WORKERS COMPENSATION ACT 1987 - As at 30 October 2023 - Act 70 of 1987
- As at 30 October 2023
- Act 70 of 1987
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - COMPENSATION--LIABILITY
- 9 Liability of employers for injuries received by workers--general
- 9AA Liability for compensation
- 9AB Recognition of determination of State of connection in another State
- 9AC Person not to be compensated twice
- 9A No compensation payable unless employment substantial contributing factor to injury
- 9B No compensation for heart attack or stroke unless nature of employment results in significantly greater risk
- 10 Journey claims
- 11 Recess claims
- 11A No compensation for psychological injury caused by reasonable actions of employer
- 12 Claims by trade union representatives
13. (Repealed)
- 14 Conduct of worker etc
- 15 Diseases of gradual process--employer liable, date of injury etc
- 16 Aggravation etc of diseases--employer liable, date of injury etc
- 17 Loss of hearing--special provisions
- 18 Special insurance provisions relating to occupational diseases
- 19 Presumptions relating to certain employment
- 19A Presumptions relating to certain cancers--firefighters
- 19B Presumptions relating to certain employment in relation to COVID-19
- 20 Principal liable to pay compensation to workers employed by contractors in certain cases
21. (Repealed)
- 22 Compensation to be apportioned where more than one injury
- 22A Further provisions concerning apportionment of liability under section 22
- 22B Determination as to which injury gave rise to compensation liability
- 22C Certain injuries not to be dealt with under sections 15 and 16
- 23 Age or residence not relevant to liability
- 24 Illegal employment
PART 3 - COMPENSATION--BENEFITS
Division 1 - Compensation payable on death
- 25 Death of worker leaving dependants
- 26 Funeral expenses
27, 27A. (Repealed)
- 28 Expenses of transporting body
- 29 Apportionment of payments between dependants
- 30 Review of apportionment among dependants
- 31 Payment in respect of dependent children
- 32 Payment where no dependants
Division 2 - Weekly compensation by way of income support
Subdivision 1 - Interpretation
- 32A Definitions
Subdivision 2 - Entitlement to weekly compensation
- 33 Weekly compensation during total or partial incapacity for work
- 34 Maximum weekly compensation amount
35. (Repealed)
- 36 Weekly payments during first entitlement period (first 13 weeks)
- 37 Weekly payments during second entitlement period (weeks 14-130)
- 38 Weekly payments after second entitlement period (after week 130)
- 38A Special provision for workers with highest needs
- 39 Cessation of weekly payments after 5 years
- 40 Entitlement after second entitlement period not affected by certain circumstances
40A. (Repealed)
- 41 Compensation for incapacity after second entitlement period resulting from surgery
- 42 Application by worker to alter amount of weekly payments
Subdivision 3 - Work capacity
- 43 Work capacity decisions by insurers
43A. (Repealed)
- 44 (Renumbered)
- 44A Work capacity assessment
- 44B Evidence as to work capacity
- 44BAA Regulations
Subdivision 3A - (Repealed)
None
Subdivision 4 - Miscellaneous
44C-44I. (Repealed)
- 45 Reduction of weekly payments to qualify for other benefits
- 46 Reduction of weekly payments to prevent dual benefits
- 47 Incapacity deemed to exist in certain cases
- 48 Compensation payable despite existing incapacity
- 49 Weekly compensation payable despite holiday pay etc
- 50 Weekly compensation and sick leave
51. (Repealed)
- 52 Termination of weekly payments on retiring age
52A, 52B. (Repealed)
- 53 Weekly payments--residence outside the Commonwealth
54-56. (Repealed)
- 57 Worker to notify return to work etc with other employer
- 58 Refund of weekly payments paid after return to work etc
Division 3 - Compensation for medical, hospital and rehabilitation expenses etc
- 59 Definitions
- 59A Limit on payment of compensation
- 60 Compensation for cost of medical or hospital treatment and rehabilitation etc
- 60AA Compensation for domestic assistance
- 60A Worker not liable for medical, hospital and rehabilitation charges above applicable rates
- 61 Rates applicable for medical or related treatment
- 62 Rates applicable for hospital treatment
- 63 Rates applicable for ambulance service
- 63A Rates applicable for workplace rehabilitation services
- 64 Rates applicable for car travel associated with treatment
- 64A Compensation for cost of interpreter services
Division 3A - Compensation for return to work assistance
- 64B Workers returning to work with new employer
- 64C Workers receiving weekly payments
Division 4 - Compensation for non-economic loss
- 65 Determination of degree of permanent impairment
- 65A Special provisions for psychological and psychiatric injury
- 66 Entitlement to compensation for permanent impairment
- 66A Agreements for compensation
- 66B No proceedings to enter up award on agreement for compensation
67. (Repealed)
- 67A Special provisions for HIV/AIDS
68, 68A. (Repealed)
- 68B Deductions for previous injuries and pre-existing conditions--operation of sections 15, 16, 17 and 22
69-72A. (Repealed)
- 73 Reimbursement for costs of medical certificate and examination
