New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) This Schedule applies to--(a) workers compensation claims and disputes that are resolved before proceedings are commenced in the Commission (in certain circumstances), and(b) disputes that are resolved after proceedings have been commenced in the Commission.
(2) When a claim or dispute is resolved, law practices or agents representing the parties will need to determine what type of resolution has been reached and when it was resolved. By applying these factors to this Schedule, the law practices or agents will be able to ascertain the costs recoverable.
(3) If a claim or dispute involves a number of resolution types that are resolved concurrently, or within a specified time frame, the costs recoverable are restricted to the resolution for which the highest amount of costs is payable.
(4) The recoverable costs will be either--(a) a maximum flat, predetermined figure, or(b) in the case of certain "special resolutions", a maximum amount establishing a range within which the parties may negotiate their costs entitlement.
(5) If a claim or dispute (other than a claim or dispute resolved by special resolution) includes "additional legal services" or involves "factors" as referred to in Table 4, there may be an additional allowance that can be added to the entitlement to costs.
(6) Part 3 determines regulated disbursements. Unregulated disbursements as identified by clause 86 of the Workers Compensation Regulation 2016 may be determined in accordance with the Legal Profession Uniform Law (NSW) , or if that Law does not apply, then principles of fairness and reasonableness apply. Disbursements that are neither regulated under Part 3 nor specified in clause 86 of the Workers Compensation Regulation 2016 are not recoverable, subject to clause 17 (Recovery of certain charges for certain documents from public authorities) of this Part.
(7) This Schedule contains three Parts--(a) Part 1 contains definitions, describes how the Tables operate and in some cases modifies the operation of the Tables.(b) Part 2 contains four tables--(i) Table 1 sets out the phases at which claims and disputes may be resolved and the costs that apply for the resolution at each phase.(ii) Table 2 sets out the types of resolutions that apply to Table 1, and indicates the level of costs (ie 75% or 100%) that will apply to that resolution type.(iii) Table 3 sets out alternate or "special" resolution types and the applicable costs for each party. Tables 1 and 2 do not apply to these "special" resolution types.(iv) Table 4 sets out additional legal services and other factors that may result in an increase to the costs claimable under Table 1.(c) Part 3 lists regulated disbursements.
(1) In this Schedule--
"application" means an application for resolution of a claim or dispute in the approved form accepted by the Commission for registration.
"complying agreement" has the same meaning as in section 66A of the 1987 Act.
"decision notice" means--(a) a notice issued under section 54 of the 1987 Act, or(b) a notice issued under section 74 of the 1998 Act, or(b1) a notice issued under section 78 of the 1998 Act, or(c) a notice issued under section 287A of the 1998 Act.
"fee order" means an order made by the Authority in relation to fees.
"insurer" includes the Nominal Insurer, a self-insurer and a specialised insurer.
"lead scheme agent" means the agent who is representing the Nominal Insurer on behalf of a number of scheme agents in the conduct of a claim or dispute.
"Nominal Insurer" has the same meaning as in the 1987 Act.
"resolved" --see subclauses (2) and (3).
"respondent" means a person who is a party to a dispute other than the applicant.
"scheme agent" has the same meaning as in the 1987 Act.
"self-insurer" has the same meaning as in the 1987 Act.
"specialised insurer" has the same meaning as in the 1987 Act.
"Table" means a Table in Part 2.
"teleconference" means a telephone conference conducted by the Commission.
"the 1926 Act" means the Workers' Compensation Act 1926 .
(2) Meaning of "resolved"--claimant For the purposes of this Schedule, a claim or dispute is resolved, in relation to a claimant, if--(a) the claim or dispute is wholly or partly resolved in the claimant's favour, or(b) an application brought by an insurer in relation to the claim or dispute is successfully defended in whole or in part,but does not include a matter discontinued, withdrawn, dismissed or struck out without any resolution referred to in paragraph (a) or (b) unless otherwise ordered or certified for the purposes of cost recovery by the Commission.
(3) Meaning of "resolved"--insurer For the purposes of this Schedule, a claim or dispute involving a claimant is resolved, in relation to an insurer, if--(a) the claim or dispute is concluded, or(b) an application brought by the insurer in respect of the claim or dispute is concluded,unless otherwise ordered or certified for the purposes of cost recovery by the Commission.
