New South Wales Consolidated Acts

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SCHEDULE 5A – Injury management pilot projects

(Section 42A)

1 2 year pilot scheme

(1) This Schedule (except subclause (2)) operates for a 2 year period following the commencement of this Schedule.
(2) The effectiveness of this Schedule is to be evaluated by an independent person or body, chosen by the Authority by private tender, and the results of the evaluation are to be referred to the Law and Justice Committee of the Legislative Council which is to review the results and report to Parliament.

2 Definitions

In this Schedule--

"employer's injury manager" means the person for the time being appointed under this Schedule as injury manager for the group of employers of which the employer is a member.

"injury management functions" means--

(a) any function arising under Chapter 3 (Workplace injury management),
(b) any function that may be exercised in connection with dealing with and satisfying any claim against which an employer is indemnified under a policy of insurance,
(c) such other functions in connection with the operation of this Act or the 1987 Act or the regulations under those Acts as may be prescribed by the regulations for the purposes of this definition.

3 Appointment of injury manager for group of employers

(1) The Authority may, by order published in the Gazette, appoint a person as injury manager for the employers in a group of employers identified in the order as the group of employers to whom the order applies.
(2) A group of employers may be identified in an order by reference to employers in a geographical area or to employers engaged in a particular business or industry or may be identified in any other manner.
(3) The appointment of an injury manager may be made so as to apply in respect of all claims or injuries or be limited to apply in respect of a specified class or classes of claims or injuries, and may be made subject to specified terms and conditions.
(4) The Authority may by order in writing direct that an order under subclause (1) is not to apply to a specified employer or to a specified class of employers, and such a direction has effect accordingly.

4 Injury manager appointed as agent and attorney of employers and insurers

(1) An employer's injury manager is by this clause appointed as the agent and attorney of the employer, and of any insurer of the employer, in respect of such of the injury management functions of the employer or insurer as are specified in the order appointing the injury manager.
(2) As agent and attorney of an employer or insurer, an injury manager may exercise such of the rights and discharge such of the obligations of the employer and the insurer as may be necessary or convenient for the effectual exercise by the injury manager of the functions in respect of which the injury manager is appointed agent and attorney of the employer or insurer.
(3) The functions of an injury manager under this Schedule are subject to--
(a) the terms and conditions of the appointment of the injury manager, and
(b) such directions as the Authority may give to the injury manager in writing from time to time.
(4) An injury manager may exercise rights and discharge obligations as agent of an employer in the name of the employer or in the injury manager's own name.
(5) When an injury manager is authorised under this Schedule to exercise any rights or discharge any obligations of an employer or insurer as agent and attorney, the employer or insurer is not entitled to exercise those rights or discharge those obligations, except with the consent of the injury manager or the Authority.
(6) The order appointing an injury manager may require that any specified reference in this Act, the 1987 Act, the regulations under those Acts or a policy of insurance to an insurer or to an employer is, in connection with the exercise of any functions of the injury manager under this Schedule, to be read as a reference to the injury manager.
(7) The appointment effected by this clause may be revoked only by order under this Schedule.

5 Disclosure of information

The regulations may make provision for or with respect to authorising the Authority to disclose information obtained by the Authority as a result of or in connection with the operation of this Schedule.

6 Funding

(1) The Authority may establish a fund (an
"injury management fund" ) to be used for the payment of amounts by an injury manager in the performance of functions as agent and attorney of an employer or insurer.
(3) The regulations may make provision for or with respect to the following matters in connection with injury management funds--
(a) requiring the payment of interest on and the recovery of overdue payments required to be made by insurers into an injury management fund,
(b) the functions of an injury manager in connection with the administration of an injury management fund,
(c) the winding up of any such fund and the payment into the Insurance Fund of amounts standing to the credit of the fund,
(d) the auditing of an injury management fund.

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