WORKERS REHABILITATION AND COMPENSATION ACT 1988
WORKERS REHABILITATION AND COMPENSATION ACT 1988
- Act 4 of 1988
- Royal Assent 26 May 1988
TABLE OF PROVISIONS
Long Title
PART I - Preliminary
1. Short title
2. Commencement
2A. Objects of Act
3. Interpretation
4. Application of Act
4A. Services of workers lent or on hire
4B. Contractors
4C. Salespersons
4D. Participants in training programs
4DA. Luxury hire car drivers
4DB. Taxi drivers
4DC. Jockeys
4E. Prescribed relationship
5. Persons engaged in fire-fighting operations and fire prevention
operations
6. Persons engaged in providing ambulance services
6A. Police volunteers
6B. Prescribed classes of volunteers
7. Exclusion of certain persons who are contestants in sporting
activities
7A. Part V to apply to all claims for compensation, &c., referred
to Tribunal
PART II - Administration Division 1 - WorkCover Tasmania Board
8. WorkCover Tasmania Board
9. Membership of Board
10. Functions of Board
11. Powers of Board
11A. Minister may give directions
12. Disclosure of interest
13. Delegation by Board
14. Secretary to Board
15. Annual report
Division 2 - Provisions relating to Tribunal
16. Section 16
17. Section 17
17A. Section 17A
17B. Section 17B
18. Section 18
19. Section 19
20. Functions of Tribunal
21. Section 21
22. Record of Tribunal
23. Jurisdiction of Tribunal
23A. Section 23A
24. Section 24
Division 3 -
. . . . . . . .
24. Section 24
PART III - Entitlement to compensation Division 1 - Entitlement to
compensation
25. Liability of employers to compensate workers for injuries
25A. Claims for certain diseases arising from mining operations
26. Presumption as to cause of disease
27. Presumption as to cause of certain diseases in relation to
fire-fighters
28. Review of operation of section 27
28A. Presumption as to cause of post-traumatic stress disorder
29. Liability of principal in case of workers employed by contractors
30. Liabilities of employer transferred to licensed insurer
31. Liability of employer not affected by agreement
Division 2 - Employment connection with State
31A. Employment connection test
31B. Determination of State of connection in workers compensation
proceedings
31C. Determination of State of connection by Tribunal
31D. Recognition of previous determinations of State of connection
31E. Person not to be compensated twice
PART IV - Claims for compensation
32. Notice of injury and claim for compensation
33. Form of notice of injury
33A. Employer given notice of injury must inform worker of right to
claim
34. Form of claim for compensation
35. Service of claim
36. Employer to forward accident report and claim
37. Effect of failure to give notice of injury, &c.
38. Effect of failure to make claim
39. Employer to give claimant notice of status of claim within 28 days
40. Section 40
PART V - Dispute Resolution Division 1 - Reference of claims to
Tribunal
41. Section 41
42. Reference of claims for compensation to Tribunal
Division 2 - Conciliation process
42A. Interpretation of Division
42B. Parties to undertake conciliation process
42C. Conciliation process
42D. Preliminary stage
42E. Conciliation conference may be required
42F. Purpose of conciliation conference
42G. Evidence during conciliation process
42H. Representation during conciliation process
42I. Powers of conciliator
42J. Payment not admission of liability
42K. Claim unresolved after conciliation
42L. Conciliator may discontinue process
42M. Resolution of claim in conciliation process
42N. Liability of conciliator
Division 3 - Arbitration
43. Section 43
43A. Section 43A
44. Amendment of applications, &c.
45. Persons to be notified
46. Section 46
47. Presentation of cases
48. Proceedings to be in private except in certain cases
49. Procedure of Tribunal
Division 4 - Medical panels
50. Medical panels
51. Determination by medical panel
52. Tribunal to be informed of findings
53. Representation before medical panel
54. Power of medical panel to examine worker
55. Failure to attend before medical panel
55A. Liability of members of medical panel
55B. Medical panel not bound by rules of evidence
55C. Remuneration of members of panel
Division 5 - Miscellaneous
56. Provisions relating to evidence and production of documents
57. Tribunal to act on evidence available
58. Right of Tribunal to state case
59. Costs
60. Section 60
60A. Power of Tribunal to make interim determinations, &c.
