WORKERS COMPENSATION (GENERAL) REGULATION 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 (Repealed)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 (Repealed)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

• 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

• 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

• 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

• 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