New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - As at 20 December 2019 - Act 86 of 1998


TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      System objectives
   4.      Definitions
   5.      Deemed employment of workers
   6.      Application of Act in certain respects
   7.      Act binds Crown
   8.      Certain Acts not affected
   9.      (Repealed)
   9A.     Application of Act in respect of coal industry

CHAPTER 2 - ADMINISTRATION

   PART 1 - (Repealed)
   None

   PART 2 - GENERAL WORKERS COMPENSATION FUNCTIONS

           14-21. (Repealed)
   22.     Objectives and general functions of Authority under workers compensation legislation
   23.     Specific functions
   23A.    (Repealed)

   PART 3 - WORKERS COMPENSATION INDEPENDENT REVIEW OFFICER

           Division 1 - Administrative arrangements

   24.     Appointment of Independent Review Officer
   25.     Vacancy in office of Independent Review Officer
   26.     Appointment of acting Independent Review Officer

           Division 2 - Functions

   27.     Functions of Independent Review Officer
   27A.    Complaints about insurers
   27B.    Requirement to provide information
   27C.    Annual report
   27D.    Delegation of functions
           PARTS 4, 5 - (Repealed)
           None

   PART 6 - FINANCIAL PROVISIONS

           Division 1 - Workers Compensation Operational Fund

   34.     Workers Compensation Operational Fund
   35.     Payments into and from Fund
   35A.    Certain ongoing costs of Compensation Court jurisdiction
   36.     Investment

           Division 2 - Contributions to Workers Compensation Operational Fund

   37.     Definitions
   38.     Assessment by Authority of amount to be contributed to Fund
   39.     Contributions to Fund by insurers and self-insurers
   39A.    Contributions to Fund by Comcare employers

           Division 3 - Financial year of Authority

   40.     Financial year of Authority

   PART 7 - INFORMATION COLLECTION AND SHARING

   40A.    Definitions
   40B.    General data gathering, exchange, etc, by Authority, insurers and relevant insurance or compensation authorities
   40C.    Data required to be supplied to Authority by insurers
   40D.    Mandatory notification

CHAPTER 3 - WORKPLACE INJURY MANAGEMENT

   PART 1 - PRELIMINARY

   41.     Object and application of Chapter
   41A.    Chapter applies even when liability disputed
   42.     Definitions

   PART 2 - OBLIGATIONS OF INSURERS, EMPLOYERS AND WORKERS

   42A.    Injury management pilot projects
   42B.    Claims assistance
   43.     Injury management programs
   44.     Early notification of workplace injury
   45.     Injury management plan for worker with significant injury
   45A.    Injury management consultants
   46.     Employer's injury management plan obligations
   47.     Worker's injury management plan obligations
   48.     Return to work obligations of worker
   48A.    Failure to comply with return to work obligations of worker
   49.     Employer must provide suitable work
   50.     Payment of cost of treatment of injured worker
   51.     (Repealed)
   52.     Workplace rehabilitation
   53.     Vocational re-education etc provided by Authority
   54.     Second-injury scheme
   55.     Compliance by insurers
   55A.    Compliance by scheme agents
   56.     Compliance by employer
   57.     (Repealed)
   58.     Liability not affected
   59.     Regulations

   PART 3 - EMPLOYER IMPROVEMENT NOTICES

   59A.    Authorisation of inspectors
   59B.    Issue of improvement notices
   59C.    Contents of improvement notices
   59D.    Compliance with improvement notice
   59E.    Extension of time for compliance with improvement notices

CHAPTER 4 - WORKERS COMPENSATION

   PART 1 - COMPENSATION--GENERAL

   60.     Liability, benefits, common law and other matters

   PART 2 - COMPENSATION--CLAIMS AND PROCEEDINGS

           Division 1 - Notice of injury etc and claims for compensation

   60A.    Application of Division
   61.     Notice of injury to be given to employer
   62.     Provisions relating to giving of notice of injury
   63.     Register of injuries
   64.     Notice of incapacity, medical etc treatment and damage to property
   65.     Making a claim for compensation
   66.     Manner of making claim for compensation
           67, 68. (Repealed)
   69.     Action by employer in respect of claims

           Division 2 - Administration by insurers of claims for compensation or damages

   70.     Definitions
   71.     Duty of claimant to co-operate
   72.     Inspection of relevant claims information
   73.     Insurer to provide copies of reports to worker
   74.     (Repealed)
   74A.    Duty of insurer to pay compensation promptly
   75.     Report about delays and the incurring of unreasonable costs by insurers