61. Orders of Tribunal
61A. Power of Tribunal to publish and distribute copies of determinations
62. Orders of Tribunal final
63. Section 63
64. Regulations for purposes of Part V
PART VI - Amount of compensation Division 1 - Basic compensation
payable
65. Interpretation of Division 1 of Part VI
66. Declaration of basic salary
67. Amount of compensation in case of death
67A. Weekly payments in case of death
67B. Commencement of weekly payments to dependants
67C. Timing of weekly payments
67D. Payments in respect of dependent child
67E. Payment not admission of liability in respect of death of worker
67F. Dispute of liability in respect of death of worker
67G. Failure to dispute liability in respect of death of worker
68. Dependency questions and apportionment
68A. Section 68A
69. Amount of compensation in case of incapacity
69A. Operation of section 69
69B. Period for which benefits are payable
70. Computation of normal weekly earnings
71. Compensation for permanent impairment
71A. Assessment guidelines
72. Assessment of degree of impairment
72A. Industrial deafness
73. Computation of industrial deafness
73A. Date of industrial deafness
73B. Determination for payment of compensation
Division 2 - Medical and Other Services
74. Interpretation of Division 2 of Part VI
75. Additional compensation for medical and other services
76. Additional compensation for travelling expenses
76A. Account to be forwarded to employers and insurers
77. Certain questions to be determined by Tribunal
77AA. Employer to pay claim or refer it to Tribunal
77AB. Employer's liability for expenses less than $5 000 if liability
not accepted or determined
77AC. Proceedings before Tribunal under section 77AB
Division 2A - Accreditation
77A. Provision of certain services
77B. Application for accreditation
77C. Grant, &c., of accreditation
77D. Duration of accreditation
77E. Notice of refusal
77F. Revocation or suspension of accreditations
77FA. Revocation of accreditation on ceasing to be registered
77G. Appeals
77H. Publication of grant of accreditation
Division 3 - Special provisions relating to the payment of
compensation in respect of injuries contracted by gradual process
78. Injuries contracted by gradual process
79. Information to be supplied
80. Employer to whom notice to be given
PART VII - Payment of compensation and related matters Division 1 -
Provisions relating to weekly payments and other benefits
80A. Claim for compensation
81. Commencement of weekly payments
81AA. Payments not admission of liability
81A. Disputes of liability for weekly payments and other benefits
81AB. Failure to dispute liability
81AC. Tribunal may order compensation to be paid if employer taken to
have accepted liability
81B. Payment of weekly payments
82. Prisoners not entitled to weekly payment
83. Right of worker to receive weekly payments if worker ceases to
reside in this State
84. Paid holidays during incapacity
84A. Re-crediting of sick leave during incapacity
84B. Re-crediting of annual recreation leave and long service leave
85. Section 85
86. Cases in which employer may terminate or reduce payments
87. Cessation on account of age of entitlement to weekly payments
88. Review of weekly payments
89. Section 89
90. Weekly payments not assignable
Division 1A - Medical examinations and independent medical reviews
90A. Workers may be required to submit to independent medical reviews
90B. Reports in relation to reviews
90C. Disagreements, &c., about reviews
90D. Reliance on medical reports
Division 2 - Payment of compensation money to persons entitled and
to the Public Trustee
91. Payment of compensation money to person entitled and to Public
Trustee
92. Interest payable where delay in paying over certain compensation
money
Division 3 - Power of Tribunal to vary certain determinations
relating to payment of compensation
93. Power to vary certain determinations
PART VIII -
. . . . . . . .
94. Section 94
95. Section 95
96. Section 96
PART IX - Insurance provisions Division 1 - Compulsory insurance by
employers
96A. Interpretation of Division 1
97. Obligation of employers to insure
97AA. Insurer to give notification of expiry of policy
97A. Disputes between insurers, &c.
97B. Worker entitled during dispute between employers
Division 2 - Licensed insurers and self-insurers
98. Prohibition on providing certain insurance unless licensed
99. Authority of licences
100. Applications for licences
101. Granting, &c., of licences
102. Conditions of licences
102A. Section 102A
102B. Board to make available suggested premium rates
103. Licensed insurers not to refuse insurance
104. Applications for permits
105. Granting, &c., of permits
105A. Wholly-owned subsidiary
106. Authority of permits
107. Conditions of permits
108. Duration of licences and permits
109. Additional information to be supplied
110. Notice of refusal
111. Revocation or suspension of licences and permits
112. Appeals
113. Publication of grant of, or revocation or suspension of, licences
and permits
Division 3 - Returns by licensed insurers and self-insurers
114. Returns by licensed insurers and self-insurers
Division 4 -
. . . . . . . .
