• Specific Year
    Any

WORKERS REHABILITATION AND COMPENSATION ACT 1988

- Act 4 of 1988 - Royal Assent 26 May 1988

Table of Provisions

Long Title

PART 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

Tribunal
  • 41 Section 41
  • 42 Reference of claims for compensation to Tribunal

Division 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 -

.  .  .  .  .  .  .  .  
  • 94 Section 94
  • 95 Section 95
  • 96 Section 96

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 -

.  .  .  .  .  .  .  .  
  • 115 Section 115
  • 116 Section 116
  • 117 Section 117
  • 118 Section 118
  • 119 Section 119
  • 120 Section 120

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

  • 142 Injury management programs to be complied with
  • 143 Approval of 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

  • 143P Disputes about injury management
  • 143Q Powers of Tribunal in respect of matters under this Part

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

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. ]

Navigate