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