(4) Meaning of other compensation claim or dispute in Table 1 A reference in Table 1 to an
"other compensation claim or dispute" (or
"other compensation dispute" ) is a reference to a claim or dispute (or a dispute) concerning compensation to which the resolutions in items 5-16 of Table 2 relate.Note--: The purpose of this subclause is to make it clear that the successive use of the word "other" in Table 1 does not result in successive narrowing of the terms used.
(1) This Schedule is to be read and applied in its entirety, and accordingly this Schedule applies in relation to costs in accordance with--(a) the descriptions contained in Tables 1 to 4, and(b) the notes in Part 2, and(c) Parts 1 and 3.
(2) This Schedule prescribes the maximum costs recoverable in respect of work carried out to achieve the resolution types described in Tables 2 and 3 for--(a) resolving claims and disputes before an application is accepted by the Commission for registration, or(b) resolving disputes after an application is accepted by the Commission for registration.
(1) General resolution types The maximum amount of costs for the resolution of a claim or dispute as described in Table 2 is the amounts set out in--(a) column 1 or 2 of Table 1 for the claimant, and(b) column 3 or 4 of Table 1 for the insurer,for the applicable phase.
However--(a) that maximum amount may be decreased by an amount already received under an entitlement from Table 3 in circumstances specified in that Table, and(b) that maximum amount may be increased by an entitlement under Table 4 in circumstances specified in that Table.
(2) Special resolution types The maximum amount of costs for the resolution of a claim or dispute as described in Table 3 is the amounts set out in that Table.
(3) Additional legal services or other factors--general The maximum amount of costs for an additional legal service or other factor in respect of a resolution as described in items 1-5 of Table 4 is up to the amount or percentage of costs set out in--(a) columns 1 and 3 of items 1-4 of Table 4 for the claimant, and(b) columns 2 and 4 of items 1-4 of Table 4 for the insurer, and(c) column 1 of item 5 of Table 4 for the claimant, and(d) column 2 of item 5 of Table 4 for the insurer.Accordingly and for the avoidance of doubt--(a) an entitlement to costs under item 1, 2 or 3 of Table 4 as certified by the Commission may be added to the costs recoverable under item B, D, E or F of Table 1, and(b) an entitlement to a percentage increase in costs ascertained under item 4 or 5 of Table 4 and as certified by the Commission applies to increase the costs claimable under item D, E or F of Table 1, and(c) an entitlement to costs under item 1, 2 or 3 of Table 4 as certified by the Commission is recoverable by an insurer in respect of a resolution referred to in item B of Table 1 even though no costs may be recoverable by the insurer under that item.
(4) Additional legal services or other factors--multiple respondents or lead scheme agent The maximum costs for an additional legal service or other factor as described in items 6 and 7 of Table 4 are up to the percentage applicable for the claimant and insurer as specified.
Accordingly and for the avoidance of doubt, an entitlement to a percentage increase in costs ascertained under items 6 and 7 of Table 4 applies to increase the costs claimable under items A to F of Table 1.
(5) Table 4 costs not separately claimable Except as referred to in subclause (3)(c), costs specified in Table 4 are recoverable only if costs as described in Table 1 are also recoverable.
Costs specified in clause 4 of this Part are recoverable only on resolution of the claim or dispute concerned.
(1) An exception to the standard method of determining the appropriate Table 1 costs for a claimant and an insurer based upon the meaning of "resolved" under clause 2 of this Part and the types of resolutions set out in Table 2 applies, where--(a) a claimant has made an application to the Commission to resolve a dispute about permanent impairment and pain and suffering pursuant to sections 66 and 67 of the 1987 Act, and(b) the section 67 claim has been substantiated by--(i) a report, from a medical specialist with qualifications and training relevant to the body system being assessed who has been trained in the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, to the effect that the claimant has sustained 10% or more whole person impairment where--(A) the injury was sustained on or after 1 January 2002, and(B) that report has been served on the insurer, or(ii) a medical report to the effect that the claimant has sustained a loss or losses of 10% or more of the maximum amount referred to in section 66(1) of the 1987 Act where--(A) the injury was sustained before 1 January 2002, and(B) that report has been served on the insurer, and(c) the medical assessment certificate issued by a medical assessor or Appeal Panel is to the effect that the degree of whole person impairment of the claimant is below 10% or the loss or losses are not 10% or more of the maximum amount referred to in section 66(1) of the 1987 Act.
