WORKERS COMPENSATION REGULATION 2016
WORKERS COMPENSATION REGULATION 2016
- Made under the Workers Compensation Act 1987 - As at 28 July 2023 - Reg 559 of 2016 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions PART 2 - WORK-RELATED DISEASES 4. Diseases taken to be work-related 5. Medical tests and results to determine whether brucellosis, Q fever or leptospirosis is work-related 5A. Firefighting bodies and agencies 5B. COVID-19--medical tests and results to determine if COVID-19 is work-related 5C. COVID-19--matters relating to incapacity 5D. COVID-19--prescribed employment PART 3 - PRE-INJURY AVERAGE WEEKLY EARNINGS--INJURIES OCCURRING BEFORE 21 OCTOBER 2019 6AA. Application of Part 6. Minimum amount of pre-injury average weekly earnings 7. Prescribed number of hours each week PART 4 - PRE-INJURY AVERAGE WEEKLY EARNINGS--INJURIES OCCURRING ON OR AFTER 21 OCTOBER 2019 Division 1 - Preliminary 8. Application and operation of Part 8AA. Definitions 8AB. Minimum amount of pre-injury average weekly earnings--Schedule 3, clause 2(4) Division 2 - Relevant earning period 8A. Operation of Division 8B. Adjustment for workers not continuously employed--Schedule 3, clause 2(3)(a) of 1987 Act 8C. Adjustment for financially material change to earnings--Schedule 3, clause 2(3)(a) of 1987 Act 8D. Alignment of relevant earning period with pay period--Schedule 3, clause 2(3)(b) of 1987 Act 8E. Adjustment for unpaid leave--Schedule 3, clause 2(3)(a) of 1987 Act 8EA. Adjustment for prescribed periods relating to COVID-19--Schedule 3, clause 2(3)(a) of 1987 Act Division 3 - Pre-injury average weekly earnings--short-term workers, apprentices, trainees and young people 8F. Pre-injury average weekly earnings for short-term workers--Schedule 3, clause 4(2) of 1987 Act 8G. Pre-injury average weekly earnings of apprentices, trainees and young people--Schedule 3, clause 5(3)(c) of 1987 Act Division 4 - Pre-injury average weekly earnings agreements 8H. Operation of Division 8I. Agreements to be approved by insurer--Schedule 3, clause 3(2) 8J. Application for approval of agreement--Schedule 3, clause 3(1) 8K. Approval of agreement--Schedule 3, clause 3(1) 8L. Variation of agreement 8M. Withdrawal of pre-injury average weekly earnings agreement--Schedule 3, clause 3(2) and (3) Division 5 - Miscellaneous 8N. Insurer procedures for work capacity decisions--section 44BAA PART 5 - RETURN TO WORK ASSISTANCE 9. Liability to pay compensation for work assistance 10. Liability to pay compensation for education or training PART 6 - RETURN-TO-WORK PROGRAMS UNDER THE 1998 ACT 11. Time within which program to be established 12. Offence--failure to establish program 13. Standard return-to-work programs for category 2 employers 14. Program to comply with return-to-work guidelines etc 15. Return-to-work guidelines for programs--directions 16. Nomination in programs of approved providers of workplace rehabilitation services 16A. Notification of program 17. Offence--failure to display or notify program 18. Notification etc of program by category 2 employer 19. Category 1 employers must have return-to-work co-ordinator 20. Functions of return-to-work co-ordinators 21. Exemptions PART 7 - APPROVAL OF WORKPLACE REHABILITATION PROVIDERS 22. Application for certificate of approval 23. Determination of application 24. Form of certificate of approval 25. Holder of certificate to comply with conditions 26. Amendment of certificate 27. Notice of refusal 28. Duration of certificates 29. Surrender of certificates 30. Duplicate certificates 31. Register of certificates 32. False or misleading statements 33. Cancellation or suspension of certificate 34. False claim of approval PART 8 - NOTICES AND CLAIMS PROCEDURE 35. Notification of workplace injury 36. Employer must give early notification of workplace injury 37. Notice of injury involving loss of hearing 38. Notice of insurer decisions 38A. Notice of insurer decisions--work injury damages 38B. Notice requirements--coal miners 39. Form of notice to be posted up at workplace 40. Form of register of injuries to be kept at workplace 41. Access to certain medical reports and other reports obtained by insurer 42. Interim payment direction not presumed to be warranted 42A. Review of decisions by insurer 42B. Notice of review decision PART 9 - RESTRICTIONS ON OBTAINING MEDICAL REPORTS 43. Definitions 44. Restrictions on number of medical reports that can be admitted 45. Supplementary reports admissible 46. Restriction on disclosure of forensic medical reports to medical assessors 47. Restrictions on recovery of cost of medical reports 48. Medical treatment not affected 49. Reports of medical panels and referees not affected PART 10 - INSURANCE POLICIES 50. Administration fees and late payment fees for exempt employers 51. Provisions of policies of insurance 52. Excess recoverable from employer 53. Information to be provided for certificate of currency 54. Certificate of currency--period of insurance 55. Liability for subcontractor premiums--exemption for farming operations 56. Employers excluded from grouping provisions PART 11 - MODIFICATION OF PROVISIONS APPLYING TO SELF-INSURERS 57. Interpretation 58. References to "insurer" 59. Modification of exceptions for self-insurers 60. Preparation of injury management plan 61. Self-insurer's licence PART 12 - WORKERS COMPENSATION OPERATIONAL FUND 62. Definitions 63. Definition of "premium income" for purposes of insurers' contributions 64. Definition of "deemed premium income" for purposes of self-insurers' contributions PART 13 - DEEMED EMPLOYMENT 65. Ministers of religion PART 14 - INSURERS' GUARANTEE FUND 66. Definitions 67. Financial years for contributions to Insurers' Guarantee Fund 68. Time etc for payment of insurer's contribution 69. Further contributions payable by insurers 70. Determination of contributions and further contributions PART 15 - PENALTY NOTICE OFFENCES 71. Penalty notice offences PART 16 - MARKETING OF WORK INJURY AGENT SERVICES Division 1 - Preliminary Note 72. Definitions