer
   13.9.   Objection after production by a party entitled to first access
   13.10.  Inspection of produced material
   13.11.  Return of documents
   13.12.  Exercise of function or power under this Part
   13.13.  Summons-issue and service
   13.14.  Summons-variation
   13.15.  Summons-non-compliance

   PART 14 - EVIDENCE

   14.1.   Tapes, films, photographs, etc
   14.2.   Calling of witnesses
   14.3.   Expert witness

   PART 15 - FURTHER PROVISIONS REGARDING PROCEEDINGS

   15.1.   Procedural orders by Arbitrators
   15.2.   Principles of procedure
   15.3.   Measures to assist parties
   15.4.   Statement as to agreed facts and issues
   15.5.   Schedule of earnings
   15.6.   Certificates of determination
   15.7.   Discontinuance
   15.8.   Dismissal for want of due despatch
   15.9.   Determination by consent order

   PART 16 - REFERRAL OF QUESTIONS OF LAW AND APPEALS

   16.1.   Referral of question of law
   16.2.   Appeal against Arbitrator’s decision

   PART 17 - WORK INJURY DAMAGES

   17.1.   Definitions
   17.2.   Threshold disputes
   17.3.   Pre-filing statement
   17.4.   Material to be served with pre-filing statement
   17.5.   Pre-filing defence
   17.6.   Material to be served with pre-filing defence
   17.7.   Defective pre-filing statement
   17.8.   Directions for access to information and premises
   17.9.   Referral for mediation
   17.10.  Response to application for mediation
   17.11.  Mediator unable to mediate
   17.12.  Certificate of mediation outcome

   PART 18 - MISCELLANEOUS

   18.1.   Practice Directions
   18.2.   Certificate as to amount ordered to be paid
   18.3.   Interpreters
   18.4.   Continuation of proceedings in the case of death or bankruptcy and substitution of parties