WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014
- Made under the Workers’ Compensation and Rehabilitation Act 2003
- As at 31 October 2022
- Reg 189 of 2014
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 WorkCover’s capital adequacy—Act, s 453(b)
PART 2 - EMPLOYER INSURANCE
Division 1 - Policies and premium assessments
- 5 Application for policy
- 6 Policies and renewals
- 7 Assessment of premium
- 8 Declaration of wages
- 9 Value of board and lodging
- 10 Payment of premium by instalments
- 11 Additional premium for late payment of premium—Act, ss 61 and 62
- 12 Premium for appeals—Act, s 569(2)(a)
- 13 Former employer may apply to cancel policy
- 14 Cancellation of policy if workers no longer employed
Division 2 - Employer excess
- 15 Excess period—Act, s 65(2)
Division 3 - Self-insurance
- 16 Application fees—Act, s 70(c)
- 17 Annual levy—Act, s 81(2)
- 18 Provisional annual levy—not agreed or decided
- 19 Adjusted annual levy—agreed
- 20 Adjusted annual levy—not agreed but decided
- 21 Additional amount for late payment of levy—Act, s 82(1)
- 22 Conditions of licence—Act, s 83
- 23 Premium payable after cancellation of self-insurer’s licence—Act, s 98
- 24 Deemed levy for appeals—Act, s 569(2)(a)
PART 3 - CALCULATION OF SELF-INSURER’S LIABILITY
Division 1 - Outstanding liability
Subdivision 1 - Preliminary
- 25 Calculation of outstanding liability—Act, s 87(2)
Subdivision 2 - Actuarial calculations and reports
- 26 Appointment of actuary
- 27 Regulator to give actuary information
- 28 Actuarial calculation
- 29 Actuarial report
- 30 Summary report
- 31 Agreement on amount
- 32 Reference to arbiter if no agreement on amount
- 33 Payment of amount
- 34 Transfer of claims information
Division 2 - Total liability
Subdivision 1 - Preliminary
- 35 Calculation of total liability after change in self-insurer’s membership—Act s 90(9)
Subdivision 2 - Actuarial calculations and reports
- 36 Appointment of actuary
- 37 Relevant parties to give actuaries information
- 38 Actuarial calculation
- 39 Actuarial report
- 40 Summary report
- 41 Agreement on amount
- 42 Reference to arbiter if no agreement on amount
- 43 Payment of amount
- 44 Transfer of claims information
Division 3 - Liability after cancellation of self-insurer’s licence
Subdivision 1 - Preliminary
- 45 Calculation of liability after cancellation—Act, s 102(3)
Subdivision 2 - Actuarial calculations and reports
- 46 Appointment of actuary
- 47 Former self-insurer to give actuaries information
- 48 Actuarial calculation
- 49 Actuarial report
- 50 Summary report
- 51 Agreement on amount
- 52 Reference to arbiter if no agreement on amount
- 53 Payment of amount
Division 4 - Estimated claims liability
Subdivision 1 - Preliminary
- 54 Calculation of estimated claims liability—Act, s 84(3)(b)
Subdivision 2 - Actuarial calculations and reports
- 55 Approved actuary
- 56 Self-insurer to give Regulator and approved actuary information
- 57 Actuarial calculation
- 58 Actuarial report
- 59 Copy of actuarial report to Regulator and self-insurer
- 60 Regulator to advise self-insurer whether agreement on amount
- 61 Reference to Regulator’s actuary if no agreement on amount
- 62 Agreement on amount
- 63 Reference to arbiter
Division 5 - Self-insurers who become non-scheme employers
Subdivision 1 - Preliminary
- 64 Calculation of non-scheme employer’s liability—Act, s 105I(2)
Subdivision 2 - Actuarial calculations and reports
- 65 Appointment of actuary
- 66 Non-scheme employer to give actuaries information
- 67 Actuarial calculation
- 68 Actuarial report
- 69 Summary report
- 70 Agreement on amount
- 71 Reference to arbiter if no agreement on amount
- 72 Payment of amount
Subdivision 3 - Calculation—finalised non-scheme employer’s liability
- 73 Calculation of finalised non-scheme employer’s liability amount—Act, s 105I(2)
- 74 Appointment of actuary
- 75 WorkCover to give actuaries information
- 76 Actuarial calculation
- 77 Actuarial report
- 78 Summary report
- 79 Agreement on amount
- 80 Reference to arbiter if no agreement on amount
- 81 Payment of amount
Division 6 - Total liability—member of a group who becomes non-scheme employer
Subdivision 1 - Preliminary
