This legislation has been repealed.
- Made under the Workers Compensation Act 1987 - As at 1 February 2011 - Reg 628 of 2003 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 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 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 14A. Computation of average weekly earnings 15. Notice of intention to discontinue or reduce weekly payments PART 6A - RETURN-TO-WORK PROGRAMS 15A. Time within which program to be established 15B. Offence-failure to establish program 15C. Standard return-to-work programs for category 2 employers 15D. Program to comply with guidelines etc 15E. Guidelines for programs-directions 15F. Nomination in programs of accredited providers of rehabilitation services 15G. Offence-failure to display or notify program 15H. Notification etc of program by category 2 employer 15I. Category 1 employers must have return-to-work co-ordinator 15J. Functions of return-to-work co-ordinators 15K. Shared return-to-work programs 15L. Exemptions PART 7 - OCCUPATIONAL REHABILITATION SERVICES 16. Definition 17. Occupational rehabilitation service-additional services 18. Occupational rehabilitation services-maximum amount for which employer liable 19. Directions to employers under sec 63A (4)-insurers authorised 20. Applications under sec 63A-generally 21. Applications under sec 63A (4)-services provided by more than one provider etc 22. Directions by insurers-special provisions 23. Conditions etc-directions under sec 63A (4) 24. Review by Authority 25. Revocation by Authority of direction under sec 63A (4) 26. Submissions to Authority 27. Payment under direction by Authority not admission of liability 28. Claims relating to uninsured liabilities 29. Application of Part to self-insurers 30. Application of Part to proceedings pending in District Court or Commission 31. Authority not prevented from giving opinion on rehabilitation liability PART 7A - ACCREDITATION OF REHABILITATION PROVIDERS 31A. Application for certificate of accreditation 31B. Determination of application 31C. Form of certificate of accreditation 31D. Conditions of certificate 31E. Amendment of certificate 31F. Notice of refusal 31G. Duration of certificates 31H. Surrender of certificates 31I. Duplicate certificates 31J. Register of certificates 31K. False or misleading statements 31L. Cancellation or suspension of certificate 31M. False claim of accreditation PART 8 - NOTICES AND CLAIMS PROCEDURE 32. Notification of workplace injury 32A. Employer must give early notification of significant workplace injury 33. Notice of injury involving loss of hearing 34. Notice of dispute about liability 35. Form of notice to be posted up at workplace 36. Form of register of injuries to be kept at mine etc 37. Access to certain medical reports and other reports obtained by insurer: sections 73 and 126 of 1998 Act 38. Interim payment direction not presumed to be warranted: sec 297 of 1998 Act PART 9 - MEDICAL EXAMINATIONS AND DISPUTES 39, 40. (Repealed) 41. Application to refer matter to medical referee or panel etc PART 10 - RESTRICTIONS ON OBTAINING MEDICAL REPORTS 42. Definitions 43. Restrictions on number of medical reports that can be admitted 43AA. Supplementary reports admissible 43A. Restriction on disclosure of forensic medical reports to approved medical specialists 44. (Repealed) 45. Restrictions on recovery of cost of medical reports 46. Medical treatment not affected 47. Reports of medical panels and referees not affected 48. Transitional 48A. Further transitional provision PART 11 - INSURANCE POLICIES 48B. Administration fees and late payment fees for exempt employers 49. Provisions of policies of insurance 50. (Repealed) 51. Excess recoverable from employer: section 160 52. Information to be provided for certificate of currency 52A. Certificate of currency-period of insurance 53. Liability for subcontractor premiums-exemption for farming operations 53A. Employers excluded from grouping provisions: section 175D (3) PART 11A - MODIFICATION OF PROVISIONS APPLYING TO SELF-INSURERS 53AA. Interpretation 53AB. References to “insurer” 53AC. Modification of exceptions for self-insurers 53AD. Preparation of injury management plan 53AE. Self-insurer’s licence PART 12 - INSURERS’ CONTRIBUTION FUND 54. Definition of “financial year” 55. Definition of “premium income” 56. Prescribed contribution payable by insurer 57. Time for payment of insurer’s contribution PART 13 - WORKCOVER AUTHORITY FUND 58. Definitions 59. Definition of “premium income” for purposes of insurers’ contributions 60. Definition of “deemed premium income” for purposes of self-insurers’ contributions 61. Alternative contribution by