New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016

- Made under the Workers Compensation Act 1987
- As at 24 July 2024
- Reg 559 of 2016

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - WORK-RELATED DISEASES

   4.      Diseases taken to be work-related
   5.      Medical tests and results to determine whether brucellosis, Q fever or leptospirosis is work-related
   5A.     Firefighting bodies and agencies
   5B.     COVID-19--medical tests and results to determine if COVID-19 is work-related
   5C.     COVID-19--matters relating to incapacity
   5D.     COVID-19--prescribed employment

   PART 3 - PRE-INJURY AVERAGE WEEKLY EARNINGS--INJURIES OCCURRING BEFORE 21 OCTOBER 2019

   6AA.    Application of Part
   6.      Minimum amount of pre-injury average weekly earnings
   7.      Prescribed number of hours each week

   PART 4 - PRE-INJURY AVERAGE WEEKLY EARNINGS--INJURIES OCCURRING ON OR AFTER 21 OCTOBER 2019

           Division 1 - Preliminary

   8.      Application and operation of Part
   8AA.    Definitions
   8AB.    Minimum amount of pre-injury average weekly earnings--Schedule 3, clause 2(4)

           Division 2 - Relevant earning period

   8A.     Operation of Division
   8B.     Adjustment for workers not continuously employed--Schedule 3, clause 2(3)(a) of 1987 Act
   8C.     Adjustment for financially material change to earnings--Schedule 3, clause 2(3)(a) of 1987 Act
   8D.     Alignment of relevant earning period with pay period--Schedule 3, clause 2(3)(b) of 1987 Act
   8E.     Adjustment for unpaid leave--Schedule 3, clause 2(3)(a) of 1987 Act
   8EA.    Adjustment for prescribed periods relating to COVID-19--Schedule 3, clause 2(3)(a) of 1987 Act

           Division 3 - Pre-injury average weekly earnings--short-term workers, apprentices, trainees and young people

   8F.     Pre-injury average weekly earnings for short-term workers--Schedule 3, clause 4(2) of 1987 Act
   8G.     Pre-injury average weekly earnings of apprentices, trainees and young people--Schedule 3, clause 5(3)(c) of 1987 Act

           Division 4 - Pre-injury average weekly earnings agreements

   8H.     Operation of Division
   8I.     Agreements to be approved by insurer--Schedule 3, clause 3(2)
   8J.     Application for approval of agreement--Schedule 3, clause 3(1)
   8K.     Approval of agreement--Schedule 3, clause 3(1)
   8L.     Variation of agreement
   8M.     Withdrawal of pre-injury average weekly earnings agreement--Schedule 3, clause 3(2) and (3)

           Division 5 - Miscellaneous

   8N.     Insurer procedures for work capacity decisions--section 44BAA

   PART 5 - RETURN TO WORK ASSISTANCE

   9.      Liability to pay compensation for work assistance
   10.     Liability to pay compensation for education or training

   PART 6 - RETURN-TO-WORK PROGRAMS UNDER THE 1998 ACT

   11.     Time within which program to be established
   12.     Offence--failure to establish program
   13.     Standard return-to-work programs for category 2 employers
   14.     Program to comply with return-to-work guidelines etc
   15.     Return-to-work guidelines for programs--directions
   16.     Nomination in programs of approved providers of workplace rehabilitation services
   16A.    Notification of program
   17.     Offence--failure to display or notify program
   18.     Notification etc of program by category 2 employer
   19.     Category 1 employers must have return-to-work co-ordinator
   20.     Functions of return-to-work co-ordinators
   21.     Exemptions

   PART 7 - APPROVAL OF WORKPLACE REHABILITATION PROVIDERS

   22.     Application for certificate of approval
   23.     Determination of application
   24.     Form of certificate of approval
   25.     Holder of certificate to comply with conditions
   26.     Amendment of certificate
   27.     Notice of refusal
   28.     Duration of certificates
   29.     Surrender of certificates
   30.     Duplicate certificates
   31.     Register of certificates
   32.     False or misleading statements
   33.     Cancellation or suspension of certificate
   34.     False claim of approval

