WORKERS COMPENSATION REGULATION 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

• 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

• 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

• 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

• 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

• 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

• 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)

• 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

• 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

• 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

• 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
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• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
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• SCHEDULE 7