Australian Capital Territory Numbered Acts

WORKERS' COMPENSATION (AMENDMENT) ACT 1991 (NO. 105 OF 1991) - SECT 10

10. Section 11 of the Principal Act is amended—

    (a)     by omitting subsections (1), (3) and (4) and substituting the following subsections:

“(1) Where—

        (a)     compensation in respect of an injury is payable by an employer to, or in respect of, a worker; or

        (b)     but for the fact that a worker is not incapacitated for work, or but for the operation of subparagraph 2 (b) (ii) of Schedule 1, compensation would be so payable;

the following provisions have effect.

“(2) The employer is liable to pay—

        (a)     in respect of the cost of medical treatment reasonably obtained in relation to the injury—compensation of such amount as is appropriate for the provision of the medical treatment, having regard to the charges customarily made for similar medical treatment in the place where that treatment is obtained; and

        (b)     in respect of any damage to, or loss of, the worker's clothing sustained in association with the injury—compensation of such an amount as is reasonable for the repair or replacement of the damaged or lost clothing.

“(3) The aggregate of any amounts payable under subsection (2)—

        (a)     for medical treatment consisting of the repair or replacement of a worker's contact lenses, crutches, prosthesis, spectacles or other artificial aid; or

        (b)     for damage to or loss of a worker's clothing;

shall not exceed—

        (c)     $300 or such greater amount as is prescribed; or

        (d)     if an amount in respect of such treatment, damage or loss is settled by arbitration in accordance with Schedule 4—that amount.

“(3A) For the purposes of this section, the cost of medical treatment shall be taken to include—

        (a)     the amount of wages lost by the worker by reason of the worker's attendance at any place for the purpose of undergoing such treatment;

        (b)     the reasonable cost of conveyance of the worker (whether by himself or herself or by another person) to and from such a place; and

        (c)     the reasonable cost of any accommodation required by the worker by reason of the worker's attendance at such a place.

“(4) Subject to subsection (5), a worker shall not institute proceedings for the recovery of compensation for the cost of medical treatment or in respect of damage to or loss of the worker's clothing unless the worker has given the employer notice in writing specifying—

        (a)     the amount of compensation sought; and

        (b)     reasonable particulars of the expenses for which compensation is sought.”; and

    (b)     by omitting subsection (6) and substituting the following subsection:

“(6) Where a worker receives medical treatment the cost of which the worker claims from an employer under this section, the employer may, in consultation with the medical practitioner or other person providing the treatment, before making a payment under this section, require the worker to be examined by a medical practitioner, or other person, selected by the employer.”.