Northern Territory Consolidated Acts

WORK HEALTH ACT

TABLE OF PROVISIONS

           Long Title

   PART I - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Out of or in course of employment
   5.      Act to bind Crown

   PART II - WORK HEALTH AUTHORITY

   6.      Establishment of Work Health Authority
   7.      Composition of Authority
   8.      - 9. [Repealed]
   10.     Functions of Authority
   11.     Powers of Authority
   12.     Delegation
   13.     Ministerial control
   14.     Obtaining of information by Authority
   15.     Restrictions on disclosure of information by Authority
   16.     - 18. [Repealed]

   PART III - WORK HEALTH ADVISORY COUNCIL

   19.     Definitions
   20.     Work Health Advisory Council
   21.     Period of appointment
   22.     Leave of absence
   23.     Resignation of members
   24.     Dismissal of members
   25.     Functions and powers of Council
   26.     Meetings of Council
   27.     Annual report of Council

   PART IV - OCCUPATIONAL HEALTH AND SAFETY

           Division 1 - Preliminary

   28.     Definitions
   28A.    Part not to apply to mining site or mining activity
   28B.    Part not to apply to workplace etc. under Petroleum Act
   29.     Duties of employers
   30.     Duties of occupiers of workplaces
   30A.    Duties of self-employed persons
   30B.    Duties of manufacturers, &c.
   30C.    Duties of owners
   31.     Duties of workers
   32.     Immediate threat
   33.     Compliance with Regulations is compliance with this Part 34. Civil liability not affected by this Part

           Division 2 - Work Health Officers

   35.     Work health officers
   36.     Functions and powers of officers

           Division 3 - Investigations

   37.     Investigations
   38.     Employers, &c., to assist officer
   39.     Offences in relation to investigations

           Division 4 - Improvement and Prohibition Notices

   40.     Authority may issue improvement notice
   41.     Authority may issue prohibition notice
   41A.    Issuing of notices
   42.     Notices may include directions
   43.     Appeals against notices
   44.     Authority may carry out work

           Division 4A - Health and Safety Committees

   44A.    Health and safety committees
   44B.    Composition of health and safety committees
   44C.    Functions of health and safety committees
   44D.    Inspection of workplace
   44E.    Meetings
   44F.    Duties of employers in relation to health and safety committees
   44G.    Exemption from application of Division

           Division 5 - General

   45.     Discrimination against workers, &c.
   46.     Orders in proceedings for offences against section 45
   47.     - 48. [Repealed]
   48A.    Notification of accidents

   PART V - WORKERS COMPENSATION AND REHABILITATION

           Division 1 - Preliminary

   49.     Interpretation for Part V
   50.     Accredited vocational rehabilitation providers

           Division 2 - General

   51.     Application to sailors
   52.     Abolition of certain rights to bring action
   53.     Compensation in respect of injuries
   53AA.   Worker's employment connected with a State
   53AB.   Determination of State with which worker's employment is connected
   53AC.   Recognition of previous determination
   53A.    Compensation in respect of contact with bodily fluids
   54.     Entitlement to compensation under other laws
   55.     Liability in relation to disease
   56.     Payment of salary or wages for day of injury
   57.     Compensation not payable in certain circumstances
   58.     - 59. [Repealed]
   60.     Exclusion of entitlement in respect of certain travel accidents
   61.     Settling of journey claims

           Division 3 - Amount of Compensation
           Subdivision A - Death Benefits

   62.     Lump-sum compensation in respect of death
   63.     Prescribed children's benefits
           Subdivision B - Total Incapacity and Loss of Earning Capacity
   64.     Compensation during first 26 weeks of incapacity
   65.     Long-term incapacity
   65A.    Compensation not payable while worker in prison
   65B.    Compensation not payable while worker resides outside Australia
   66.     Prescribed compensation for certain persons
   67.     [Repealed]
   68.     Assessment of most profitable employment
   69.     Cancellation or reduction of compensation
           Subdivision C - Compensation for Permanent Impairment
   70.     Definition
   71.     Compensation for permanent impairment
   72.     Assessment of permanent impairment
           Subdivision D - Compensation for Medical, Surgical and Rehabilitation Treatment, &c.
   73.     Compensation for medical, surgical and rehabilitation treatment, &c.
           Subdivision E - Commutation of Certain Entitlements
   74.     Commutation

           Division 4 - Rehabilitation and other Compensation

   75.     Purpose
   75A.    Employer to assist injured worker to find suitable employment
   75B.    Worker to undertake reasonable treatment and training, or assessment
   76.     Rehabilitation training and workplace modification
   77.     Additional travel costs
   78.     Other rehabilitation

           Division 5 - Claim Procedures and Determination

   79.     Definition
   80.     Notice of injury and claim for compensation
   81.     Form of notice of injury
   82.     Form of claim
   83.     Service of claim
   84.     Employer to forward incident report and claim
   85.     Decision as to eligibility for compensation
   85A.    Worker may request information about weekly earnings
   86.     Application to alter level of weekly payments
   87.     Failure to decide within specified time
   88.     Weekly payments
   89.     Late payment of weekly payments
   90.     Return to work
   90A.    Employer may request information about earnings
   90B.    Initial medical opinion
   91.     Medical examinations
   91A.    Worker to provide medical certificate
   91B.    [Repealed]

   PART VI - WORK HEALTH COURT

           Division 1 - Preliminary

   92.     Definitions

           Division 2 - Establishment and Jurisdiction

   93.     Work Health Court
   94.     Powers of Court
   95.     Rules and procedures
   96.     Orders and commissions for examination of witness
   97.     Incidental powers and enforcement of orders
   98.     Representation before Court
   99.     Witnesses