Division 2 - Advertising by agents 73. Restrictions on advertising work injury services 74. Exception for advertising specialty 75. Other exceptions 76. Responsibility for employees and others 77. Responsibility for advertisements published by others Division 3 - Advertising by persons other than agents or lawyers 78. Application of Division 79. Definition of "work injury advertisement" 80. Restrictions on work injury advertisements 81. Exception for advertising specialty 82. Other exceptions 83. Protection of publishers PART 17 - COSTS Division 1 - Preliminary 84. Definitions 85. Definition of "costs" 86. Costs not regulated by this Part Division 2 - Costs recoverable in compensation matters Subdivision 1 - Preliminary 87. Application of Division Subdivision 2 - Maximum costs recoverable by law practices and agents in compensation matters 88. Maximum costs recoverable 89. Maximum costs involving medical or related treatment or certain fees for health service providers 90. Costs not recoverable in certain circumstances (workers compensation matters) Division 3 - Costs recoverable in work injury damages matters Subdivision 1 - Maximum costs recoverable by law practices in work injury damages matters 91. Application of Division 92. Fixing of maximum costs recoverable by law practices 93. Contracting out--law practice/client costs Subdivision 2 - Restriction on awarding of costs Note 94. Costs where claimant no less successful than claimant's final offer 95. Costs where claimant less successful than insurer's final offer or insurer found not liable 96. Costs in other cases 97. Deemed offer where insurer denies liability and no mediation occurs or mediation fails 98. Subdivision does not apply to ancillary proceedings 99. Multiple parties Division 3A - (Repealed) None Division 4 - Assessment of costs Subdivision 1 - Preliminary 100. Definitions 101. Application by client for assessment of law practice/client or agent/client costs 102. Application by instructing law practice or agent for assessment of law practice/client or agent/client costs 103. Application by billing law practice or agent for assessment of law practice/client or agent/client costs 104. Application for assessment of party/party costs--compensation matters 105. Application for assessment of party/party costs--work injury damages matters 106. Making an application for assessment 107-109. (Repealed) 110. Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court Subdivision 2 - Assessment of bills of costs between law practice or agent and client 111. Assessment of bills generally 112. Additional matters to be considered in assessing bills of costs 113. Costs agreements not subject to assessment 114. Unjust costs agreements 115. Interest on amount outstanding Subdivision 3 - Assessment of party/party costs 116. Assessment of costs--costs ordered by court or Commission or subject of agreement 117. Additional matters to be considered by Commission in assessing costs ordered by court or Commission 118. Effect of costs agreements in assessments of party/party costs 119. Court or Commission may specify amount etc Subdivision 4 - Enforcement of assessment 120. Certificate as to determination 121. Reasons for determination 122. Recovery of costs of costs assessment 123. (Repealed) 124. Determination to be final Subdivision 5 - Appeals 125. Appeal against decision of Commission as to matter of law 126. Effect of appeal on application Subdivision 6 - Miscellaneous 127. Liability of law practice or agent for costs in certain cases 128. Referral of misconduct to designated local regulatory authority Division 5 - Goods and services tax 129. GST may be added to costs Division 6 - Miscellaneous 130. Modifications to Legal Profession Uniform Law (NSW) relating to assessment of costs 131. Special provision for matters involving coal miners 132. Bill of costs to be in approved form 133. Costs orders in respect of certain matters PART 18 - INSURANCE PREMIUMS Division 1 - Preliminary 134. Application of Part 135. Definitions 136. Meaning of "injury year" 137. Non wages-based calculation of premium Division 2 - Declaration of wages 138. Employer to supply insurer with return relating to wages--standard policies 139. Employer to supply insurer with return relating to wages--retro-paid loss premium policies 140. Experience premium return 141. Offence by employer Division 3 - Input tax credit entitlements 142. Employer to give insurer notice of input tax credit entitlement Division 4 - Certification of cost of claims 143. Definitions 144. Prevention of double allowance for provisional compensation payments 145. Cost of an individual claim 146. Cost of provisional payments of compensation 147. Certificates relating to cost of claims 148. Effect of certificate 149. Certificates by scheme agents relating to cost of claims--retro-paid loss premium policy 150. Employers who were previously self-insurers Division 5 - Demand for premium 151. Notice of premium calculation Division 6 - Payment of premiums by instalments 152. Payment of premiums by instalments 153-161. Division 7 - Miscellaneous 162. Transitional--operation of amendments 163. Rebate of premium where fraud or mistake involved in claims PART 19 - MISCELLANEOUS 164. Disclosure of information for complaint about health practitioners 165. Disclosure of information to Long Service Corporation--the 1998 Act, s 243(2) 166. Additional records to be kept by employers 167. Uninsured liabilities--modification of provisions of 1987 Act 168. Costs of medical assessment 169. (Repealed) 170. Proceedings to enter up award on agreement for compensation 171. Powers of entry by inspectors 172. Power to obtain information, documents and evidence 173. Applications for licences 174. Medical practitioner may be required to attend Commission 175. Evidence as to work capacity for second or subsequent certificates 176. Service of notices--the 1998 Act, s 236 177. Lump sum death benefit--additional compensation fees SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8