Division 5 - Compensation for property damage
- 74 Damage to artificial limbs etc
- 75 Damage to clothing
- 76 Maximum rate for damage to artificial limbs, spectacles
- 77 Maximum rate for damage to clothing
- 78 Miscellaneous provisions
Division 6 - Indexation of certain amounts
- 79 Definitions
- 80 Adjustment of amounts of benefits according to award rate of pay index
- 81 Rounding off
- 82 Publication of adjusted amounts
Division 6A - Indexation of weekly payments
- 82A Indexation--weekly payments
- 82B Indexation of certain amounts--according to average weekly earnings
- 82BA Indexation--compensation amount for workers with highest needs
- 82C Indexation--no reduction
- 82D Indexation--rounding
Division 6B - Indexation of compensation for permanent impairment
- 82E Definition
- 82F Indexation--compensation for permanent impairment
- 82G Indexation--no reduction
- 82H Indexation--rounding
Division 7 - Payment of benefits
- 83 Manner of payment of compensation
- 84 Times for payment of weekly compensation
- 85 Payments to NSW Trustee for benefit of beneficiary
- 85A Payment of benefits to beneficiaries
- 86 NSW Trustee's powers of investment
- 87 Unclaimed money
Division 8 - Reduction of benefits where additional or alternative compensation payable
- 87A Additional or alternative compensation to which Division applies
- 87B Reduction of compensation under this Act
- 87C Employer etc to notify claim or payment of additional or alternative compensation
Division 9 - Commutation of compensation
- 87D Definition
- 87E Compensation that may be commuted
- 87EAA Medical expenses compensation not to be commuted for catastrophic injuries
- 87EA Preconditions to commutation
- 87F Commutation by agreement
- 87G Commutation when worker legally incapacitated
- 87H Registration of commutation agreements
- 87I Payment
- 87J Other commutation agreements invalid
- 87K Commutation payment taken to be payment of compensation
PART 4 - UNINSURED LIABILITIES
Note
Divisions 1A-5 - (Repealed)
None
Division 6 - Uninsured liabilities
- 138 Definitions
139. (Repealed)
- 140 Persons eligible to make claims
- 141 Making of claims
141A. (Repealed)
- 142 Publication of claims etc
- 142A Nominal Insurer becomes insurer for claims
- 142B Proceedings before Commission on claim for compensation
143-144A. (Repealed)
- 145 Employer or insurer to reimburse Insurance Fund
- 145A Recovery from directors of corporations liable to reimburse Insurance Fund
- 146 Commutation of weekly payments
- 147 Miscellaneous provisions
- 148 Application of other provisions of Act
- 148A Nominal Insurer's right of subrogation
Division 7 - (Repealed)
None
PART 5 - COMMON LAW REMEDIES
Division 1 - Preliminary
Division 1A - Choice of law
- 150A The applicable substantive law for work injury claims
- 150B Claims to which Division applies
- 150C What constitutes injury and employment and who is employer
- 150D Claim in respect of death included
- 150E Meaning of "substantive law"
- 150F Availability of action in another State not relevant
Division 2 - Common law and other remedies generally
- 151 Common law and other liability preserved
- 151A Effect of recovery of damages on compensation
151B. (Repealed)
- 151C 6-months delay before commencement of court proceedings against employer for damages
- 151D Time limit for commencement of court proceedings against employer for damages
- 151DA Time not to run for commencement of proceedings in certain cases
Division 3 - Modified common law damages
- 151E Application--modified common law damages
- 151F General regulation of court awards
- 151G Only damages for past and future loss of earnings may be awarded
- 151H No damages unless permanent impairment of at least 15%
- 151I Calculation of past and future loss of earnings
- 151IA Retirement age
- 151J Damages for future economic loss--discount rate
151K, 151KA. (Repealed)
- 151L Mitigation of damages
- 151M Payment of interest
- 151N Contributory negligence--generally
- 151O Defence of voluntary assumption of risk
151P. (Repealed)
- 151Q Structured settlements
- 151R Exemplary or punitive damages
- 151S Court to apportion damages etc
- 151T Costs
Division 4 - Retrospective restoration of modified common law
- 151U Modified common law to apply from 30 June 1987
- 151V Election provisions not to apply
- 151W Time limit for commencement of court proceedings extended
- 151X Insurance policies to cover retrospective claims
- 151Y Funding of self-insurers, government employers etc for retrospective claims
Division 5 - Miscellaneous provisions
- 151Z Recovery against both employer and stranger
- 151AA Abolition of doctrine of common employment
- 151AAA Special provision for common law liabilities under pre-1995 policies
- 151AB Special insurance provisions relating to occupational diseases
- 151AC Further special insurance provisions relating to dust diseases
- 151AD No damages for nervous shock injury to non-workers
PART 6 - (Repealed)
None
PART 7 - INSURANCE
Subdivision 1 - Nominal Insurer
Division 1 - Insurance policies
- 155 Compulsory insurance for employers
- 155AA Exempt employers not required to obtain policy of insurance
- 155A Policies to be for 12 month periods
- 156 Recovery of double premiums for contravention of insurance requirements
