WORKERS REHABILITATION AND COMPENSATION ACT 1988
- Act 4 of 1988 - Royal Assent 26 May 1988Table of Provisions
Long TitlePART 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
TribunalDivision 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 -
. . . . . . . .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 -
. . . . . . . .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
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
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. ]