self-insurers PART 14 - DEEMED EMPLOYMENT 62. Ministers of religion PART 15 - PREMIUMS ADJUSTMENT FUND 63. Definitions of “financial year” and “Fund” 64. Definition of “premium income” 65. Amount of contribution payable by insurer into Fund 66. Time for payment of contribution by insurer into Fund PART 16 - INSURERS’ GUARANTEE FUND 67. Definitions 68. Financial years for contributions to Insurers’ Guarantee Fund 69. Time etc for payment of insurer’s contribution 70. Further contributions payable by insurers 71. Rebates for insurers who contributed to an advance from the Premiums Adjustment Fund 72. Determination of contributions and further contributions PART 17 - PENALTY NOTICE OFFENCES 73. Penalty notice offences PART 18 - MARKETING OF WORK INJURY LEGAL SERVICES AND AGENT SERVICES Division 1 - Preliminary Note 74. Definitions Division 2 - Advertising by lawyers and agents 75. Restriction on advertising work injury services 75A. Exception for advertisements about discrimination-community legal centres 76. Exception for advertising specialty 77. Other exceptions 78. Responsibility for employees and others 78A. Responsibility for advertisements published by others 79. Double jeopardy 80. Transitional-finalised publications Division 3 - Advertising by persons other than lawyers and agents 80A. Application of Division 80B. Definition of “work injury advertisement” 80C. Restrictions on work injury advertisements 80D. Exception for advertisements about discrimination-community legal centres 80E. Exception for advertising specialty 80F. Other exceptions 80G. Protection of publishers 80H. Double jeopardy 80I. Transitional-finalised publications PART 19 - COSTS Division 1 - Preliminary 81. Definitions 81A. Sec 332 of 1998 Act: definition of “costs” 82. Costs not regulated by this Part Division 2 - Costs recoverable in compensation matters Subdivision 1 - Preliminary 83. Application of Division Subdivision 2 - Maximum costs recoverable by legal practitioners and agents in compensation matters 84. Maximum costs recoverable 84A. Maximum costs involving medical or related treatment or certain fees for health service providers 85. Special provisions for costs where claim transferred to Commission 85A. Costs not recoverable in certain circumstances (workers compensation matters) Division 3 - Costs recoverable in work injury damages matters Subdivision 1 - Maximum costs recoverable by legal practitioners in work injury damages matters 86. Application of Division 87. Fixing of maximum costs recoverable by legal practitioners 88. Contracting out-practitioner/client costs Subdivision 2 - Restriction on awarding of costs Note 89. Costs where claimant no less successful than claimant’s final offer 90. Costs where claimant less successful than insurer’s final offer or insurer found not liable 91. Costs in other cases 92. Deemed offer where insurer denies liability and no mediation occurs or mediation fails 93. Subdivision does not apply to ancillary proceedings 94. Multiple parties Division 4 - Assessment of costs Subdivision 1 - Preliminary 95. Definitions 96. Application by client for assessment of practitioner/client or agent/client costs 97. Application by instructing practitioner or agent for assessment of practitioner/client or agent/client costs 98. Application by billing practitioner or agent for assessment of practitioner/client or agent/client costs 98A. Application for assessment of party/party costs-compensation matters 99. Application for assessment of party/party costs-work injury damages matters 100. How is an application to be made? 101. Persons to be notified of application 102. Registrar may require documents or further particulars 103. Consideration of applications 104. 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 105. Assessment of bills generally 106. Additional matters to be considered in assessing bills of costs 107. Costs agreements not subject to assessment 108. Unjust costs agreements 109. Interest on amount outstanding Subdivision 3 - Assessment of party/party costs 110. Assessment of costs-costs ordered by court or Commission or subject of agreement 111. Additional matters to be considered by Registrar in assessing costs ordered by court or Commission 112. Effect of costs agreements in assessments of party/party costs 113. Court or Commission may specify amount etc Subdivision 4 - Enforcement of assessment 114. Certificate as to determination 115. Reasons for determination 116. Recovery of costs of costs assessment 117. Correction of error in determination 118. Determination to be final Subdivision 5 - Appeals 119. Appeal against decision of Registrar as to matter of law 120. Effect of appeal on