(2) In a case to which subclause (1) applies--(a) the claimant is entitled to maximum costs in the amount of $4,400, and(b) the insurer is entitled to maximum costs in the amount of $2,062.50.
(3) In this clause--
"Appeal Panel" means an Appeal Panel constituted under section 328 of the 1998 Act.
Note--: The deduction in respect of an advice to an insurer under item F of Table 3 applies to this costs provision.
(1) When Table 3 costs recoverable Costs specified in Table 3 as "Special Resolution Types" are recoverable only--(a) on resolution of the dispute in respect of items A, B and C of that Table, or(b) on registration of the agreement with the Commission in respect of item D of that Table, or(c) when an existing decision of the insurer has been varied as a consequence of a legal service, where it was reasonable to carry out that service in respect of item E of that Table, or(d) when written advice has been provided to the insurer in respect of item F of that Table, or(e) when independent legal advice has been given to a claimant in respect of a complying agreement proposed by an insurer in respect of item G of that Table.
(2) Reduction of subsequent Table 1 costs The costs referred to in subclause (1) are not payable or recoverable in conjunction with any other items in this Schedule (with the exception of disbursements under Part 3 or disbursements specified in clause 86) with the result that--(a) if costs have been recovered in respect of item A, B or C of Table 3 and costs subsequently become recoverable under Table 1 in respect of a resolution that relates to the same issue, the entitlement to costs under Table 1 is to be reduced by any payment already made in respect of item A, B or C of Table 3, and(b) if costs have been recovered in respect of item E of Table 3 and costs subsequently become payable under Table 1 in respect of a resolution that relates to the same issue, the entitlement to costs under Table 1 is to be reduced by any payment made in respect of item E of Table 3, and(c) if costs have been recovered in respect of item F of Table 3 and costs subsequently become payable under Table 1 in respect of a claim or dispute relating to the issue addressed in the written advice, the entitlement to costs under Table 1 is to be reduced by any payment made in respect of item F of Table 3 (but the maximum reduction is the amount paid for the first such advice), and(d) if costs have been recovered in respect of item G of Table 3 and costs subsequently become payable under Table 1 in respect of a claim or dispute relating to the issue addressed in the complying agreement, the entitlement to costs under Table 1 is to be reduced by a payment made in respect of item G of Table 3.
(3) Subclause (2)(c) does not apply where--(a) payment was for advice given on issues that are not in dispute and thus are not part of the Table 1 resolution, in which case there is to be no deduction, or(b) a period of more than 12 months has elapsed between the giving of the advice and the Table 1 resolution, or(c) the President, on application, determines that the need for the costs to be incurred for the Table 1 resolution could not have been foreseen at the time that costs for the advice were first incurred.No costs are payable or recoverable in respect of an application for the purposes of paragraph (c).
(4) Subclause (2)(d) does not apply where a period of more than 12 months has elapsed between the giving of the advice in respect of the complying agreement and the Table 1 resolution.
(1) Subject to clause 7 of this Part, where the resolution includes more than one resolution type in Table 2, or includes resolution types in Tables 2 and 3, the following provisions apply--(a) in relation to a claimant--(i) if all resolutions fall within column 1 of Table 1, the single highest amount claimable for a resolution is payable, once only, or(ii) if all resolutions fall within column 2 of Table 1, the single highest amount claimable for a resolution is payable, once only, or(iii) if resolutions fall within both columns 1 and 2 of Table 1, the single highest amount claimable for a resolution is payable, once only, or(iv) if resolutions fall within both Tables 1 and 3, the single highest amount claimable for a resolution is payable, once only,(b) in relation to an insurer--(i) if all resolutions fall within column 3 of Table 1, the single highest amount claimable for a resolution is payable, once only, or(ii) if all resolutions fall within column 4 of Table 1, the single highest amount claimable for a resolution is payable, once only, or(iii) if resolutions fall within both columns 3 and 4 of Table 1, the single highest amount claimable for a resolution is payable, once only, or(iv) if resolutions fall within both Tables 1 and 3, the single highest amount claimable for a resolution is payable, once only.
(2) Where subclause (1) applies and additional legal services or other factors set out in Table 4 are also claimable, the Table 4 items are payable up to the highest rate claimable, once only.
(1) If more than one claim or dispute is resolved in respect of a particular injury, the maximum costs recoverable, regardless of how many resolution types there are, is the maximum as set out in clause 8 of this Part.
