WORKERS COMPENSATION ACT 1951

Australian Capital Territory Current Acts

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WORKERS COMPENSATION ACT 1951

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

1. Name of Act

CHAPTER 2--INTERPRETATION GENERALLY

2. Dictionary
3. Notes
3A. Offences against Act—application of Criminal Code etc
4. Meaning of injury
5. Meaning of employer
6. Meaning of totally incapacitated
7. Meaning of partially incapacitated
7A. Meaning of total wages

CHAPTER 3--MEANING OF WORKER NOTES ABOUT CH 3

8. Who is a worker?
9. Who is not a worker?
10. Casuals not employed for trade or business
11. Regular contractors and casuals
12. Labour hire arrangements
13. Liability of principal for uninsured contractor's injured
14. Trainees
15. Outworkers
16. Timber contractors
16A. Family day care educators
17. Religious workers
17A. Volunteers
18. Commercial voluntary workers
19. Public interest voluntary workers

CHAPTER 4--ENTITLEMENT TO COMPENSATION

PART 4.1--IMPORTANT CONCEPTS

20. Meaning of cpi indexed and awe indexed
21. Working out average pre-incapacity weekly earnings for
22. Working out average pre-incapacity weekly earnings for contractor
23. Working out average pre-incapacity weekly hours for non-contractor
24. Working out average pre-incapacity weekly hours for contractor
25. Overtime—hours and wages
26. Gradual onset of incapacity
27. Compensation for death or incapacity through disease
28. Employment-related diseases
29. Compensation for disease

PART 4.2--COMPENSATION FOR PERSONAL INJURY

31. General entitlement to compensation for personal injury
32. Amounts of compensation under Act cumulative
33. Payments to people with legal disabilities
34. Injury outside Australia
35. When is a worker taken to be totally incapacitated?
36. Journey claims

PART 4.2A--EMPLOYMENT CONNECTION WITH ACT OR STATE

36A. Meaning of Territory or State of connection etc
36B. Employment connection test
36C. Determination of Territory or State of connection in workers compensation
36D. Determination of Territory or State of connection by Magistrates Court
36E. Recognition of previous determinations of Territory or State of
36F. No ACT compensation if external compensation received

PART 4.3--WEEKLY COMPENSATION

36G. Definitions—pt 4.3
37. What if the worker is dead?
38. When do weekly compensation payments begin etc?
39. Entitlement to weekly compensation for first 26 weeks of incapacity
40. Entitlement to weekly compensation after first 26 weeks of incapacity
41. Entitlement to weekly compensation after 26 weeks of total incapacity
42. Entitlement to weekly compensation after 26 weeks of partial incapacity
43. Stopping payments for total incapacity
43A. Stopping payments for partial incapacity
43B. Effect on payment period of loss of entitlement to weekly
44. Living outside Australia
45. Effect of living outside Australia if compensation still payable
46. Effect of payment of weekly compensation on other benefits etc
47. No assignment etc of weekly compensation

PART 4.4--COMPENSATION FOR PERMANENT INJURIES

48. Meaning of loss
49. Meaning of single loss amount
50. Meaning of maximum loss amount
51. Compensation for permanent injuries generally
53. Compensation for 2 or more losses
54. Compensation and left-handedness
55. Compensation for combination of items
56. Compensation for only arm, leg, hand or foot
57. Compensation for loss of sexual organs
58. Loss of bowel function
59. Proportionate loss of use
60. Special provisions for HIV/AIDS
61. Deduction for previous injury or pre-existing condition
62. Further loss and deductible proportions
63. Loss of hearing because of age
64. No compensation for less than 6% hearing loss
65. Presumption to be drawn from refusal to submit to hearing examination
66. Employer's responsibility to pay for hearing loss tests
67. Reimbursement for costs of medical certificate and examination
68. Limited entitlement if death happens within 3 months

PART 4.5--COMPENSATION FOR MEDICAL TREATMENT, DAMAGE AND OTHER COSTS

69. Application—pt 4.5
70. Employer liability for medical treatment etc
71. Claim for compensation for pt 4.5
72. Second assessments
73. Payments for medical treatment received from hospital
73A. Working out costs of alterations to residences
73B. Payments for costs of alterations to residences
74. Transport costs other than private car
75. Working out transport costs for private cars
76. Costs of accommodation and meals