application Subdivision 6 - Miscellaneous 121. Liability of legal practitioner or agent for costs in certain cases 122. Referral of misconduct to Legal Services Commissioner Division 5 - Goods and services tax 123. GST may be added to costs Division 6 - Miscellaneous 124. Modifications to Legal Profession Act 1987 relating to assessment of costs 125. Transitional provisions 125A. Transitional provisions-amendments made by Workers Compensation Amendment (Costs) Regulation 2006 126. Special provision for matters involving coal miners 126A. Bill of costs to be in approved form 126B. Costs orders in respect of certain matters PART 20 - INSURANCE PREMIUMS Division 1 - Preliminary 127. Definitions 128. Meaning of “injury year” 129. Non wages-based calculation of premium Division 2 - Declaration of wages 130. Employer to supply insurer with return relating to wages-standard policies 131. Employer to supply insurer with return relating to wages-retro-paid loss premium policies 132. Experience premium return 133. Offence by employer Division 3 - Input tax credit entitlements 134. Employer to give insurer notice of input tax credit entitlement Division 4 - Certification of cost of claims 135. Definitions 136. Prevention of double allowance for provisional compensation payments 137. Cost of an individual claim 138. Cost of provisional payments of compensation 139. Certificates relating to cost of claims 140. Effect of certificate 140A. Certificates by scheme agents relating to cost of claims- retro-paid loss premium policy 141. Employers who were previously self-insurers Division 5 - Demand for premium 142. Notice of premium calculation Division 6 - Procedure before Authority relating to insurance premiums 143. Applications 144. Answer 145. Decision of Authority 146. Procedure generally Division 7 - Policies exempt from insurance premiums orders 147. Further policies exempt from order-unregulated premiums Division 8 - Payment of premiums by instalments Subdivision 1 - Preliminary 148. Application of Division 149. Definition Subdivision 2 - Payment in four instalments 149A. Policies under which premiums may be paid in four instalments 149B. Number, size and times for payment of instalments Subdivision 3 - Payment in twelve instalments 149C. Policies under which premiums may be paid in twelve instalments 149D. Number, size and times for payment of instalments Subdivision 4 - Payment in four instalments-retro-paid loss premium policies 149E. Policies under which premiums may be paid in four instalments 149F. Number, size and times for payment of instalments Subdivision 5 - Payment in twelve instalments-retro-paid loss premium policies 149G. Policies under which premiums may be paid in twelve instalments 149H. Number, size and times for payment of instalments Division 9 - Miscellaneous 150. Transitional-operation of amendments 150A. Rebate of premium where fraud or mistake involved in claims PART 21 - PREMIUM DISCOUNT SCHEME Division 1 - Preliminary 151. Commencement 151A. Staged closure of Premium Discount Scheme 152. Interpretation 153. Premium Discount Scheme 154. Employers eligible to participate in PDS (General) 155. Employers entitled to participate in Small Business Strategy Division 2 - Premium Discount Scheme (General) Subdivision 1 - Premium Discount Advisers 156. Approval of Premium Discount Advisers 157. Conditions of approval 158. Functions of a PDA 159. Relationship with employer 160. Principals of a PDA 161. Functions of Principals 162. Review of PDAs by Authority Subdivision 2 - PDA Ratings 163. Initial PDA Ratings 164. Subsequent determination of PDA Rating by Authority 165. PDA Rating not transferable Division 3 - Small Business Strategy 166. Approval of sponsors 167. Conditions of approval 168. Authority may invite proposals for small business discount programs 169. Assessment of proposals 170. Funding agreements 171. Relationship with employer 172. Functions of a sponsor 173. Review of sponsors by Authority Division 4 - Premium discounts 174. Definitions 175. First year of participation 176. Change in PDA Rating-first year of participation 177. Second year of participation 178. Change in PDA Rating-second year of participation 179. Third year of participation 180. Change in PDA Rating-third year of participation 181. Verifications 182. Provisional entitlement not confirmed 183. Year of participation may be repeated 184. Time limits on participation in Scheme Division 5 - Reviews and appeals 185. Internal review 186. Appeal to Administrative Decisions Tribunal Division 6 - Offences Note 187. Failure to comply with Code of Conduct 188. Purporting to be a PDA 189. Failure to notify Authority of changes concerning