(2) Subclause (1) does not apply if--(a) a period of more than 12 months has elapsed between each successive resolution in respect of the injury, or(b) the President, on application, orders that the resolutions are to be treated as separate resolutions for the purposes of the calculation or assessment of costs.No costs are payable or recoverable in respect of an application for the purposes of paragraph (b).
The costs allowed under--
(a) Table 1 in column 1, 2, 3 or 4 for each type of general resolution, and
(b) Table 3 for each type of special resolution, and
(c) Table 4 for additional legal services or other factors,cover all work performed in the course of the claim, dispute, legal service or factor. This includes but is not limited to conferences, seeking a review of the claim, completing all necessary preparation and documentation, appearances and advocacy, executing and lodging settlement documents, reviewing the determination of the Commission and concluding attendances.
If Table 3 or 4 or Part 3 sets an upper limit for the maximum payable by way of any costs, the maximum payable is to be an amount determined, within the range from and including nil to and including the upper limit, by reference to--
(a) any applicable procedural direction of the President or the Commission rules, and
(b) subject to paragraph (a), the nature and extent of the service performed.
Where the Commission issues a determination in respect of a resolution type in Table 2, following the initial teleconference and before any further attendances, the costs in relation to that resolution fall within item D of Table 1.
For the purposes of Table 3, the Commission may make an order declaring that a particular proceeding is in respect of the resolution of "other proceedings" as referred to in item C of that Table.
(1) Costs are not recoverable under item A of Table 1 in respect of independent legal advice given to a claimant in respect of a complying agreement proposed by an insurer, if the only service provided to the claimant relates to the giving of that advice.
(2) Costs are not recoverable under item G of Table 3 in respect of independent legal advice given to a claimant in respect of a complying agreement proposed by an insurer, unless the only service provided to the claimant relates to the giving of that advice.
Note--: Section 66A(6) of the 1987 Act provides that nothing in section 66A prevents a complying agreement from containing provision as to the payment of costs. Accordingly, a complying agreement may provide for the payment of costs, but the maximum recoverable is subject to Part 2.
Country or interstate loadings (including travel and accommodation expenses) are payable in accordance with clause 3 or 4 (as relevant) of Schedule 1 to the Motor Accidents Compensation Regulation 2015 , and the provisions of those clauses apply, with any necessary modifications and with any modifications contained in a procedural direction of the President or the Commission rules, for that purpose.
(1) No amount is recoverable for costs by an agent who is not an agent as defined in section 356(6) of the 1998 Act, with the result that the agent is not entitled to be paid or recover any amount for the service or matter concerned.
(2) Nothing in this clause prevents an agent who is a law practice from being entitled to be paid or recover any costs.
Nothing in this Regulation (including this Schedule) prevents the recovery, as a disbursement, of the fee or charge set for any of the following reports, certificates, searches or services by the agency concerned in a claim in respect of a particular injury--
(a) a report from a coroner, the NSW Police Force or Transport for NSW relevant to the claim,
(b) a land title search from Land and Property Information NSW relevant to the claim,
(c) a certificate from the Registry of Births, Deaths and Marriages relevant to the claim,
(d) an application under the Government Information (Public Access) Act 2009 relevant to the claim,
(e) a company or business name search from the Australian Securities and Investments Commission relevant to the claim.
