WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 59
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 59
59 . Workers who claim compensation to notify employers as to remunerated work
(1) This section
applies to a worker who has claimed or is receiving weekly payments of
compensation from an employer (the employer ).
(2) A worker who
commences remunerated work (other than work with the employer) after making a
claim for weekly payments of compensation, is to, within 7 days of —
(a)
commencing the work; or
(b)
receiving notification under subsection (3),
whichever is the
later, inform in writing the employer or the employer’s insurer of the
commencement of the work.
Penalty: $500.
(3) The employer or
the employer’s insurer is to notify in writing a worker of the
worker’s obligations under subsection (2).
(4) A worker is not to
be convicted of an offence under subsection (2) unless the employer or the
employer’s insurer has complied with subsection (3).
(5) The employer or
the employer’s insurer may, in writing, request a worker to provide the
following particulars of remunerated work (other than work with the employer)
commenced after the making of the worker’s claim for weekly payments of
compensation —
(a) the
date of commencement of the work; and
(b) the
title, classification or description of the work; and
(c) the
remuneration for the work; and
(d) the
name and address of the person (if any) for whom the work is performed.
(6) A worker is to
provide in writing the particulars requested under subsection (5) within 7
days of the date of the request.
Penalty: $500.
(7) If the particulars
provided by the worker under subsection (6) establish that the worker has
commenced remunerated work, the employer or the employer’s insurer may
discontinue or reduce the worker’s weekly payments of compensation in
accordance with the particulars.
(8) The employer or
the employer’s insurer must not discontinue or reduce a worker’s
weekly payments of compensation under subsection (7) otherwise than in
accordance with the particulars provided by the worker under subsection (6).
Penalty: $2 000.
(9) Subject to
sections 57A, 57B and 58, if —
(a) a
worker has claimed but has not received from the employer, weekly payments of
compensation;
(b) the
worker provides particulars under subsection (6);
(c) the
particulars establish that the worker has commenced remunerated work,
the employer or the
employer’s insurer may make a decision in accordance with the
particulars as to whether or not weekly payments of compensation are to be
made for the period to which the particulars relate, and if so, the amount of
the weekly payments.
(10) A worker who
disputes the discontinuance or reduction of weekly payments of compensation
under subsection (7) may apply for an order of an arbitrator that the weekly
payments be reinstated.
[Section 59 inserted: No. 72 of 1992 s. 9;
amended: No. 48 of 1993 s. 28(1); No. 42 of 2004 s. 46.]