Northern Territory Consolidated Acts

WORKERS REHABILITATION AND COMPENSATION ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   3.      Interpretation
   4.      Out of or in course of employment
   5.      Act to bind Crown
           Part 2 Administration
   6.      Authority's functions and powers under this Act
   7.      Ministerial control
           Part 3 Workers Rehabilitation and Compensation Advisory Council
   8.      Workers Rehabilitation and Compensation Advisory Council
   9.      Functions of the Council
   10.     Membership of Council
   11.     Terms and conditions of appointment
   12.     Chair and Deputy Chair
   13.     Meetings of Council
   14.     Council subcommittees
   15.     Annual report of Council
           Part 5 Workers compensation and rehabilitation
           Division 1 Preliminary
   49.     Interpretation for Part 5
   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 jurisdiction 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
   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.     Special rule for calculation of compensation for volunteers
   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
           Part 6 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 6A 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
           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 7 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
           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 8 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 9 Repeal, savings 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 10 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 Occupational diseases
           Schedule 1A Adjacent areas
           Schedule 2 Employer's indemnity policy
           Schedule 3 Acts repealed
           ENDNOTES