PART 4.6--COMPENSATION FOR DEATH

77. Death benefits
78. Payment into court of lump sum death benefits

PART 4.7--REGISTRATION OF AGREEMENTS FOR COMPENSATION

79. Registration of agreements for compensation
80. Effect of registration of agreements
81. Cancellation or amendment of registered agreements

PART 4.8--EXCEPTIONS TO ENTITLEMENTS TO COMPENSATION

82. When is compensation under Act generally not payable?
83. No compensation while imprisoned
84. Compensation for sporting injuries

CHAPTER 5--INJURY MANAGEMENT PROCESS

PART 5.1--OBJECT AND DEFINITIONS FOR CH 5

85. Object—ch 5
85A. Meaning of injured worker and personal injury
86. Definitions—ch 5
86A. Meaning of insurer for ch 5
87. Meaning of employer and insurer if more than 1

PART 5.2--GENERAL OBLIGATIONS

88. Insurer to establish etc injury management program
89. Insurer to give effect to injury management program
90. Insurer's obligation of prompt payment
91. Employer's obligations for injury management programs
92. Register of injuries

PART 5.3--OBLIGATIONS ON INJURY

93. Early notification of workplace injury
94. Injury notice
94A. Uninsured employer to give DI fund manager injury notice etc
94B. Liquidator to give DI fund manager injury notice etc
94C. Injured workers of uninsured employers may give DI fund manager injury
95. What if employer does not give notice of injury within time?
96. Obligations of insurer on being notified of injury

PART 5.4--OBLIGATIONS IN RELATION TO PERSONAL INJURY PLANS

96A. Application—pt 5.4
97. Personal injury plan for worker with significant injury
98. Provision of information about personal injury plan
99. Vocational rehabilitation
99A. Appointment of approved rehabilitation provider under personal injury
100. Employer's personal injury plan obligations
101. Worker's personal injury plan obligations
102. Nomination of doctor for personal injury plan
103. Subsequent medical certificates under personal injury plan

PART 5.4A--RETURN-TO-WORK COORDINATORS

103A. Definitions—pt 5.4A
103B. Application—pt 5.4A
103C. Appointment
103D. Functions
103E. Employer's obligations
103F. Register of return-to-work coordinators

PART 5.5--OTHER OBLIGATIONS

104. Injured worker's obligation to return to work
105. Employer must provide suitable work for full-time, part-time and casual
106. Employer must provide suitable work for contract workers
107. Payment of cost of medical treatment and rehabilitation services for injured
108. Second injury arrangements
109. Workplace rehabilitation
110. Return-to-work guidelines

PART 5.5A--OBLIGATIONS IN RELATION TO LTCS PARTICIPANTS

110A. LTCS participants—provision of information about assessment of treatment and

PART 5.6--COMPLIANCE WITH CH 5

111. Obligation of Minister
112. Compliance by insurers, including DI fund
113. Compliance by workers
114. Unreasonableness in stopping payment
115. Liability not affected

CHAPTER 6--CLAIMS

PART 6.1--MAKING CLAIMS

116. Making claim for compensation
117. Claim for property loss or damage
118. Medical certificates and claims for compensation
119. No compliant certificate with claim
120. Time for taking proceedings generally
121. Time for making claim under pt 4.4
122. When is a claim made?
123. Injury notice
124. No notice or defective or inaccurate notice
125. Admissibility of statements by injured workers
126. Action by employer in relation to claims
126A. Lump sum claims—notice by licensed insurers about double compensation

PART 6.2--TIME FOR ACCEPTING OR REJECTING CLAIMS

127. Meaning of insurer and given to insurer for pt
128. Claim—injury other than imminently fatal asbestos-related disease
128A. Claim—imminently fatal asbestos-related disease
129. Rejecting claims generally
130. Rejecting claim within 28 days
131. Rejecting claims after 28 days but within 1 year
132. Rejecting claims from 1 year

PART 6.3--LIABILITY ON CLAIMS

133. Without prejudice payments
134. Liability on claim not accepted or rejected
135. Order for refund of overpayments of compensation

PART 6.4--SETTLEMENT OF CLAIMS

136. Contracting out
137. How worker may commute rights
138. No assignment etc of payout of weekly compensation

CHAPTER 7--VOCATIONAL REHABILITATION

139. Meaning of approved rehabilitation provider etc
140. Meaning of vocational rehabilitation
141. Meaning of protocol in ch 7 etc
142. Vocational rehabilitation
142A. Vocational rehabilitation—LTCS participants
143. False representation of approval

