Northern Territory Consolidated Acts

RETURN TO WORK ACT 1986

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Objects of Act  
   3.      Interpretation  
   3A.     Injury  
   3B.     Meaning of worker  
   4.      Out of or in course of employment  
   4A.     Labour hire arrangement  
   4B.     Provider of labour hire services  
   5.      Act to bind Crown  

   PART 2--ADMINISTRATION

           Division 1--Authority

   6.      Authority's functions and powers under this Act  
   7.      Powers of Authority to obtain information  

           Division 2--Inspectors

              Subdivision 1--Appointment

   7A.     Appointment of inspectors  
   7B.     Identity cards  
   7C.     Suspension and ending of appointment of inspector  

              Subdivision 2--Functions and powers

   7D.     Functions of inspector  
   7E.     Inspector subject to Authority's directions  
   7F.     Exercise of powers  
   7G.     Power to require information  
   7H.     Power of entry  
   7J.     General powers of inspector  
   7K.     Entry of place – search warrant  

              Subdivision 2A--Prohibition notices

   7KA.    Power to issue prohibition notice  
   7KB.    Contents of prohibition notice  
   7KC.    When employer obtains policy  
   7KD.    Compliance with prohibition notice  
   7KE.    Continuing offence  

              Subdivision 3--Offences in relation to inspectors

   7L.     Obstruction of inspector  
   7M.     Misleading information  

   PART 3--WORKERS REHABILITATION AND COMPENSATION ADVISORY COUNCIL

   8.      Workers Rehabilitation and Compensation Advisory Council  
   9.      Functions of the Council  
   10.     Membership of Council  
   11.     Terms and conditions of appointment  
   12.     Chair and Deputy Chair  
   13.     Meetings of Council  
   14.     Council subcommittees  
   15.     Annual report of Council  

   PART 5--WORKERS COMPENSATION AND REHABILITATION

           Division 1--Preliminary matters

   49.     Interpretation for Part 5  
   49A.    Calculation of worker's normal weekly earnings  
   50.     Accredited vocational rehabilitation providers  
   50AA.   Accredited vocational rehabilitation providers in other jurisdictions  

           Division 2--General

   50A.    Eligibility of firefighter for compensation for prescribed disease  
   51.     Application to sailors  
   52.     Abolition of certain rights to bring action  
   53.     Compensation in respect of injuries  
   53AA.   Worker's employment connected with a State  
   53AB.   Determination of jurisdiction with which worker's employment is connected  
   53AC.   Recognition of previous determination  
   53A.    Compensation in respect of contact with bodily fluids  
   54.     Entitlement to compensation under other laws  
   55.     Liability in relation to disease  
   56.     Payment of salary or wages for day of injury  
   57.     Compensation not payable in certain circumstances  
   58.     Compensation payable in respect of heart attack or stroke  
   60.     Exclusion of entitlement in respect of certain travel accidents  
   61.     Settling of journey claims  

           Division 3--Amount of compensation

              Subdivision AA--Limit on benefits

   61A.    Maximum benefits  
   61B.    Notice of change of entitlement to compensation  

              Subdivision A--Death benefits

   62.     Lump-sum compensation in respect of death  
   63.     Prescribed children's benefits  

              Subdivision B--Total incapacity and loss of earning capacity

   64.     Compensation during first 26 weeks of incapacity  
   65.     Long-term incapacity  
   65A.    Compensation not payable to prisoner  
   65B.    Entitlement to compensation of worker residing outside Australia  
   65C.    Employer not to dismiss worker  
   66.     Special rule for calculation of compensation for volunteers  
   68.     Assessment of most profitable employment  
   69.     Cancellation or reduction of compensation  

              Subdivision C--Compensation for permanent impairment

   70.     Definition  
   71.     Compensation for permanent impairment  
   72.     Assessment of permanent impairment  
   72A.    Enforcement of entitlement to compensation  

              Subdivision D--Compensation for medical, surgical and rehabilitation treatment, etc.

   73.     Compensation for medical, surgical and rehabilitation treatment, family counselling and other costs  

              Subdivision E--Recovery of overpayments

   74.     Recovery from worker  

           Division 4--Rehabilitation and other compensation

   74A.    Definition  
   75.     Purpose of Division  
   75A.    Employer to assist injured worker to find suitable employment  
   75B.    Worker to undertake reasonable treatment and training, or assessment  
   76.     Rehabilitation training and workplace modification  
   77.     Additional travel costs  
   78.     Other rehabilitation  

           Division 4A--Settlement by agreement of entitlement to compensation

   78A.    Settlement by agreement  
   78B.    Lump sum agreement for particular period  

           Division 5--Claim procedures and determination

   80.     Notice of injury and claim for compensation  
   81.     Form of notice of injury  
   82.     Form of claim  
   83.     Service of claim  
   84.     Employer to forward incident report and claim  
   85.     Decision as to eligibility for compensation  
   85A.    Worker may request information about weekly earnings  
   86.     Application to alter level of weekly payments  
   87.     Failure to decide within specified time  
   88.     Weekly payments  
   89.     Late payment of weekly payments  
   90.     Return to work  
   90A.    Employer may request information about earnings  
   90B.    Initial medical opinion  
   91.     Medical examinations  
   91A.    Worker to provide statement of fitness for work  

   PART 6--MISLEADING INFORMATION AND STATEMENTS

   92.     Misleading information  

   PART 6A--DISPUTE RESOLUTION

           Division 1--Mediation

   103A.   Definitions  
   103B.   Disputes  
   103BA.  Internal dispute resolution process  
   103C.   Mediators  
   103D.   Application for and conduct of mediation  
   103E.   Recommendations by mediator  
   103F.   Parties, representation and attendance  
   103FA.  Legal representation or legal advice  
   103G.   Parties to pay own costs  
   103H.   Offences  
   103J.   Pre-condition to court proceedings  
   103K.   Mediation proceedings privileged  