           Division 3 - Notification of decisions of insurers

              Subdivision 1 - Preliminary

   76.     Definitions
   77.     Requirement for refund of weekly payments not affected

              Subdivision 2 - General notice requirements

   78.     Insurer to give notice of decisions
   79.     How notice of decision is given

              Subdivision 3 - Notice period for discontinuation and reduction of weekly compensation

   80.     Required period of notice
   81.     Effect of stay of decision on notice period
   82.     Effect of review decision on notice period
   83.     Effect of affirmation of work capacity decision or withdrawal, discontinuance or dismissal of dispute proceedings
   84.     Recovery of weekly payments by worker where notice not given by insurer

              Subdivision 4 - Offences

   85.     Failure to comply with notice requirement

           Division 4 - Special provisions with respect to weekly payments of compensation

   91A.    Division applies only to existing claims
   92.     Definitions
   93.     Claims for weekly compensation--commencement of payments
   94.     Offences--commencement of weekly payments
   95.     Direction by conciliator--commencement or continuation of weekly payments
   96.     Maximum period of weekly payments of compensation under direction of conciliator
   97.     Revocation of directions of conciliator
   98.     Offence--failure to comply with directions
   99.     Payment under direction etc not admission of liability
   100.    Direction under section 95 not to be challenged on technicality

           Division 5 - Restrictions on commencing court proceedings

   100A.   Division applies only to existing claims
   101.    Restrictions on commencing court proceedings about weekly payments
   102.    Restrictions on commencing court proceedings for lump sum compensation
   103.    Restrictions on commencing court proceedings about medical, hospital and other expenses
   104.    Court rules and regulations providing for evidence of compliance

           Division 6 - Proceedings before Commission or the Compensation Court

   105.    Jurisdiction of Commission and Compensation Court
   106.    Authority may intervene in proceedings
   107.    Applications to be heard together
   108.    Interim awards
   109.    Interest before order for payment
   110.    Interest after order for payment
   111.    Interest on agreed payment of lump sum compensation
   111A.   Costs provisions apply only to existing claim matters
   112.    Costs
   113.    Regulations fixing maximum costs recoverable by legal practitioners or agents
   114.    Maximum fees recoverable by medical practitioners for medico-legal services
   115.    Limit on recovery of costs unreasonably incurred
   116.    Solicitor/client costs in compensation proceedings
   117.    Admissibility of statements by injured workers
   118.    Registration of certain persons involving interpreting etc services

           Division 7 - Medical examinations and disputes

   118A.   Application of certain provisions of Division only to existing claims
   119.    Medical examination of workers at direction of employer
   120.    Medical examination of worker at direction of Commission
   121.    Assessment of medical disputes by approved medical specialists
   122.    Referral of medical disputes to referee or panel on application of worker or employer
   123.    Reference of medical disputes by Principal Conciliator
   124.    Referral of matters to medical referee or panel for report
   125.    Reimbursement of worker for loss of wages and expenses associated with medical examination
   126.    Copies of certain medical reports to be supplied to worker
   127.    Admissibility of medical reports
   128.    Admissibility and evidentiary value of certificates and reports of medical referees and panels
   129.    Power to correct mistakes in medical reports or certificates
   130.    Rules of Court and regulations with respect to medical evidence

           Division 8 - Prohibited conduct relating to touting for claims

   131.    Definitions
   132.    Prohibited conduct by agents
   133.    Offence of engaging in prohibited conduct
   134.    Consequences of prohibited conduct for recovery of fees by agents
   135.    Consequences of prohibited conduct for lawyers
   136.    Lawyers and agents can be requested to certify as to prohibited conduct
   137.    Power to restrict or ban recovery of costs by agents who engage in prohibited conduct
   138.    Power to restrict or ban recovery of costs by solicitors
   139.    Power to restrict or ban agents who engage in prohibited conduct
   140.    Past conduct included in assessing persistent conduct
   141.    Duty of claimants to comply with requests for information about agents and lawyers
   142.    Regulation of advertising

CHAPTER 5 - (Repealed)
           None

CHAPTER 6 - MISCELLANEOUS

   230A.   Premium Discount Schemes
   231.    Notification of summary of Act and insurance details
   232.    Worker's right to information
   233.    No contribution from workers
   234.    No contracting out
   235.    Non-assignability of compensation
   235A.   Fraud on workers compensation scheme
   235B.   Remedy available where claim fraudulent
   235C.   False claims
   235D.   Order for refund of overpayments of compensation
   236.    Service of notices
   237.    Service of documents
   238.    Powers of entry by inspectors
   238A.   Search warrant
   238AA.  Power to obtain information, documents and evidence
   238B.   Protection from incrimination
   238C.   Inspector may request assistance
   239.    Authority may obtain documents from certain registries
           240-242. (Repealed)
   243.    Disclosure requirements
   243AA.  Secrecy of information obtained from or relating to insurers or proposed insurers
   243A.   (Repealed)
   244.    Liability of directors etc for offences by corporation--accessory to the commission of the offences
   245.    Proceedings for offences
   245A.   Evidence--criminal proceedings under WHS legislation
   246.    Penalty notices
   247.    Time for instituting proceedings
   248.    Regulations
   248A.   (Repealed)
   249.    Repeal of WorkCover Administration Act 1989 No 120