CHAPTER 8--INSURANCE

PART 8.1--INSURANCE--GENERAL

Division 8.1.1--Interpretation

143A. Definitions
144. Meaning of compulsory insurance policy

Division 8.1.2--Licences—insurers

145. Requirement to hold insurer licence
145A. Application for insurer licence
145B. Regulator may request more information
145C. Change of information must be provided
145D. Issue of insurer licence
145E. Insurer licence—conditions
145F. Insurer licence—period
145G. Insurer licence—surrender
145H. Providing insurance services without insurer licence
145I. Breach of insurer licence condition
145J. Regulations about insurer licences

Division 8.1.3--Licences—self-insurers

145K. Requirement to hold self-insurer licence
145L. Application for self-insurer licence
145M. Regulator may request more information
145N. Change of information must be provided
145O. Issue of self-insurer licence
145P. Self-insurer licence—conditions
145Q. Self-insurer licence—period
145R. Self-insurer licence—surrender
145S. Failing to hold a self-insurer licence
145T. Breach of self-insurer licence condition
145U. Regulations about self-insurer licences

Division 8.1.4--Licences—compliance and other requirements

146. Effect of cancellation or suspension of insurer licence
146A. Effect of cancellation or suspension of self-insurer licence
147. Compulsory insurance—employers
147A. Compulsory insurance—offences
147B. Compulsory insurance policy—minimum premium following default
148. Effect of failure to maintain compulsory insurance on other insurance etc for this
149. Failure to maintain compulsory insurance policy—regulator entitled to recovery
150. Evidence of maintenance of compulsory insurance policy
152. Compulsory insurance—licensed insurers
153. Cancellation
154. Cover notes
155. Information for licensed insurers on application for issue or renewal of
155A. Employer must notify licensed insurer of certain corrected
156. Information for licensed insurers after renewal of policies
157. Information for licensed insurers after end or cancellation of policies
158. Information for new licensed insurers after change of licensed insurers
160. Certificate of currency
161. Requirement to produce certificate of currency
162. False information causing lower premium
162A. Avoiding payment of premium—regulator entitled to recovery
162B. Cease business order
163. Employment after 2nd offence
164. Provision of information to Minister

Division 8.1.5--Regulatory action

164A. Meaning of regulatory action—div 8.1.5
164B. When regulatory action may be taken
164C. Notification of proposed regulatory action
164D. Taking regulatory action
164E. Not taking regulatory action
164F. Regulatory action in another jurisdiction
164G. Effect of suspension

PART 8.2--DEFAULT INSURANCE FUND

Division 8.2.1--Definitions for pt 8.2

165. Definitions—pt 8.2

Division 8.2.2--Establishment etc of DI fund

166. Establishment of DI fund
166A. Purpose of DI fund
166AA. DI fund—compensation for imminently fatal asbestos-related
166B. Payments out of DI fund
166C. Appointment of DI fund manager
166D. DI fund manager's functions etc
166F. DI fund manager may engage consultants including claims
166G. Claims manager's functions
166H. Engagement of DI fund actuary
166I. Delegation by DI fund manager

Division 8.2.3--Administration of DI fund

167. Accounts for DI fund
167A. Investments of amounts of DI fund
167B. Borrowing for DI fund
167C. Audit of DI fund
167D. Information and assistance by employer to DI fund manager
167E. Assessment of financial position
167F. Determination that policy in force despite absence of record

Division 8.2.4--Contributions to DI fund

168. Licensed insurers and licensed self-insurers must give information
168A. Contributions to DI fund by licensed insurers and licensed self-insurers
168AA. Supplementary contributions to DI fund by licensed insurers and licensed

Division 8.2.5--DI fund's relationship with liquidators of licensed insurers

169. Displacement of liquidator's Corporations Act obligation
169A. Payment to DI fund of amounts recovered by liquidator from
169B. Payment to DI fund of amounts recovered by liquidator using fund
169C. Rights of DI fund manager against licensed insurer
169D. Liquidator to notify DI fund manager of dissolution