   PART 8 - NOTICES AND CLAIMS PROCEDURE

   35.     Notification of workplace injury
   36.     Employer must give early notification of workplace injury
   37.     Notice of injury involving loss of hearing
   38.     Notice of insurer decisions
   38A.    Notice of insurer decisions--work injury damages
   38B.    Notice requirements--coal miners
   39.     Form of notice to be posted up at workplace
   40.     Form of register of injuries to be kept at workplace
   41.     Access to certain medical reports and other reports obtained by insurer
   42.     Interim payment direction not presumed to be warranted
   42A.    Review of decisions by insurer
   42B.    Notice of review decision

   PART 9 - RESTRICTIONS ON OBTAINING MEDICAL REPORTS

   43.     Definitions
   44.     Restrictions on number of medical reports that can be admitted
   45.     Supplementary reports admissible
   46.     Restriction on disclosure of forensic medical reports to medical assessors
   47.     Restrictions on recovery of cost of medical reports
   48.     Medical treatment not affected
   49.     Reports of medical panels and referees not affected

   PART 10 - INSURANCE POLICIES

   50.     Administration fees and late payment fees for exempt employers
   51.     Provisions of policies of insurance
   52.     Excess recoverable from employer
   53.     Information to be provided for certificate of currency
   54.     Certificate of currency--period of insurance
   55.     Liability for subcontractor premiums--exemption for farming operations
   56.     Employers excluded from grouping provisions

   PART 11 - MODIFICATION OF PROVISIONS APPLYING TO SELF-INSURERS

   57.     Interpretation
   58.     References to "insurer"
   59.     Modification of exceptions for self-insurers
   60.     Preparation of injury management plan
   61.     Self-insurer's licence

   PART 12 - WORKERS COMPENSATION OPERATIONAL FUND

   62.     Definitions
   63.     Definition of "premium income" for purposes of insurers' contributions
   64.     Definition of "deemed premium income" for purposes of self-insurers' contributions

   PART 13 - DEEMED EMPLOYMENT

   65.     Ministers of religion

   PART 14 - INSURERS' GUARANTEE FUND

   66.     Definitions
   67.     Financial years for contributions to Insurers' Guarantee Fund
   68.     Time etc for payment of insurer's contribution
   69.     Further contributions payable by insurers
   70.     Determination of contributions and further contributions

   PART 15 - PENALTY NOTICE OFFENCES

   71.     Penalty notice offences

   PART 16 - MARKETING OF WORK INJURY AGENT SERVICES

           Division 1 - Preliminary
           Note

   72.     Definitions

           Division 2 - Advertising by agents

   73.     Restrictions on advertising work injury services
   74.     Exception for advertising specialty
   75.     Other exceptions
   76.     Responsibility for employees and others
   77.     Responsibility for advertisements published by others

           Division 3 - Advertising by persons other than agents or lawyers

   78.     Application of Division
   79.     Definition of "work injury advertisement"
   80.     Restrictions on work injury advertisements
   81.     Exception for advertising specialty
   82.     Other exceptions
   83.     Protection of publishers

   PART 17 - COSTS

           Division 1 - Preliminary

   84.     Definitions
   85.     Definition of "costs"
   86.     Costs not regulated by this Part

           Division 2 - Costs recoverable in compensation matters

              Subdivision 1 - Preliminary

   87.     Application of Division

              Subdivision 2 - Maximum costs recoverable by law practices and agents in compensation matters

   88.     Maximum costs recoverable
   89.     Maximum costs involving medical or related treatment or certain fees for health service providers
   90.     Costs not recoverable in certain circumstances (workers compensation matters)

           Division 3 - Costs recoverable in work injury damages matters

              Subdivision 1 - Maximum costs recoverable by law practices in work injury damages matters

   91.     Application of Division
   92.     Fixing of maximum costs recoverable by law practices
   93.     Contracting out--law practice/client costs

              Subdivision 2 - Restriction on awarding of costs
              Note

   94.     Costs where claimant no less successful than claimant's final offer
   95.     Costs where claimant less successful than insurer's final offer or insurer found not liable
   96.     Costs in other cases
   97.     Deemed offer where insurer denies liability and no mediation occurs or mediation fails
   98.     Subdivision does not apply to ancillary proceedings
   99.     Multiple parties