- 156A Misleading conduct by insurers and insurance intermediaries
- 156B Recovery from directors of corporation--insurance requirements
- 157 Insurers not to refuse insurance
158. (Repealed)
- 159 Provisions of policies of insurance
- 160 Recovery of excess from employer
- 161 Inspection of policies
- 162 Death of employer
- 163 Register to be kept by insurers
- 163A Certificate of currency
- 163B Issue of stop work order to uninsured employer
- 164 Employer--offences relating to policies of insurance
Division 2 - Insurance premiums
165-167. (Repealed)
- 168 Workers Compensation Market Practice and Premiums Guidelines
168A. (Repealed)
- 169 Rejection of premiums
170. (Repealed)
- 171 Payment of premiums by instalments
- 172 Recovery of unpaid premiums
- 172A Security deposit or guarantee for payment of premium
- 173 Furnishing information for calculation of premiums
- 173A Giving false information for premium calculation
- 173B Redetermination of premium and payment of interest
- 174 Records relating to wages, contracts etc to be kept and supplied
- 174AA Inclusion of trust distributions as wages
- 174A Recovery of inspection costs of Authority or insurer
- 175 Employers evading payment of correct premiums
- 175A Recovery from directors of corporation evading payment of correct premium
- 175B Liability of principal contractor for unpaid premiums payable by subcontractor
- 175C Private rulings regarding workers at the request of employers
Division 2A - Grouping of employers for insurance purposes
Division 3 - Licensing of insurers
176. (Repealed)
- 177 Applications for licences
- 177A Special provisions for specialised insurers
- 178 Determination of application for licence
- 179 Offence--unlicensed insurers
- 180 Duration of licences
- 181 Conditions of licences
- 182 Matters that may be regulated by conditions of licences
- 182A Condition of licence not to engage excluded service providers
- 183 Cancellation or suspension of licences
- 183A Imposition of civil penalty on or censure of licensed insurer or self-insurer
- 184 Cancellation of policies following cancellation or suspension of insurer's licence
- 185 Assignment of policies of former insurers etc
- 186 Records and evidence relating to licences
- 187 Liabilities on Commonwealth insurers--special condition
188. (Repealed)
- 189 Information and records as to business etc to be supplied to Authority by insurers
- 190 Notification to Authority of certain defaults in relation to insurers
- 191 Power of Supreme Court to deal with insurers or former insurers unable to meet liabilities etc
- 192 Exclusion of insurance brokers, agents or intermediaries
- 192A Claims administration manual
Division 4 - Regulation of insurers and miscellaneous provisions
- 210 Applications for licences
- 211 Determination of application for licence
- 211A Endorsement of subsidiaries on self-insurer's licence
- 211B Government employers covered by Government managed fund scheme to be self-insurers
- 212 Provisions relating to licences
- 213 Deposit required for self-insurers and former self-insurers
- 214 Investments of deposits
- 215 Alternative method of giving security
- 215A Guarantee as alternative to deposit
- 215B Bond as alternative to deposit
- 216 Application and refund of deposit
- 216A Assignment of policies of former self-insurers
Division 6 - Transfer of claims
- 217 Definition
- 218 Agreements for transfer of claims to insurers
- 219 Effect of claims transfer agreement
- 220 Conditions of claims transfer agreement
221-224. (Repealed)
Division 6A - Defaulting insurers etc
Division 8 - Terrorism Re-insurance Fund
- 239AA Definitions
- 239AB Meaning of "act of terrorism"
- 239AC Meaning and application of "threshold amount"
- 239AD Minister may make declaration as to significant terrorism-related liabilities
- 239AE Terrorism Re-insurance Fund
- 239AF Insurers to provide Authority with information
- 239AG Contributions to Terrorism Re-insurance Fund
- 239AH Partial reimbursement of insurers from Terrorism Re-insurance Fund
- 239AI Authority may offset
- 239AJ Subrogation
- 239AK Regulations
- 239AL Review
PART 7A - (Repealed)
None
PART 8 - PROTECTION OF INJURED WORKERS FROM DISMISSAL
- 240 Definitions
- 241 Application to employer for reinstatement of dismissed injured worker
- 242 Application to Industrial Relations Commission for reinstatement order if employer does not reinstate
- 243 Order by Industrial Relations Commission for reinstatement
- 244 Presumption as to reason for dismissal
- 245 Disputes as to fitness--medical assessment
- 246 Continuity of service of reinstated worker
- 247 Duty to inform replacement worker
- 248 Dismissal within 6 months of injury an offence
- 249 Other rights not affected
- 250 Enforcement
PART 9 - (Repealed)
None
PART 10 - MISCELLANEOUS
269-277. (Repealed)
- 278 Compensation not personal property under Personal Property Securities Act 2009 (Cth)
- 279 Enforcement of interests in certain assets and deposits in priority over Authority or Nominal Defendant prevented
- 279A Workers compensation liability with respect to staff of statutory bodies
- 280 Regulations and orders
- 281 Repeals
- 282 Savings, transitional and other provisions