Division 8.2.6--Making claims for payment

170. Who may make claim for payment
170A. When must claim for payment be made
170B. How claim for payment made if no licensed insurer
170C. How claim for payment made if licensed insurer not wound up
170D. How claim for payment made if licensed insurer wound up
170E. Claim for payment if employer to pay and liability not covered by compulsory insurance
170F. Claim for payment if final judgment etc and liability not covered by compulsory
170G. Claim for payment if agreement to discharge liability at common law and liability not
170H. Claim for payment if final judgment etc and liability covered by compulsory insurance
170HA. Claim for payment if entitlement to claim compensation and licensed self-insurer
170HB. Claim for payment if final judgment etc and licensed self-insurer unable to cover
170I. Claim for payment if entitlement to claim compensation and liability covered by
170J. Liquidator to forward claims to DI fund manager
170K. Power of Supreme Court to set aside agreements
170L. Treatment of set aside agreement
170M. Time-barred rights after agreement set aside
170N. Proceeding after agreement set aside

Division 8.2.7--Payment of claims

171. Payments out of DI fund
171A. Reopening of agreements and awards
171B. Deciding or re-deciding claim
171C. Approval of terms of settlement by court
171D. DI fund paying claims for payment if liability not completely covered by a
171E. DI fund paying claims for payment against licensed insurers and licensed
171F. Liquidators to account to DI fund manager
171G. Intervention by DI fund manager
171H. DI fund manager may act
171I. Effect of payment of claims

Division 8.2.8--Default insurance fund—miscellaneous

172. Proceedings to be in the name of ‘Workers Compensation Default Insurance Fund
172A. DI fund manager may consent to judgment etc
173. DI fund manager not personally liable
176. Premiums—maximum rates
177. Premiums—remuneration for professional sporting activity
178. Workers' rights to information
179. Regulations to allow Minister to authorise people

PART 8.3--ACTS OF TERRORISM

179A. Application of pt 8.3 to insurers
179B. Definitions—pt 8.3
179C. Meaning of act of terrorism for pt 8.3
179D. Terrorism cover temporary reinsurance fund
179E. Entitlement of insurers to reimbursement from temporary fund
179F. Payments out of temporary fund
179G. Regulations about temporary fund
179H. Exclusion of Corporations legislation
179I. Review of payments out of temporary fund

CHAPTER 9--COMMON LAW DAMAGES

PART 9.1--INTERPRETATION AND APPLICATION--CH 9

180. Definitions—ch 9
181. References to person who recovers damage etc
182. Payments by DI fund manager

PART 9.2--CHOICE OF LAW

182A. Definitions—pt 9.2
182B. Meaning of substantive law
182C. Meaning of damages claim
182D. Applicable substantive law for damages claims
182E. Claims to which pt 9.2 applies

PART 9.3--COMPENSATION AND COMMON LAW DAMAGES

182EA. Application to participate in LTCS scheme
182F. Lump sum claims—notice by lawyers to clients about repayment
183. Remedies against employer and stranger
184. No compensation if damages received
185. Dependants recovering damages and not claiming compensation
186. Discharge of liability out of payments into court

PART 9.4--LTCS SCHEME PARTICIPANTS

186A. LTCS scheme participant—no damages etc for treatment, care and
186B. Effect of payments under LTCS Act on limitation period

CHAPTER 10--INSPECTION

187. Definitions—ch 10
188. Inspectors
189. Identity cards
190. Provision of information to inspectors
191. Powers of entry
192. Notification of entry
192A. General powers on entry
192B. Premises used for residential purposes
193. Search warrants

CHAPTER 11--PROCEDURE FOR PAYMENT OF COMPENSATION

195. Conciliation and arbitration
196. Admissibility of statements by injured workers
197. Appeals

CHAPTER 12--NOTIFICATION AND REVIEW OF DECISIONS

198. Definitions—ch 12
199. Application—ch 12
199A. Notice of reviewable decisions
199B. Internal review of certain decisions
199C. Applications for internal review
199D. Internal review
199E. Review of decisions by ACAT

CHAPTER 13--MISCELLANEOUS

200. Secrecy
200A. Record keeping
201. Medical referees
201A. Civil liability of executive officers
202. Time for beginning prosecutions
203. Criminal liability of executive officers
204. Court-directed publicity for offences
205. Publication by regulator of convictions etc
206. Minister must take advice
208. Directions about procedure
209. References to Workers' Compensation Act etc
210. Apportioning cost of administering workers compensation and safety
210A. Notice of apportioned liability
211. Amounts for administering workers compensation and safety
221. Determination of fees
222. Approved forms
223. Regulation-making power
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
DICTIONARY
ENDNOTES

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