           Division 3A - (Repealed)
           None

           Division 4 - Assessment of costs

              Subdivision 1 - Preliminary

   100.    Definitions
   101.    Application by client for assessment of law practice/client or agent/client costs
   102.    Application by instructing law practice or agent for assessment of law practice/client or agent/client costs
   103.    Application by billing law practice or agent for assessment of law practice/client or agent/client costs
   104.    Application for assessment of party/party costs--compensation matters
   105.    Application for assessment of party/party costs--work injury damages matters
   106.    Making an application for assessment
           107-109. (Repealed)
   110.    Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court

              Subdivision 2 - Assessment of bills of costs between law practice or agent and client

   111.    Assessment of bills generally
   112.    Additional matters to be considered in assessing bills of costs
   113.    Costs agreements not subject to assessment
   114.    Unjust costs agreements
   115.    Interest on amount outstanding

              Subdivision 3 - Assessment of party/party costs

   116.    Assessment of costs--costs ordered by court or Commission or subject of agreement
   117.    Additional matters to be considered by Commission in assessing costs ordered by court or Commission
   118.    Effect of costs agreements in assessments of party/party costs
   119.    Court or Commission may specify amount etc

              Subdivision 4 - Enforcement of assessment

   120.    Certificate as to determination
   121.    Reasons for determination
   122.    Recovery of costs of costs assessment
   123.    (Repealed)
   124.    Determination to be final

              Subdivision 5 - Appeals

   125.    Appeal against decision of Commission as to matter of law
   126.    Effect of appeal on application

              Subdivision 6 - Miscellaneous

   127.    Liability of law practice or agent for costs in certain cases
   128.    Referral of misconduct to designated local regulatory authority

           Division 5 - Goods and services tax

   129.    GST may be added to costs

           Division 6 - Miscellaneous

   130.    Modifications to Legal Profession Uniform Law (NSW) relating to assessment of costs
   131.    Special provision for matters involving coal miners
   132.    Bill of costs to be in approved form
   133.    Costs orders in respect of certain matters

   PART 18 - INSURANCE PREMIUMS

           Division 1 - Preliminary

   134.    Application of Part
   135.    Definitions
   136.    Meaning of "injury year"
   137.    Non wages-based calculation of premium

           Division 2 - Declaration of wages

   138.    Employer to supply insurer with return relating to wages--standard policies
   139.    Employer to supply insurer with return relating to wages--retro-paid loss premium policies
   140.    Experience premium return
   141.    Offence by employer

           Division 3 - Input tax credit entitlements

   142.    Employer to give insurer notice of input tax credit entitlement

           Division 4 - Certification of cost of claims

   143.    Definitions
   144.    Prevention of double allowance for provisional compensation payments
   145.    Cost of an individual claim
   146.    Cost of provisional payments of compensation
   147.    Certificates relating to cost of claims
   148.    Effect of certificate
   149.    Certificates by scheme agents relating to cost of claims--retro-paid loss premium policy
   150.    Employers who were previously self-insurers

           Division 5 - Demand for premium

   151.    Notice of premium calculation

           Division 6 - Payment of premiums by instalments

   152.    Payment of premiums by instalments
           153-161.

           Division 7 - Miscellaneous

   162.    Transitional--operation of amendments
   163.    Rebate of premium where fraud or mistake involved in claims

   PART 19 - MISCELLANEOUS

   164.    Disclosure of information for complaint about health practitioners
   165.    Disclosure of information to Long Service Corporation--the 1998 Act, s 243(2)
   165A.   Disclosure of information to person conducting special inquiry--the 1998 Act, ss 243(2) and 243AA(2)
   166.    Additional records to be kept by employers
   167.    Uninsured liabilities--modification of provisions of 1987 Act
   168.    Costs of medical assessment
   169.    (Repealed)
   170.    Proceedings to enter up award on agreement for compensation
   171.    Powers of entry by inspectors
   172.    Power to obtain information, documents and evidence
   173.    Applications for licences
   174.    Medical practitioner may be required to attend Commission
   175.    Evidence as to work capacity for second or subsequent certificates
   176.    Service of notices--the 1998 Act, s 236
   177.    Lump sum death benefit--additional compensation fees
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8