PDA Division 7 - General 190. Premium Discount Guidelines 191. Directions by Authority to PDAs or sponsors 192. Codes of Conduct 193. Calculation of premium discount 194. Powers of Authority if PDA or sponsor ceases to operate 195. Statistics PART 22 - MISCELLANEOUS 195A. Disclosure of information for complaint about health practitioners (s 243 (2) (d) of the 1998 Act) 196. Additional records to be kept by employers 197. Uninsured Liability and Indemnity Scheme-modification of provisions of the Act 197A. Delegation of Authority’s functions: sec 21 of 1998 Act 198. Costs of medical assessment: sec 330 of 1998 Act 199. Arrangement of business before Commission: sec 349 of 1998 Act 200. Proceedings to enter up award on agreement for compensation: sec 66B of 1987 Act 200A. Mine Safety Fund amounts payable under Insurance Premiums Order (July-December) 2005 and Insurance Premiums Order (January-June) 2006 200B. New claims procedures-appeal against decision of Commission constituted by Arbitrator PART 23 - SAVINGS, TRANSITIONAL AND OTHER PROVISIONS Division 1 - General 201. Repeal 202. Saving 203. Exemptions for coal miners-1996 amendments 204. Application of Chapter 4 of 1998 Act 205. Restrictions on commencing court proceedings 206. Time for making claim 207. Contributions to WorkCover Authority Fund 208. Reduction of maximum section 38 benefits period 208A. Effect of repeal of section 152 209. Application of amendment to section 52 of the 1987 Act 210. Application of amendments to definition of “wages” 211. Amendment relating to 18 month limit for common law claims-transitional provision 211A. Declarations by employers under clause 131 211B. Amendment relating to records kept about apprentices Division 2 - 1996 amending Act 212. Definition 213. Coal miners 214. Medical certificate accompanying weekly compensation claims 215. Discontinuation of weekly payments after 104 weeks-injuries before commencement of section 52A Division 3 - 2001 amending Acts Subdivision 1 - Preliminary 216. Definitions Subdivision 2 - Cessation of conciliation 217. Cessation of conciliation 218. Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments) 219. Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation) 220. Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses) 221. Modification of sec 74 of 1998 Act (Insurers to give notice and reasons when liability disputed) 222. Modification of sec 121 of 1998 Act (Assessment of medical disputes by approved medical specialists) Subdivision 3 - Medical assessment of new claims in respect of pre-commencement injuries 223. Assessment of impairment dispute Subdivision 4 - Transfer of existing claims 224. Transfer of existing claims 225. Transfer of existing claims by election of worker 226. Transfer of existing claims pending in Compensation Court on abolition of that Court 227. Transitional provision-certificates 228. Modification of sec 281 of 1998 Act 229. Modification of sec 282 of 1998 Act Subdivision 4A - Amendments relating to work injury damages-transitional provisions 229A. Application of 2001 amendments relating to work injury damages to discontinued transitional proceedings Subdivision 5 - Miscellaneous 230. Uninsured Liability and Indemnity Scheme 231. Appointment of mediators Division 4 - Coal miners-2001 amending Acts 232. Definitions 233, 234. (Repealed) 235. Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments) 236. Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation) 237. Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses) 238. Application of amendments made by Workers Compensation (General) Amendment (Savings, Transitional and Other Matters) Regulation 2001 Division 5 - Insurance Reforms-2003 amending Act Subdivision 1 - Insurance reforms 239. Interpretation 240. Authority to act as temporary agent 241. Directors under trustee duty 242. Construction of references 243. Contracts-references to Nominal Insurer 244. Transitional funding arrangements 245. Termination of temporary agency arrangements 246. Application of 2003 amendments to managed fund insurers 247. GIO General Limited authorised to act as temporary agent of Nominal Insurer Subdivision 2 - Uninsured Liability and Indemnity Scheme 247A. Interpretation 247B. Uninsured Liability and Indemnity Scheme 247C. Appeals against decisions of Authority 247D. Court proceedings for work injury damages Division 6 - 2006 amending Act 248. Definition 249. Saving 250. Transitional-prescriptions for purposes of excess recoverable from employer Division 7 - 2002 Regulation 251. Definition 252. Savings and transitional provisions-workplace injury management SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7