- 82 Calculation of non-scheme members’ total liability—Act, s 105O(3)(a)
Subdivision 2 - Actuarial calculations and reports
- 83 Appointment of actuary
- 84 Parties to give actuaries information
- 85 Actuarial calculation
- 86 Actuarial report
- 87 Summary report
- 88 Agreement on amount
- 89 Reference to arbiter if no agreement on amount
- 90 Payment of amount
- 91 Transfer of claims information
Division 7 - Actuarial arbiter
- 92 Function of actuarial arbiter
- 93 Selection and appointment of actuarial arbiter
- 94 Arbiter must decide amount
- 95 Arbiter’s decision is final
- 96 Arbiter’s costs
PART 4 - COMPENSATION
Division 1 - Calculation of NWE
- 97 Calculation of NWE—Act, s 106(3)
- 98 What amounts may be taken into account
- 99 NWE if impracticable to calculate rate of worker’s remuneration
- 100 NWE if worker worked for 2 or more employers
- 101 NWE if insurer considers calculation unfair
Division 2 - Compensation application and other procedures
- 102 Application for compensation to include evidence or particulars—Act, s 132(3)(b)
- 103 If dentist, doctor or nurse practitioner not available
- 104 Certificate given by dentist, doctor or nurse practitioner
- 105 Application for compensation for assessment of DPI—Act, s 132A(3)(c)(ii)
- 105A Application for certificate of dependency—Act, s 132B(3)(c)(ii)
- 106 Request for examination of claimant or worker—Act, ss 135 and 510
Division 3 - Entitlement to compensation for permanent impairment—generally
- 107 Additional lump sum compensation—workers with latent onset injuries that are terminal—Act, s 128B(2)(c)
- 108 Calculating lump sum compensation—Act, s 180(1)
- 109 Additional lump sum compensation for workers with DPI of 30% or more—Act, s 192(2)
- 110 Additional lump sum compensation for gratuitous care (occupational therapist’s assessment)—Act, ss 193(4) and 224(3)
- 111 Additional lump sum compensation for gratuitous care (occupational therapist’s report)—Act, ss 193(5)(b) and 224(4)(b)
- 112 Additional lump sum compensation for gratuitous care—Act, s 193(6)
Division 3A - Entitlement to additional compensation for permanent impairment—Act, s 193A
Subdivision 1 - Preliminary
- 112A Definitions for div 3A
- 112B Operation of div 3A
Subdivision 2 - Amount and condition of entitlement
- 112C Amount of compensation—Act, s 193A(2)(a)
- 112D Qualifying condition—Act, s 193A(2)(b)
Subdivision 3 - Process for deciding qualifying condition
- 112E Application of sdiv 3
- 112F Insurer to consider qualifying condition
- 112G Notification
- 112H Worker may request reasons
- 112I Giving information
- 112J Decision based on worker’s information
- 112K Meeting before decision made
Subdivision 4 - Review of insurer’s decision
- 112L Definition for sdiv 4
- 112M Application of sdiv 4
- 112N Application for review
- 112O Insurer to give information to panel
- 112P Review by panel
- 112Q Insurer must notify amount of entitlement
Subdivision 5 - Establishment of panel
- 112R Panel—Act, s 193A(3)
- 112S Appointment to panel
- 112T Administrative matters
Subdivision 6 - Miscellaneous
- 112U Liability not affected
Division 3AA - Entitlement to compensation for pneumoconiosis
- 112V Working out pneumoconiosis score—Act, s 36F
- 112W Lump sum compensation for workers with pneumoconiosis—Act, s 128G
Division 4 - Liability for caring allowance
- 113 Payment of caring allowance—Act, s 225(a)
PART 5 - REHABILITATION
Division 1 - Rehabilitation and return to work coordinators
- 114 Functions of rehabilitation and return to work coordinator—Act, s 41(b)
- 115 Criteria for employer to appoint rehabilitation and return to work coordinator—Act, s 226(1)
Division 2 - Guidelines for standard for rehabilitation
- 116 Standard for rehabilitation—Act, s 228(2)
- 117 Availability of guidelines
PART 5A - TREATMENT, CARE AND SUPPORT PAYMENTS
Division 1 - Assessing entitlement
Subdivision 1 - Preliminary
- 117A Definitions for division
Subdivision 2 - Eligibility criteria
- 117B Purpose of subdivision
- 117C Eligibility criteria for permanent spinal cord injury
- 117D Eligibility criteria for traumatic brain injury
- 117E Eligibility criterion for the amputation of a leg through or above the femur
