New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
- Made under the Workers Compensation Act 1987
- As at 22 August 2003
- Reg 540 of 1995
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
3A. Notes
4. Forms
PART 2 - WORK RELATED DISEASES
5. Diseases deemed work related
6. Brucellosis, Q fever and leptospirosis-medical tests and results to determine whether work related
PART 3 - FUNERAL EXPENSES
7. Sec 27 (b): maximum amount for funeral expenses
PART 4 - CURRENT WEEKLY WAGE RATE
8. Definitions
9. Sec 42 (1) (c), (5) (b): prescribed classes of workers by Ministerial order
10. Sec 42 (1) (c), (5) (b): prescribed classes of workers etc-shearers
11. Sec 42 (1) (c), (5) (b): prescribed classes of workers etc-certain meat industry workers
12. Sec 42 (1) (d): prescribed rate
PART 5 - INDEXATION OF AMOUNTS OF BENEFITS
13. Sec 79: definition of “latest index number”
PART 6 - WEEKLY COMPENSATION
14. Notice of requirement to obtain suitable employment from other person
15. Notice of intention to discontinue or reduce weekly payments
PART 7 - TREATMENT IN A HOSPITAL OTHER THAN A PUBLIC HOSPITAL
16. Definitions
17. Sec 62 (1)-prescribed rates
PART 8 - TREATMENT IN A PUBLIC HOSPITAL
18. Definitions
19. Sec 62 (1)-prescribed rates
PART 9 - MOTOR VEHICLE TRAVEL ASSOCIATED WITH TREATMENT OR SERVICE
20. Sec 64 (b): prescribed rate applicable for travel associated with treatment or service
PART 10 - OCCUPATIONAL REHABILITATION SERVICES
21. Definition
22. Occupational rehabilitation service-additional services
23. Occupational rehabilitation services-maximum amount for which employer liable
24. Directions to employers under sec 63A (4)-insurers authorised
25. Applications under sec 63A-generally
26. Applications under sec 63A (4)-services provided by more than one provider etc
27. Directions by insurers-special provisions
28. Conditions etc-directions under sec 63A (4)
29. Review by the Authority
30. Revocation by Authority of direction under sec 63A (4)
31. Submissions to Authority
32. Payment under direction by Authority not admission of liability
33. Claims under Uninsured Liability and Indemnity Scheme
34. Application of Part to self-insurers
35. Application of Part to proceedings pending in Compensation Court or Commission
36. (Repealed)
37. Authority not prevented from giving opinion on rehabilitation liability
PART 11 - NOTICES AND CLAIMS PROCEDURE
38. Notice of injury involving loss of hearing
39, 40. (Repealed)
40A. Notice of dispute about liability
41. Form of notice to be posted up at workplace
42. Form of register of injuries to be kept at mine etc
42A. Access to certain reports obtained by insurer: sec 73 of 1998 Act
42B. Interim payment direction not presumed to be warranted: sec 297 of 1998 Act
PART 12 - MEDICAL EXAMINATIONS AND DISPUTES
43. Medical examination of worker at direction of employer
43A. Access to medical opinion or report obtained by employer: sec 119 of 1998 Act
44. Application to refer matter to medical referee or panel etc
PART 13 - (Repealed)
PART 13A - RESTRICTIONS ON OBTAINING MEDICAL REPORTS
51E. Definitions
51F. Restrictions on number of medical reports that can be admitted
51G. Permissible updates of medical reports
51H. Restrictions on recovery of cost of medical reports
51I. Medical treatment not affected
51J. Reports of medical panels and referees not affected
51K. Transitional
PART 14 - INSURANCE POLICIES
52. Provisions of policies of insurance
53. Trainees under Australian Traineeship System
54. Prescriptions for purposes of $500 excess recoverable from employer
54A. Amnesty for insurance contraventions
54B. Information to be provided for certificate of currency
54C. Liability for subcontractor premiums-exemption for farming operations
PART 15 - INSURERS’ CONTRIBUTION FUND
55. Definition of “financial year”
56. Definition of “premium income”
57. Prescribed contribution payable by insurer
58. Time for payment of insurer’s contribution
PART 16 - WORKCOVER AUTHORITY FUND
59. Definitions
60. Definition of “premium income” for purposes of insurers’ contributions
61. Definition of “deemed premium income” for purposes of self-insurers’ contributions
62. Alternative contribution by self-insurers
PART 17 - DEEMED EMPLOYMENT
63. Ministers of religion
PART 18 - PREMIUMS ADJUSTMENT FUND
64. Definitions of “financial year” and “Fund”
65. Definition of “premium income”
66. Amount of contribution payable by insurer into Fund
67. Time for payment of contribution by insurer into Fund
PART 19 - INSURERS’ GUARANTEE FUND
68. Definitions
69. Financial years for contributions to Insurers’ Guarantee Fund
70. Time etc for payment of insurer’s contribution
71. Further contributions payable by insurers
72. Rebates for insurers who contributed to an advance from the Premiums Adjustment Fund
73. Determination of contributions and further contributions
PART 19A - PENALTY NOTICE OFFENCES
73A. Penalty notice offences
73B. Short descriptions
PART 19B - ADVERTISING OF WORKERS COMPENSATION SERVICES
Note
73C. Definitions
73D. Restriction on advertising work injury services
73E. Exception for advertising specialty
73F. Other exceptions
73G. Responsibility for employees and others
73GA. Double jeopardy
73GB. Transitional-finalised publications
PART 19C - SAVINGS AND TRANSITIONAL PROVISIONS
73H. Application of Chapter 4 of 1998 Act
73I. Restrictions on commencing court proceedings
73J. Submission of methodology for calculating risk premium
73K. Time for making claim
73L. Continuation of OHS Council
73M. Contributions to WorkCover Authority Fund
73N. Reduction of maximum section 38 benefits period
73O. Election of damages or compensation
