Australian Capital Territory Numbered Acts

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WORKERS COMPENSATION AMENDMENT ACT 2003 (NO 2) (NO. 49 OF 2003) - SECT 12

Section 96

substitute

96     Obligations of insurer on being notified of injury    

    (1)     Within 3 business days after the day an insurer receives an injury notice, the insurer must take action under the insurer's injury management program.

Maximum penalty: 10 penalty units.

    (2)     Within 3 business days after the day an insurer receives an injury notice, if there are reasonable grounds for the insurer to believe that the injury is a significant injury, the insurer must make contact under the insurer's injury management program with each of the following people:

        (a)     the injured worker;

        (b)     the employer (unless the employer is a self-insurer);

        (c)     the worker's nominated treating doctor (if appropriate and practical).

Maximum penalty: 30 penalty units.

    (3)     If a workplace injury results in the worker being incapacitated for work for a continuous period of longer than 7 days, within 3 business days after the day the 1st continuous period of 7 days incapacity ends, the insurer must make contact under the insurer's injury management program with each of the following people:

        (a)     the injured worker;

        (b)     the employer (unless the employer is a self-insurer);

        (c)     the worker's nominated treating doctor (if appropriate and practical).

Maximum penalty: 30 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     In this section:

"continuous period", in relation to a worker's incapacity—a period is a "continuous period"—

        (a)     whether or not any of the days in the period are business days; and

        (b)     whether or not the incapacity is total or partial or a combination of both.

"significant injury" means a workplace injury that is likely to result in the worker being incapacitated for work for a continuous period of longer than 7 days.



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