- 117F Eligibility criteria for the amputation of more than 1 limb or parts of different limbs
- 117G Eligibility criteria for a full thickness burn to all or part of the body
- 117H Eligibility criterion for an inhalation burn resulting in a permanent respiratory impairment
- 117I Eligibility criterion for permanent blindness caused by trauma
Subdivision 3 - Assessing eligibility criteria
- 117J Requirements for using functional independence measure instrument or childrens functional independence measure instrument to assess injuries
Division 2 - Assessing worker’s needs
Subdivision 1 - Assessment process
- 117K Assessment generally
- 117L Intervals for carrying out assessments
Subdivision 2 - Matters for deciding necessary and reasonable treatment, care and support needs
- 117M Purpose of subdivision
- 117N Benefit to worker
- 117O Appropriateness of service
- 117P Appropriateness of provider
- 117Q Cost-effectiveness
Subdivision 3 - Other matters relating to assessing needs
- 117R Additional requirement about assessing particular treatment, care or support
- 117S Treatment, care or support that must be provided by a registered provider
Subdivision 4 - Support plans and service requests
- 117T Support plans
- 117U Amending support plans
- 117V Deciding service request
Division 3 - Payment options
- 117W Circumstances in which payment request may be made
- 117X Deciding payment request
- 117Y Limit on amount payable under payment request
Division 4 - Review of entitlement
- 117Z Review of worker’s entitlement
PART 6 - DAMAGES
Division 1 - Particulars in notice of claim
- 118 Notice of claim for damages—Act, s 275
- 119 Particulars of claimant and worker
- 120 Particulars of event
- 121 Injury particulars
- 122 Particulars of hospital, treatment and rehabilitation
- 123 Particulars if claim for diminished income earning capacity
- 124 Particulars if injury causes death
- 125 Particulars of mitigation
Division 2 - General provisions
- 126 Time for adding another person as contributor—Act, s 278A(1)
- 127 Contribution notice to contain particular information—Act, s 278B(1)(a)
PART 7 - ASSESSMENT OF DAMAGES
- 128 Prescribed amount of damages for loss of consortium or loss of servitium—Act, s 306M(1)(b)
- 129 Rules for assessing injury scale value—Act, s 306O(1)(c)(i)
- 130 General damages calculation provisions—Act, s 306P(2), definition general damages calculation provisions
- 131 Prescribed amount of award for future loss—Act, s 306R(2)
PART 8 - COSTS
Division 1 - Proceeding before industrial magistrate or industrial commission
- 132 Costs—proceeding before industrial magistrate or industrial commission
- 133 Payment of additional amount for costs
Division 2 - Claim for damages
- 134 Who this division applies to
- 135 Costs before proceeding started
- 136 Costs after proceeding started
- 137 Outlays
PART 9 - MEDICAL ASSESSMENT TRIBUNALS
- 138 Medical assessment tribunals—Act, s 492
- 139 Constitution of General Medical Assessment Tribunal
- 140 Chairperson and deputy chairperson of General Medical Assessment Tribunal
- 141 Constitution of a specialty medical tribunal
- 142 Chairperson and deputy chairperson of a specialty medical tribunal
- 143 Constitution of Composite Medical Tribunal
- 144 Chairperson and deputy chairperson of Composite Medical Tribunal
PART 10 - MISCELLANEOUS
- 144A First responders—Act, s 36EB
- 144B Eligible employees—Act, s 36EC
- 144C Presumption of injury—Act, s 36ED
- 145 Declaration of designated courts—Act, s 114(4), definition designated court
- 146 Declaration of provisions—Act, s 322(2), definition a State’s legislation about damages for a work related injury
- 146A WorkCover funding and provision of programs and incentives—Act, s 385A, definition prescribed entity
- 147 Documents and particulars to be kept—Act, s 532D(1) and (2)
- 147A Allowances and expenses for person required to attend for examination—Act, s 532S
- 148 Reasons for decisions must address certain matters—Act, ss 540(4) and 546(3AA)
PART 11 - SAVINGS AND TRANSITIONAL PROVISION FOR WORKERS’ COMPENSATION AND REHABILITATION AMENDMENT REGULATION (NO. 1) 2015
- 149 Decision about qualifying condition if DPI decided before commencement