           Division 3 - Managing Magistrate and Registrars

   99A.    Managing Magistrate
   100.    Registrar and Judicial Registrars
   101.    Assistant Registrars, &c.
   102.    Registrars may exercise certain powers of Court
   103.    Records of Court

   PART VIA - DISPUTE RESOLUTION

           Division 1 - Mediation

   103A.   Definitions
   103B.   Disputes
   103C.   Mediators
   103D.   Application for and conduct of mediation
   103E.   Recommendations by mediator
   103F.   Parties, representation and attendance
   103G.   Parties to pay own costs
   103H.   Offence
   103J.   Pre-condition to court proceedings
   103K.   Mediation proceedings privileged

           Division 2 - Claims for Compensation

   104.    Applications
   105.    Court list
   106.    Directions conference
   107.    Interim determination
   108.    Recording agreement
   109.    Unreasonable delay in settlement of compensation
   110.    Costs
   110A.   Procedure
   110B.   Legal professional privilege and section 12(2) of Evidence Act not to apply

           Division 3 - Appeals to and Review by Court

   111.    Application to Court
   112.    Appeals and disputes
   113.    Review of determination of Authority
   114.    Enforcement of decision

           Division 4 - Appeals from Registrar and Judicial Registrars

   114A.   Appeal to Magistrate

           Division 5 - Reservations of Points of Law and Appeals to Supreme Court

   115.    Points of law may be reserved for consideration of Supreme Court
   116.    Appeals

   PART VII - INSURANCE

           Division 1 - Preliminary

   117.    Definitions
   118.    Application of Part

           Division 2 - Approved Insurers and Self-insurers

   119.    Application for approval as approved insurer
   120.    Application for approval to self-insure
   121.    Period and renewal of approval
   121A.   Contribution towards administration costs
   122.    Additional information to be supplied
   123.    Notice of refusal
   124.    Revocation or suspension of approval
   124A.   Civil penalties
   125.    Offence by insurers

           Division 3 - Workers Compensation Insurance

   126.    Compulsory insurance
   126A.   Liability as between approved insurers
   127.    Subcontracting
   128.    Joint policies
   129.    Principal controlled sites
   130.    Statement of payments to workers to be supplied to insurer
   131.    Payment of premiums
   132.    Recovery of compensation from insurer
   133.    Payments by approved insurer
   134.    Effects of payment by approved insurer
   135.    Act of employer not defence of approved insurer
   136.    Recovery by approved insurer from employer
   137.    Default of approved insurer
   138.    Policies deemed to be cancelled in certain cases
   138A.   Expiration of policy
   139.    Inspection of policies

           Division 4 - Scheme Monitoring Committee and Premium Rates

   140.    Definitions
   141.    Scheme Monitoring Committee
   142.    Period of appointment
   143.    Resignation of members
   144.    Dismissal of members
   145.    Functions and powers of Committee
   146.    Authority to provide information to Committee
   147.    Obtaining of information by Committee
   148.    Meetings of Committee

           Division 5 - Nominal Insurer

   149.    Definitions
   150.    Establishment and purpose of Nominal Insurer
   151.    Composition of Nominal Insurer
   152.    Alternate member
   153.    Period of appointment
   154.    Chairperson
   155.    Resignation
   156.    Dismissal of members
   157.    Powers and functions
   158.    Disclosure of interest
   159.    Delegation
   160.    Meetings of Nominal Insurer
   161.    Validity of acts or decisions of Nominal Insurer

           Division 6 - Nominal Insurer's Fund

   162.    Nominal Insurer's Fund
   163.    Payments out of Fund
   164.    Annual estimates, determinations etc.
   164A.   Contributions by approved insurers and self-insurers
   164B.   Contributions by employers
   165.    Refund of moneys recovered, &c.
   166.    Temporary advances to Fund

           Division 7 - Claims By and Against Nominal Insurer, &c.

   167.    Claims for payment against Nominal Insurer where employer defaults or dead, &c.
   168.    Form of claim against Nominal Insurer
   169.    Time limit for making claim
   170.    Effect of service of claim on Nominal Insurer
   171.    Notice of claim to be given to employer
   172.    Conduct of claim by Nominal Insurer
   173.    Persons excluded from making claim
   174.    [Repealed]

           Division 8 - General

   175.    Worker's right to information
   176.    Remedies against employer and a stranger
   177.    Fines, &c., to be paid into Fund

   PART VIII - MISCELLANEOUS

           Division 1 - Legal Proceedings

   178.    General penalties
   179.    Time limit, &c., for complaint
   180.    Offences by bodies corporate
   181.    Protection of authority, officers, &c.
   182.    Time for taking proceedings

           Division 2 - General

   183.    Use of interpreters
   184.    Survival of claims
   185.    Provisions applicable on death of beneficiary
   186.    Compensation not assignable
   186A.   Contracting out
   187.    Regulations
   187A.   Codes of practice
   187B.   Use of codes of practice in proceedings

   PART IX - REPEAL AND TRANSITIONAL MATTERS FOR WORK HEALTH ACT 1986

   188.    Repeal
   189.    Claim, &c., before or after commencement of Act
   190.    Nominal Insurer continues for certain purposes
   191.    Continuation, &c., of existing policies
   192.    Continuation of self-insurance
   193.    Transitional

   PART X - TRANSITIONAL MATTERS FOR WORK HEALTH AMENDMENT ACT 2004

   194.    Definition
   195.    Calculation of normal weekly earnings
   196.    Limitation of time for application for mediation
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           Endnotes