115. Section 115
116. Section 116
117. Section 117
118. Section 118
119. Section 119
120. Section 120
Division 5 - Nominal Insurer
121. Establishment of Nominal Insurer
122. Composition of Nominal Insurer
123. Powers and functions of Nominal Insurer
124. Disclosure of interest
125. Delegation by Nominal Insurer
125A. Nominal Insurer may assign liabilities
126. When proceedings may be taken against the Nominal Insurer
126A. Claims against Nominal Insurer for increase in payments
127. Order or judgment against Nominal Insurer
127A. Nominal Insurer Fund
127B. Nominal Insurer Special Account
127C. Minister may give directions in relation to Nominal Insurer Fund and
Special Account
128. Payments to Nominal Insurer
128A. Special contributions
129. Right of Nominal Insurer to recover reinsurance money
129A. Power of Nominal Insurer to borrow money
130. Recovery by Nominal Insurer from employer, &c.
131. Employer to give information and assistance to Nominal Insurer
131AAA. Financial statements
131AA. Annual report
Division 6 - Acts of terrorism
131A. Interpretation of Division
131B. Orders in respect of acts of terrorism
131C. Claim for compensation in respect of act of terrorism
131D. Nominal Insurer may be funded by contributions
PART X - Concurrent rights to compensation and damages Division 1 -
Rights to compensation and damages
132. Interpretation of Part X
132A. Settlement by agreement
133. Effect of compensation on worker's right to damages
134. Right of employer to contribution or indemnity from third parties
135. Section 135
136. Application to bring action on
137. Weekly payments to be continued during proceedings for damages
138. Proceedings by dependants to be taken jointly
Division 2 - Restrictions on awards of damages
138AA. Application of Division
138AB. Claims for damages
138ABA. Section 138ABA
138AC. Section 138AC
138AD. No damages if claim settled by agreement
Division 3 - Choice of law
138AE. Applicable substantive law for work injury claims
138AF. Claim to which Division applies
138AG. What constitutes injury and employment and who is employer
138AH. Claim in respect of death included
138AI. Meaning of substantive law
138AJ. Availability of action in another State not relevant
PART XI - Injury Management Division 1 - Application, purpose and
interpretation
138A. Section 138A
138B. Section 138B
139. Purpose and principles of Part
140. Application of Part
141. Interpretation
Division 2 - Injury management programs
142. Injury management programs to be complied with
143. Approval of injury management programs
Division 3 - Injury management and return-to-work co-ordinators and
plans
143A. Employer to notify insurer of workplace injury
143B. Injury management co-ordinator to be appointed
143C. Responsibilities of injury management co-ordinators
143D. Return-to-work co-ordinator may be required to be appointed
143E. Return-to-work and injury management plans
143F. Work capacity of injured workers to be regularly reviewed
Division 4 - Medical treatment
143G. Primary treating medical practitioners
143H. Issue of certificates
143I. Employer to be notified of certified incapacity and given medical
certificate
143J. Worker's obligation of full disclosure to medical practitioners chosen
by worker
143K. Medical advisory and mentoring service
Division 5 - Obligations relating to return to work of injured
worker
143L. Injured worker's position to be held open for worker
143M. Employer to provide suitable duties after injury
143N. Workers to participate in return-to-work process
143O. Workplace rehabilitation providers
Division 6 - Miscellaneous
143P. Disputes about injury management
143Q. Powers of Tribunal in respect of matters under this Part
PART XII - Workers Rehabilitation and Compensation Fund
144. Interpretation of Part XII
145. Establishment of Workers Rehabilitation and Compensation Fund
146. Assessment by Board of amount to be contributed to Fund
147. Contributions to Fund by licensed insurers and self-insurers
148. Temporary advances to Fund
PART 12A - Infringement notices
148AA. Section 148AA
148A. Infringement notices
148B. Section 148B
148C. Section 148C
148D. Section 148D
148E. Section 148E
148F. Payments to Board
148G. Section 148G
148H. Section 148H
148I. Section 148I
PART XIII - Miscellaneous
149. Recovery of compensation over-paid
150. Section 150
150A. Authorized officers
151. Powers of authorized officers
151A. Protection from liability for authorized officers
152. Section 152
152A. Obtaining of information by Board
153. False or misleading statements
153A. Employer to keep records
154. Worker's right to information
155. Section 155
156. Enactments relating to limitations of actions inapplicable to
proceedings under this Act, &c.
157. Receipts by minors valid discharge
158. Maintenance of secrecy
158A. Common seal of Board
158B. Judicial notice of certain signatures
159. Service of documents
160. Offences by bodies corporate
161. Fines to be paid to Board
161A. Time for instituting proceedings for offences
161B. Codes of practice
162. Regulations
162A. Section 162A
163. Repeal
164. Savings, transitional and other provisions
164A. Application of Workers Rehabilitation and Compensation Amendment Act
2009
164BAA. Transitional provisions consequent on enactment of Workers
Rehabilitation Amendment Act 2017
164BA. Application of Asbestos-Related Diseases (Occupational Exposure)
Compensation Act 2011
164BB. Application of Workers Rehabilitation and Compensation Amendment Act
2019
164B. Review of operation of certain provisions
164C. Validation of certain guidelines, &c.
164D. Review of restructured Board
164E. Validation
165. Section 165
166. Section 166
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
[ Note: This table has been automatically generated and may be incomplete. ]