CHAPTER 7 - NEW CLAIMS PROCEDURES

   PART 1 - PRELIMINARY

   250.    Interpretation
   251.    Application of Chapter

   PART 2 - GIVING NOTICE OF INJURY AND MAKING A CLAIM

           Division 1 - Notice of injury

   252.    Application of Division
   253.    Interpretation
   254.    Notice of injury must be given to employer
   255.    How notice of injury is given
   256.    Register of injuries
   257.    Notice of incapacity, medical etc treatment and damage to property
   258.    Offence

           Division 2 - Making a claim for compensation or damages

   259.    Application of Division
   260.    How a claim is made
   261.    Time within which claim for compensation must be made
   262.    Time within which claim for work injury damages must be made
   263.    Lump sum compensation claims to be made at same time
   264.    Action by employer in respect of claims, injuries and compensation

   PART 3 - DEALING WITH CLAIMS

           Division 1 - Special provisions for commencement of weekly payments after initial notification of injury

   265.    Application of Division
   266.    Meaning of initial notification of injury
   267.    Duty to commence weekly payments following initial notification of injury
   268.    Insurer must notify worker of reasonable excuse for not commencing weekly payments
   269.    Notice to be given of commencement of weekly payments
   270.    Obligations of worker to provide authorisations and medical evidence
   271.    Liability to make weekly payments not affected by making of claim
   272.    Recovery by insurer
   273.    Provision for recovery of excess for provisional payments

           Division 2 - Claims for weekly payments

   274.    Liability to be accepted and weekly payments commenced within 21 days
   275.    Duty to commence provisional weekly payments if claim is first notification of injury
   276.    Continuation of provisional payments started before claim made
   277.    Provision for recovery of excess for provisional payments
   278.    Early acceptance of liability not prevented

           Division 3 - Claims for medical expenses

   279.    Liability to be accepted within 21 days
   280.    Provisional acceptance of liability

           Division 4 - Claims for lump sum compensation and work injury damages

   280A.   Claim for lump sum compensation a pre-condition to damages claim
   280B.   Lump sum compensation to be paid before damages recovered
   281.    Liability to be accepted and settlement offer made
   282.    Relevant particulars about a claim

           Division 5 - Enforcement of claims obligations

   283.    Offence of failing to determine a claim for compensation
   284.    Insurer liable to pay fee if claim goes to assessment
   285.    Offence of referring non-genuine disputes
   286.    Partial acceptance of liability

   PART 4 - COMPENSATION DISPUTE DETERMINATION

           Division 1 - Preliminary

   287.    Disputes to which Part applies

           Division 2 - Reviews by insurer

   287A.   Request for review
   287B.   Regulations relating to decisions and reviews by insurers

           Division 3 - Determination of disputes by Commission

   288.    Referral of disputes to Commission
   289.    Restrictions as to when dispute can be referred to Commission
   289A.   Further restrictions as to when a dispute can be referred to Commission
   289B.   Stay of disputed work capacity decision
   290.    Information exchange between parties
   291.    (Repealed)
   292.    Expedited assessment
   293.    Medical assessment
   294.    Certificate of Commission's determination
   294A.   Rules and regulations concerning medical evidence

   PART 5 - EXPEDITED ASSESSMENT

           Division 1 - Preliminary

   295.    Disputes to which Part applies
   296.    Exercise of functions of Registrar

           Division 2 - Disputes concerning weekly payments or medical expenses

   297.    Directions for interim payment of weekly payments or medical expenses compensation
   298.    Period for which interim payment of weekly payments can be directed
   299.    Revocation of interim payment direction
   300.    Offence of failure to comply with interim payment direction
   301.    Effect of payment under interim payment direction
   302.    Rules relating to interim payment directions
   303.    Commission can give interim payment direction
   304.    Recovery of payments

           Division 2A - Disputes concerning past weekly payments

   304A.   Disputes to which Division applies
   304B.   Registrar may deal with dispute