73P. Saving in connection with amendment to section 51 of the 1987 Act
73Q. Application of amendment to section 52 of the 1987 Act
73R. Application of amendments to definition of “wages”
PART 20 - MISCELLANEOUS
74. Amendment relating to 18 month limit for common law claims-transitional provision
75. Additional records to be kept by employers
76. Interest on compensation for loss of hearing in some cases
77. Uninsured Liability and Indemnity Scheme-modification of provisions of the Act
78. Repeal of 1987 Regulation
79. Application of sections 52A and 52B to cases of late claims and early disputes
81. Exemptions for coal miners-1996 amendments
82. Costs of medical assessment: sec 330 of 1998 Act
83. Arrangement of business before Commission: sec 349 of 1998 Act
84. Proceedings to enter up award on agreement for compensation: sec 66B of 1987 Act
PART 21 - PROVISIONS CONSEQUENT ON ENACTMENT OF 2001 AMENDING ACTS
Division 1 - Preliminary
85. Definitions
Division 2 - Cessation of conciliation
86. Cessation of conciliation
87. Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments)
88. Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation)
89. Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses)
90. Modification of sec 74 of 1998 Act (Insurers to give notice and reasons when liability disputed)
91. Modification of sec 121 of 1998 Act (Assessment of medical disputes by approved medical specialists)
Division 3 - Medical assessment of new claims in respect of pre-commencement injuries
92. Assessment of impairment dispute
Division 4 - Transfer of existing claims
93. Transfer of existing claims
93A. Transfer of existing claims by election of worker
93B. Continuing jurisdiction of Compensation Court
94. Transitional provision-certificates
94A. Modification of sec 281 of 1998 Act
94B. Modification of sec 282 of 1998 Act
Division 5 - Miscellaneous
95. Uninsured Liability and Indemnity Scheme
96. Repeal of private insurance arrangements
97. Appointment of mediators
PART 22 - PROVISIONS FOR COAL MINERS CONSEQUENT ON ENACTMENT OF 2001 AMENDING ACTS
98. Definitions
99. Compensation Court conciliators
100. Conciliation
101. Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments)
102. Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation)
103. Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses)
104. Application of amendments made by Workers Compensation (General) Amendment (Savings, Transitional and Other Matters) Regulation 2001
PART 23 - COSTS
Division 1 - Preliminary
105. Definition
106. Costs not regulated by this Part
Division 2 - Costs recoverable in compensation matters
Subdivision 1 - Preliminary
107. Application of Division
Subdivision 2 - Maximum costs recoverable by legal practitioners and agents in compensation matters
108. Fixing of maximum costs recoverable by legal practitioners and agents
108A. Special provisions for costs where worker elects to transfer claim to Commission
Division 3 - Costs recoverable in work injury damages matters
Subdivision 1 - Maximum costs recoverable by legal practitioners in work injury damages matters
109. Application of Division
110. Fixing of maximum costs recoverable by legal practitioners
111. Contracting out-practitioner/client costs
Subdivision 2 - Restriction on awarding of costs
Note
112. Costs where claimant no less successful than claimant’s final offer
113. Costs where claimant less successful than insurer’s final offer or insurer found not liable
114. Costs in other cases
115. Deemed offer where insurer denies liability and no mediation
116. Subdivision does not apply to ancillary proceedings
117. Multiple parties
Division 4 - Assessment of costs
Subdivision 1 - Preliminary
118. Definitions
119. Applications by clients
120. Applications by instructing practitioners or agents for assessment of costs in bills
121. Application for assessment of costs by legal practitioner or agent giving bill
122. Application for assessment of party/party costs
123. How is an application to be made?
124. Persons to be notified of application
125. Registrar may require documents or further particulars
126. Consideration of applications
127. 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 practitioner or agent and client
128. Assessment of bills generally
129. Additional matters to be considered in assessing bills of costs
130. Costs agreements not subject to assessment
131. Unjust costs agreements
132. Interest on amount outstanding
Subdivision 3 - Assessment of party/party costs
133. Assessment of costs-costs ordered by court or Commission
134. Additional matters to be considered by Registrars in assessing costs ordered by court or Commission
135. Effect of costs agreements in assessments of party/party costs
136. Court or Commission may specify amount etc
Subdivision 4 - Enforcement of assessment
137. Certificate as to determination
138. Reasons for determination
139. Recovery of costs of costs assessment
140. Correction of error in determination
141. Determination to be final
Subdivision 5 - Appeals
142. Appeal against decision of Registrar as to matter of law
143. Effect of appeal on application
Subdivision 6 - Miscellaneous
144. Liability of legal practitioner or agent for costs in certain cases
145. Referral of misconduct to Legal Services Commissioner
Division 5 - Goods and services tax
146. GST may be added to costs
Division 6 - Miscellaneous
147. Modifications to Legal Profession Act 1987 relating to assessment of costs
148. Transitional provisions
149. Special provision for matters involving coal miners
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7