| Item | General resolution (for general resolution types refer to Table 2) | Claimant | Insurer | |||
| Column 1 75% | Column 2 100% | Column 3 75% | Column 4 100% | |||
| A | Lump sum compensation claim or dispute resolved• before application accepted by the President(Table 2--items 1-4--Claimant: item 2 only--Insurer) | $3,130.90 | $4,142.90 | $1,992.40 | N/A | |
| B | Lump sum compensation claim or dispute resolved• after application accepted by the President and up to and including the issue of a Certificate of Determination(Table 2--items 1-4--Claimant: item 2 only--Insurer) | $4,459.15 | $5,913.90 (or $5,060.00 where clause 6 of Part 1 applies) | $3,225.75 (or $2,371.90 where clause 6 of Part 1 applies) | N/A | |
| C | Other compensation claim or dispute resolved• after decision notice issued and before application accepted by the President, or• before application accepted by the President for a claim for compensation in relation to the death of a worker(Table 2--items 5-16) | $3,617.90 | $4,788.05 | $2,966.45 | $3,921.50 | |
| D | Other compensation dispute resolved• after application accepted by the President, and up to and including the initial teleconference including consequential settlement attendances(Table 2--items 5-16) | $4,895.55 | $6,495.80 | $4,244.10 | $5,629.25 | |
| E | Other compensation dispute resolved• after initial teleconference and up to and including conciliation conference including consequential settlement attendances(Table 2--items 5-16) | $5,376.25 | $7,140.95 | $4,636.25 | $6,147.90 | |
| F | Other compensation dispute resolved• following conciliation conference and up to and including arbitration hearing(Table 2--items 5-16) | $5,838.00 | $7,748.15 | $4,977.80 | $6,609.65 |
| Item | General resolution types | Column 1 75% | Column 2 100% | |
| Lump sum compensation resolutions | ||||
| 1 | Lump sum compensation for permanent impairment under section 66 of the 1987 Act (excluding any claim for pain and suffering under section 67 of that Act) where--• the extent of impairment is the only issue, or• a decision notice has not been issued(Claimant only--item A or B of Table 1) | 75% | -- | |
| 2 | Lump sum compensation for pain and suffering under section 67 of the 1987
Act (Item A or B of Table 1) | 75% | -- | |
| 3 | Lump sum compensation under section 16 of the 1926 Act where--• the extent of impairment (or loss) is the only issue, or• a decision notice has not been issued(Claimant only--item A or B of Table 1) | 75% | -- | |
| 4 | Lump sum compensation for permanent impairment under section 66 of the 1987 Act and for pain and suffering under section 67 of that Act where--• the extent of impairment and pain and suffering are the only issues, or• a decision notice has not been issued(Claimant only--item A or B of Table 1) | -- | 100% | |
| Other compensation resolutions | ||||
| 5 | Lump sum compensation for permanent impairment where--• a decision notice has been issued, or• the matter is referred to the Commission for determination(Item C, D, E or F of Table 1) | -- | 100% | |
| 6 | Weekly payments compensation for a period not exceeding 12 weeks in total,
excluding interim payment directions under Chapter 7, Part 5, of the 1998 Act (Item C, D, E or F of Table 1) | 75% | -- | |
| 7 | Weekly payments compensation for a period exceeding 12 weeks in total, being
a period in respect of which an interim payment direction under Chapter 7,
Part 5, of the 1998 Act has not been made (Item C, D, E or F of Table 1) | -- | 100% | |
| 8 | Termination or reduction of weekly payments compensation (on a review under
section 55 of the 1987 Act) (Insurer only--item C, D, E or F of Table 1) | -- | 100% | |
| 9 | Successfully defending an application to terminate or reduce weekly payments
compensation (Claimant only--item C, D, E or F of Table 1) | -- | 100% | |
| 10 | Increase in weekly payments compensation (on a review under section 55 of
the 1987 Act) (Claimant only--item C, D, E or F of Table 1) | -- | 100% | |
| 11 | Defending an application to increase weekly payments compensation (on a
review under section 55 of the 1987 Act) (Insurer only--item C, D, E or F of Table 1) | -- | 100% | |
| 12 | Medical expenses compensation not exceeding $7,500.00, excluding interim
payment directions under Chapter 7, Part 5, of the 1998 Act (Item C, D, E or F of Table 1) | 75% | -- | |
| 13 | Medical expenses compensation exceeding $7,500.00 (Item C, D, E or F of Table 1) | -- | 100% | |
| 14 | Compensation in respect of the death of a worker under Part 3, Division 1, of the 1987 Act where--• the respondent admits liability, and• there is no dispute regarding dependency(Item C of Table 1) | 75% | -- | |
| 15 | Compensation in respect of the death of a worker under Part 3, Division 1, of the 1987 Act where--• the respondent disputes liability, and/or• the respondent disputes dependency(Item C, D, E or F of Table 1) | -- | 100% | |
| 16 | Reduction in liability of employer to reimburse the Insurance Fund under
section 145 of the 1987 Act by determination of the Commission or agreement
after referral (Item D, E or F of Table 1) | 75% | -- |
| Item | Special resolution types | Application on behalf of claimant | Application on behalf of insurer | ||||
| Column 1 Claimant | Column 2 Insurer | Column 3 Claimant | Column 4 Insurer | ||||
| A | Interim payment dispute resolved | ||||||
| 1 | Dispute resolved by direction or agreement, after application accepted by the President | $2,087.25 | $1,771.00 | N/A | N/A | ||
| 2 | If further dispute about the same claim is resolved by direction or agreement, after application accepted by the President | $695.75 | $695.75 | N/A | N/A | ||
| B | Workplace injury management dispute resolved | ||||||
| 1 | Dispute resolved by direction, recommendation, determination or agreement, after application accepted by the President | $2,435.15 | $2,118.90 | $2,435.15 | $2,118.90 | ||
| 2 | If further dispute about the same claim is resolved by direction, recommendation, determination or agreement, after application accepted by the President | $695.75 | $695.75 | $695.75 | $695.75 | ||
| C | Resolution of other proceedings | ||||||
| 1 | As ordered or certified by the Commission or the President | Upper limit of $1,391.50 | Upper limit of $1,391.50 | Upper limit of $1,391.50 | Upper limit of $1,391.50 | ||
| D | Registration of commutation agreement | ||||||
| 1 | Where agreement approved by the Authority and registered with the President (including all preparation and documentation in approved form in accordance with Rules) | $1,897.50 | $1,897.50 | $1,897.50 | $1,897.50 |
| Item | Special resolution types | Claimant | ||
| E | Legal service to claimant before decision notice | |||
| 1 | Where an insurer's decision on the existing entitlement to weekly payments is varied to the worker's benefit by an increase of 5% or more in weekly payments as a consequence of a legal service, where it was reasonable to carry out that service | Upper limit of $1,391.50 |
| Item | Special resolution types | Insurer | ||
| F | Written advice provided at the request of the insurer | |||
| 1 | Where--• the legal advice to an insurer is the provision of written advice at the request of the insurer before the issue of a decision notice, and• costs are not recoverable under Table 1 in relation to the claim or dispute the subject of that advice(Subject to clause 7 of Part 1) | Upper limit of $1,043.65 | ||
| G | Advice in relation to complying agreement | |||
| 1 | Where independent legal advice given to a claimant in relation to a
complying agreement proposed by an insurer under section 66A of the 1987 Act (Subject to clause 7 of Part 1) | $1,043.65 |
| Item | Additional legal services or other factors | Application on behalf of claimant | Application on behalf of insurer | |||
| Column 1 Claimant | Column 2 Insurer | Column 3 Claimant | Column 4 Insurer | |||
| 1 | Appeal against an arbitral decision to Presidential member | |||||
| Appeal resolved by decision of Presidential member | (a) Nil if unsuccessful | Upper limit of $2,783.00 | Upper limit of $2,783.00 | (a) Nil if unsuccessful | ||
| Costs to be as ordered or certified by the Presidential member and may encompass all parties' costs | (b) Upper limit of $2,783.00 if successful | (b) Upper limit of $2,783.00 if successful | ||||
| 2 | Question of law determined by the President | |||||
| Matter resolved by the decision of the President | Upper limit of $2,783.00 | Upper limit of $2,783.00 | Upper limit of $2,783.00 | Upper limit of $2,783.00 | ||
| Costs to be as ordered or certified by the President and may encompass all parties' costs | ||||||
| 3 | Appeal against a medical assessment under Chapter 7, Part 7, of the 1998 Act | |||||
| Appeal resolved by the decision of Appeal Panel | (a) Nil if result is not more favourable | Upper limit of $1,391.50 | Upper limit of $1,391.50 | (a) Nil if result is not more favourable | ||
| Costs to be as ordered or certified by the Commission and may encompass all parties' costs | (b) Upper limit of $1,391.50 if result is more favourable | (b) Upper limit of $1,391.50 if result is more favourable | ||||
| 4 | Dispute determined or otherwise resolved after proceedings have been commenced in the Commission | |||||
| If--• the Commission certifies the matter as complex, and• neither item 6 nor 7 of this Table also applies | Percentage increase--upper limit of 30% of costs at item D, E or F of Table 1 | Percentage increase--upper limit of 30% of costs at item D, E or F of Table 1 | Percentage increase--upper limit of 30% of costs at item D, E or F of Table 1 | Percentage increase--upper limit of 30% of costs at item D, E or F of Table 1 |
| Item | Additional legal services or other factors | Column 1 Claimant | Column 2 Insurer | |
| 5 | Dispute determined or otherwise resolved after proceedings have been commenced in the Commission | |||
| If--• the Commission certifies the matter as complex, and• item 6 or 7 of this Table would otherwise have application | Percentage increase--upper limit of 45% of costs at item D, E or F of Table 1 | Percentage increase--upper limit of 45% of costs at item D, E or F of Table 1 |