           Division 3 - Disputes about non-compliance with Chapter 3

   305.    Disputes to which Division applies
   306.    Ways in which dispute can be dealt with
   307.    Registrar can recommend certain action
   308.    Compliance with recommendations of Registrar
   309.    Employers--representation and admissions
   310.    Referral of dispute to Commission

   PART 6 - COURT PROCEEDINGS FOR WORK INJURY DAMAGES

           Division 1 - Preliminary

   311.    Interpretation
   312.    Forum for court proceedings

           Division 2 - Threshold for award of damages

   313.    Threshold dispute prevents service of pre-filing statement and commencement of court proceedings
   314.    What constitutes threshold dispute

           Division 3 - Pre-filing statements

   315.    Requirement for pre-filing statement before commencing court proceedings
   316.    Defendant must respond to pre-filing statement
   317.    Defective pre-filing statement
   318.    Parties limited to pre-filing statement and defence

           Division 4 - Mediation

   318A.   Mediation of claim before commencement of court proceedings
   318B.   Mediator to bring parties to agreement
   318C.   Legal and other assistance at mediation
   318D.   Powers of mediators
   318E.   Offers made at mediation not to be disclosed to court
   318F.   Appointment of mediators
   318G.   Protection of mediators
   318H.   Mediation fees

           Division 5 - General

   318I.   Orders for access to information and premises

   PART 7 - MEDICAL ASSESSMENT

   319.    Definitions
   320.    Appointment of approved medical specialists
   321.    Referral of medical dispute for assessment
   321A.   Referral of medical dispute concerning permanent impairment
   322.    Assessment of impairment
   322A.   One assessment only of degree of permanent impairment
   323.    Deduction for previous injury or pre-existing condition or abnormality
   324.    Powers of approved medical specialist on assessment
   325.    Medical assessment certificate
   326.    Status of medical assessments
   327.    Appeal against medical assessment
   328.    Procedure on appeal
   329.    Referral of matter for further medical assessment or reconsideration
   330.    Costs of medical assessment
   331.    Guidelines

   PART 8 - COSTS

           Division 1 - Preliminary

   332.    Definitions
   333.    Costs to which Part applies
   334.    Part prevails over legal costs legislation
   335.    Assessment of costs
   336.    Exclusion of matters from this Part

           Division 2 - Fixing of maximum costs and fees

   337.    Maximum lawyer and agent costs
   338.    Costs of obtaining medical and other reports
   339.    Maximum fees payable to health service providers

           Division 3 - Special provisions for costs in compensation and damages assessment matters

   340.    Application of Division
   341.    Costs
           342, 343. (Repealed)
   344.    Liability of legal practitioner for client's costs in certain cases
   345.    (Repealed)

           Division 3A - Special provisions for costs in work injury damages proceedings

   346.    Costs

           Division 4 - Costs assessment

   347.    Regulations for costs assessment
   348.    (Repealed)

   PART 9 - PROCEEDINGS BEFORE COMMISSION

   349.    Arrangement of business
   350.    Decisions of Commission
   351.    Reference of question of law on compensation claim to Commission constituted by Presidential member
   352.    Appeal against decision of Commission constituted by Arbitrator
   353.    Appeal against decision of Commission constituted by Presidential member
   354.    Procedure before Commission
   355.    Arbitrator to attempt conciliation
   356.    Representation before Commission
   357.    Power of Commission to require information
   358.    Power of Commission to provide documents and information to a party
   359.    Summons to appear at conference or hearing
   360.    Powers of Commission to require evidence
   361.    Protection of legal practitioners, witnesses and others
   362.    Recovery of amounts ordered to be paid
   363.    (Repealed)
   364.    Rules of the Commission
   365.    Publication of decisions and inspection of registers of agreements

   PART 10 - ADMINISTRATION

           Division 1 - Workers Compensation Commission

   366.    Establishment of Commission
   367.    Objectives of Commission
   368.    Members of Commission
   369.    Qualifications for appointment
   370.    Functions of members
   371.    Functions of Registrar
   372.    Control and direction of members of Commission
   373.    Provisions concerning members
   374.    Staff and facilities of Commission
   375.    Constitution of Commission for particular proceedings

           Division 2 - Workers Compensation guidelines

   376.    Issue of guidelines
   377.    Special requirements relating to Workers Compensation Guidelines relating to impairment

   PART 11 - RECONSIDERATION OF DECISIONS

   378.    Reconsideration of decisions of Registrar or Appeal Panel
           SCHEDULE 1
           Schedule 4 (Repealed)
           SCHEDULE 5
           SCHEDULE 5A
           Schedule 6 (Repealed)


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback