New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
- Made under the Workers Compensation Act 1987
- As at 1 September 2016
- Reg 37 of 2011
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
PART 3 - CURRENT WEEKLY WAGE RATE
6. Interpretation
7. Sec 42 (1) (c), (5) (b) of the 1987 Act: prescribed classes of workers by order
8. Sec 42 (1) (c), (5) (b) of the 1987 Act: prescribed classes of workers etc--shearers
9. Sec 42 (1) (c), (5) (b) of the 1987 Act: prescribed classes of workers etc--certain meat industry workers
10. Sec 42 (1) (d) of the 1987 Act: prescribed rate
10A. Prescribed number of hours--calculation of PIAWE
10B. Minimum amount of PIAWE
PART 4 - INDEXATION OF AMOUNTS OF BENEFITS
11. Meaning of "latest index number"
PART 5 - WEEKLY COMPENSATION
12. Notice of requirement to obtain suitable employment from other person
13. Computation of average weekly earnings
PART 5A - RETURN TO WORK ASSISTANCE
14. Liability to pay compensation for work assistance
14A. Liability to pay compensation for education or training
PART 6 - RETURN-TO-WORK PROGRAMS
15. Time within which program to be established
16. Offence--failure to establish program
17. Standard return-to-work programs for category 2 employers
18. Program to comply with return-to-work guidelines etc
19. Return-to-work guidelines for programs--directions
20. Nomination in programs of approved providers of workplace rehabilitation services
21. Offence--failure to display or notify program
22. Notification etc of program by category 2 employer
23. Category 1 employers must have return-to-work co-ordinator
24. Functions of return-to-work co-ordinators
25. Shared return-to-work programs
26. Exemptions
PART 7 - APPROVAL OF WORKPLACE REHABILITATION PROVIDERS
27. Application for certificate of approval
28. Determination of application
29. Form of certificate of approval
30. Holder of certificate to comply with conditions
31. Amendment of certificate
32. Notice of refusal
33. Duration of certificates
34. Surrender of certificates
35. Duplicate certificates
36. Register of certificates
37. False or misleading statements
38. Cancellation or suspension of certificate
39. False claim of approval
PART 8 - NOTICES AND CLAIMS PROCEDURE
40. Notification of workplace injury
41. Employer must give early notification of workplace injury
42. Notice of injury involving loss of hearing
43. Notice of dispute about liability
44. Form of notice to be posted up at workplace
45. Form of register of injuries to be kept at workplace
46. Access to certain medical reports and other reports obtained by insurer: sections 73 and 126 of 1998 Act
47. Interim payment direction not presumed to be warranted: sec 297 of 1998 Act
PART 9 - RESTRICTIONS ON OBTAINING MEDICAL REPORTS
48. Definitions
49. Restrictions on number of medical reports that can be admitted
50. Supplementary reports admissible
51. Restriction on disclosure of forensic medical reports to approved medical specialists
52. Restrictions on recovery of cost of medical reports
53. Medical treatment not affected
54. Reports of medical panels and referees not affected
PART 10 - INSURANCE POLICIES
55. Administration fees and late payment fees for exempt employers
56. Provisions of policies of insurance
57. Excess recoverable from employer: section 160
58. Information to be provided for certificate of currency
59. Certificate of currency--period of insurance
60. Liability for subcontractor premiums--exemption for farming operations
61. Employers excluded from grouping provisions: section 175D of the 1987 Act
PART 11 - MODIFICATION OF PROVISIONS APPLYING TO SELF-INSURERS
62. Interpretation
63. References to "insurer"
64. Modification of exceptions for self-insurers
65. Preparation of injury management plan
66. Self-insurer's licence
PART 12 - WORKERS COMPENSATION OPERATIONAL FUND
67. Definitions
68. Definition of "premium income" for purposes of insurers' contributions
69. Definition of "deemed premium income" for purposes of self-insurers' contributions
70. (Repealed)
PART 13 - DEEMED EMPLOYMENT
71. Ministers of religion
PART 14 - INSURERS' GUARANTEE FUND
72. Definitions
73. Financial years for contributions to Insurers' Guarantee Fund
74. Time etc for payment of insurer's contribution
75. Further contributions payable by insurers
76. Determination of contributions and further contributions
PART 15 - PENALTY NOTICE OFFENCES
77. Penalty notice offences
PART 16 - MARKETING OF WORK INJURY AGENT SERVICES
Division 1 - Preliminary
Note
78. Definitions
Division 2 - Advertising by agents
79. Restrictions on advertising work injury services
80. (Repealed)
81. Exception for advertising specialty
82. Other exceptions
83. Responsibility for employees and others
84. Responsibility for advertisements published by others
85. (Repealed)
Division 3 - Advertising by persons other than agents
86. Application of Division
87. Definition of "work injury advertisement"
88. Restrictions on work injury advertisements
89. (Repealed)
90. Exception for advertising specialty
91. Other exceptions
92. Protection of publishers
93. (Repealed)
PART 17 - COSTS
Division 1 - Preliminary
94. Definitions
95. Sec 332 of 1998 Act: definition of "costs"
96. Costs not regulated by this Part
Division 2 - Costs recoverable in compensation matters
Subdivision 1 - Preliminary
97. Application of Division
Subdivision 2 - Maximum costs recoverable by legal practitioners and agents in compensation matters
98. Maximum costs recoverable
99. Maximum costs involving medical or related treatment or certain fees for health service providers
100. Costs not recoverable in certain circumstances (workers compensation matters)
Division 3 - Costs recoverable in work injury damages matters
Subdivision 1 - Maximum costs recoverable by legal practitioners in work injury damages matters
101. Application of Division
102. Fixing of maximum costs recoverable by legal practitioners
103. Contracting out--practitioner/client costs
Subdivision 2 - Restriction on awarding of costs
Note
104. Costs where claimant no less successful than claimant's final offer
105. Costs where claimant less successful than insurer's final offer or insurer found not liable
106. Costs in other cases
107. Deemed offer where insurer denies liability and no mediation occurs or mediation fails
108. Subdivision does not apply to ancillary proceedings
109. Multiple parties
Division 4 - Assessment of costs
Subdivision 1 - Preliminary
110. Definitions
111. Application by client for assessment of practitioner/client or agent/client costs
112. Application by instructing practitioner or agent for assessment of practitioner/client or agent/client costs
113. Application by billing practitioner or agent for assessment of practitioner/client or agent/client costs
114. Application for assessment of party/party costs--compensation matters
115. Application for assessment of party/party costs--work injury damages matters
116. How is an application to be made?
117. Persons to be notified of application
118. Registrar may require documents or further particulars
119. Consideration of applications
120. 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 practitioner or agent and client
121. Assessment of bills generally
122. Additional matters to be considered in assessing bills of costs
123. Costs agreements not subject to assessment
124. Unjust costs agreements
125. Interest on amount outstanding
Subdivision 3 - Assessment of party/party costs
126. Assessment of costs--costs ordered by court or Commission or subject of agreement
127. Additional matters to be considered by Registrar in assessing costs ordered by court or Commission
128. Effect of costs agreements in assessments of party/party costs
129. Court or Commission may specify amount etc
Subdivision 4 - Enforcement of assessment
130. Certificate as to determination
131. Reasons for determination
132. Recovery of costs of costs assessment
133. Correction of error in determination
134. Determination to be final
Subdivision 5 - Appeals
135. Appeal against decision of Registrar as to matter of law
136. Effect of appeal on application
Subdivision 6 - Miscellaneous
137. Liability of legal practitioner or agent for costs in certain cases
138. Referral of misconduct to Legal Services Commissioner
Division 5 - Goods and services tax
139. GST may be added to costs
Division 6 - Miscellaneous
140. Modifications to Legal Profession Act 2004 relating to assessment of costs
141. Special provision for matters involving coal miners
142. Bill of costs to be in approved form
143. Costs orders in respect of certain matters
PART 18 - INSURANCE PREMIUMS
Division 1 - Preliminary
143A. Application of Part
144. Definitions
145. Meaning of "injury year"
146. Non wages-based calculation of premium
Division 2 - Declaration of wages
147. Employer to supply insurer with return relating to wages--standard policies
148. Employer to supply insurer with return relating to wages--retro-paid loss premium policies
149. Experience premium return
150. Offence by employer
Division 3 - Input tax credit entitlements
151. Employer to give insurer notice of input tax credit entitlement
Division 4 - Certification of cost of claims
152. Definitions
153. Prevention of double allowance for provisional compensation payments
154. Cost of an individual claim
155. Cost of provisional payments of compensation
156. Certificates relating to cost of claims
157. Effect of certificate
158. Certificates by scheme agents relating to cost of claims-- retro-paid loss premium policy
159. Employers who were previously self-insurers
Division 5 - Demand for premium
160. Notice of premium calculation
Divisions 6, 7 - (Repealed)
None
Division 8 - Payment of premiums by instalments
Subdivision 1 - Preliminary
166. Application of Division
167. Definition
Subdivision 2 - Payment in four instalments
168. Policies under which premiums may be paid in four instalments
169. Number, size and times for payment of instalments
Subdivision 3 - Payment in twelve instalments
170. Policies under which premiums may be paid in twelve instalments
171. Number, size and times for payment of instalments
Subdivision 4 - Payment in four instalments--retro-paid loss premium policies
172. Policies under which premiums may be paid in four instalments
173. Number, size and times for payment of instalments
Subdivision 5 - Payment in twelve instalments--retro-paid loss premium policies
174. Policies under which premiums may be paid in twelve instalments
175. Number, size and times for payment of instalments
Division 9 - Miscellaneous
176. Transitional--operation of amendments
177. Rebate of premium where fraud or mistake involved in claims
PART 19 - MISCELLANEOUS
178. Disclosure of information for complaint about health practitioners: sec 243 (2) (d) of the 1998 Act
178A. Disclosure of information to Long Service Corporation: sec 243 (2) (d) of the 1998 Act
179. Additional records to be kept by employers
180. Uninsured liabilities--modification of provisions of the 1987 Act
181. (Repealed)
182. Costs of medical assessment: sec 330 of 1998 Act
183. Arrangement of business before Commission: sec 349 of 1998 Act
184. Proceedings to enter up award on agreement for compensation: sec 66B of 1987 Act
184A. Powers of entry by inspectors
184B. Power to obtain information, documents and evidence
PART 20 - SAVINGS AND TRANSITIONAL PROVISIONS
185. Repeal of Workers Compensation Regulation 2003
186. Saving
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8