| Item | Additional legal services or other factors | Claimant | |
| 6 | Costs associated with multiple respondents | ||
If the claim or dispute is resolved by an award or settlement apportioned
between more than one respondent Note--: This allowance does not apply to a resolution that has an increase in fees under item 4 or 5 of this Table. | Percentage increase--upper limit of 30% of costs payable under Table 1 and
items 1, 2 and 3 of this Table Note--: The increase does not apply for each additional respondent. Accordingly, 30% is the maximum allowable increase notwithstanding the number of respondents. |
| Item | Additional legal services or other factors | Insurer | |
| 7 | Costs associated with acting for lead scheme agent | ||
If the claim or dispute is resolved by a scheme agent on behalf of multiple
scheme agents Note--: This allowance does not apply to a resolution that has an increase in fees under item 4 or 5 of this Table. | (a) Lead scheme agent:
percentage increase--upper limit of 30% of costs payable under Table 1 and
items 1, 2 and 3 of this Table(b) Other agents: no costs recoverable Note--: The increase referred to in paragraph (a) does not apply for each additional scheme agent, and accordingly 30% is the maximum allowable increase notwithstanding the number of scheme agents who are parties to the resolution. |
| Item | Disbursement | Applicable provisions | |
| 1 | Country/interstate loadings (including travel and accommodation expenses) | Payable in accordance with the Motor Accidents Compensation Regulation 2015 ,
Schedule 1, clause 3 or 4 (as relevant) Note--: Clause 15 of Part A applies for this purpose. | |
| 2 | Conduct money to comply with notice for the production of documents | Where
the producer is a party other than the worker--nil payable Where the producer is the worker--an amount sufficient to meet the reasonable expenses of complying with the notice is payable | |
| 3 | Conduct money to comply with direction for the production of documents | An
amount sufficient to meet the reasonable expenses of complying with the
direction is payable In the case of medical practitioners, the term "sufficient to meet the reasonable expenses" is an amount calculated in accordance with the AMA Resource-Based Relative Value Scale as in force from time to time In the case of production by a government agency--the standard rate applied by that agency is payable | |
| 4 | Treating health service provider's report | If a claim or dispute is resolved
whether before or after proceedings commenced-- Claimant--(a) nil fee payable, unless paragraph (b) applies, or(b) fee allowed in accordance with any applicable fee order where--(i) request for report made to insurer, and(ii) either--• insurer does not provide report within 14 days, or• report supplied by insurer does not address the report requirements of the claimant, and(iii) report is served on insurerInsurer: fee allowed in accordance with any applicable fee order | |
| 5 | Report of independent medical examination by an appropriately qualified and
experienced medical practitioner in accordance with NSW Workers Compensation
Guidelines for the Evaluation of Permanent Impairment Fee allowed in accordance with any applicable fee order where paragraph (a) or (b) opposite applies Note--: A supplementary report that complies with clause 45 gives rise to a further entitlement to costs under this item, if the supplementary report otherwise satisfies the provisions of this item. | (a) If a claim or dispute is resolved before proceedings are commenced--a report of the kind referred to in clause 44 has been served on the other party(b) If a dispute is resolved after proceedings are commenced--a report of the kind referred to in clause 44 has been admitted in the proceedings or disclosed to a medical assessor | |
| 6 | Treating health service provider's clinical notes and records | If a claim or
dispute is resolved whether before or after proceedings commenced-- Claimant--(a) nil fee payable, unless paragraph (b) applies, or(b) payment in accordance with AMA Resource-Based Relative Value Scale as in force from time to time or any applicable fee order (the latter to prevail over the former) where--(i) request made to insurer, and(ii) insurer does not provide within 7 days, and(iii) clinical notes and records are served on insurerInsurer--(a) nil fee payable if clinical notes and records are served by claimant under paragraph (b) above, or(b) otherwise, payment in accordance with AMA Resource-Based Relative Value Scale as in force from time to time or any applicable fee order (the latter to prevail over the former) | |
| 7 | Fee for the provision of independent financial advice by a qualified financial adviser for a commutation by agreement that is approved by the Authority and registered with the Commission | Upper limit of $1,150.00, on the production of account or receipt |