           Division 2--Claims for compensation

   104.    Applications  
   105.    Court list  
   106.    Directions conference  
   107.    Interim determination  
   109.    Unreasonable delay in settlement of compensation  
   110.    Costs  
   110A.   Procedure  
   110B.   Client legal privilege and section 12(2) of Evidence Act 1939 not to apply  

           Division 3--Appeals to and review by Court

   111.    Application to Court  
   112.    Appeals and disputes  
   113.    Review of determination of Authority  
   114.    Enforcement of decision  

           Division 4--Appeals from registrars

   114A.   Appeal to Court constituted by Local Court Judge  

           Division 5--Reservations of points of law and appeals to Supreme Court

   115.    Points of law may be reserved for consideration of Supreme Court  
   116.    Appeals  

   PART 7--INSURANCE

           Division 1--Preliminary matters

   117.    Definitions  
   118.    Application of Part  

           Division 2--Approved insurers and self-insurers

   119.    Application for approval as approved insurer  
   120.    Application for approval to self-insure  
   120A.   Variation of conditions  
   121.    Period and renewal of approval  
   121A.   Contribution towards administration costs  
   122.    Additional information to be supplied  
   123.    Notice of refusal  
   124.    Revocation or suspension of approval  
   124A.   Civil penalties  
   125.    Offence by insurers  

           Division 3--Workers compensation insurance

   126.    Definition  
   126AA.  Employer must have adequate insurance  
   126AB.  Approved insurer must issue or renew policy  
   126A.   Liability as between approved insurers  
   127.    Subcontracting  
   128.    Joint policies  
   129.    Principal controlled sites  
   130.    Statement of payments to workers to be supplied to insurer  
   131.    Payment of premiums  
   132.    Recovery of compensation from insurer  
   133.    Payments by approved insurer  
   134.    Effects of payment by approved insurer  
   135.    Act of employer not defence of approved insurer  
   136.    Recovery by approved insurer from employer  
   137.    Default of approved insurer  
   138.    Policies deemed to be cancelled in certain cases  
   138A.   Expiration of policy  
   139.    Inspection of policies  

           Division 4--Scheme Monitoring Committee and premium rates

   140.    Definitions  
   141.    Scheme Monitoring Committee  
   142.    Period of appointment  
   143.    Resignation of members  
   144.    Dismissal of members  
   145.    Functions and powers of Committee  
   146.    Authority to provide information to Committee  
   147.    Obtaining of information by Committee  
   148.    Meetings of Committee  

           Division 5--Nominal Insurer

   149.    Definitions  
   150.    Establishment and purpose of Nominal Insurer  
   151.    Composition of Nominal Insurer  
   152.    Alternate member  
   153.    Period of appointment  
   154.    Chairperson  
   155.    Resignation  
   156.    Dismissal of members  
   157.    Powers and functions  
   158.    Disclosure of interest  
   159.    Delegation  
   160.    Meetings of Nominal Insurer  
   161.    Validity of acts or decisions of Nominal Insurer  

           Division 6--Nominal Insurer's Fund

   162.    Nominal Insurer's Fund  
   163.    Payments out of Fund  
   164.    Annual estimates, determinations etc.  
   164A.   Contributions by approved insurers and self-insurers  
   164B.   Contributions by employers  
   165.    Refund of moneys recovered or otherwise received by Nominal Insurer  
   166.    Temporary advances to Fund  

           Division 7--Claims by and against Nominal Insurer

   167.    Claims for payment against Nominal Insurer when employer dead, wound up, etc.  
   170.    Effect of service of claim on Nominal Insurer  
   171.    Notice of claim to be given to employer  
   172.    Conduct of claim by Nominal Insurer  
   173.    Persons excluded from making claim  

           Division 8--General

   175.    Worker's right to information  
   176.    Remedies against employer and a stranger  
   177.    Fines etc. to be paid into Fund  

   PART 8--MISCELLANEOUS

           Division 1--Legal proceedings

   178.    General penalties  
   179.    Time limit etc. for complaint  
   180.    Offences by bodies corporate  
   181.    Protection from liability  
   182.    Time for taking proceedings  

           Division 2--General

   183.    Use of interpreters  
   184.    Survival of claims  
   185.    Provisions applicable on death of beneficiary  
   186.    Compensation not assignable  
   186A.   Contracting out  
   186B.   Confidential information  
   187.    Regulations  
   187A.    Codes of practice  
   187B.   Use of codes of practice in proceedings  

   PART 9--REPEAL, SAVINGS AND TRANSITIONAL MATTERS FOR WORK HEALTH ACT 1986

   188.    Repeal  
   189.    Claim etc. before or after commencement of Act  
   190.    Nominal Insurer continues for certain purposes  
   191.    Continuation etc. of existing policies  
   192.    Continuation of self-insurance  
   193.    Transitional  

   PART 10--TRANSITIONAL MATTERS FOR WORK HEALTH AMENDMENT ACT 2004

   194.    Definition  
   195.    Calculation of normal weekly earnings  
   196.    Limitation of time for application for mediation  

   PART 11--TRANSITIONAL MATTERS FOR WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) IMPLEMENTATION ACT 2011

   197.    Continuation of Council  

   PART 12--TRANSITIONAL MATTERS FOR WORKERS REHABILITATION AND COMPENSATION LEGISLATION AMENDMENT ACT 2012

   198.    Provision of ABN before commencement  
   199.    Consideration of benefits provided to worker in form other than an amount of money paid or credited to worker  
   200.    Continuation of entitlement under section 65 before commencement  

   PART 13--TRANSITIONAL MATTERS FOR WORKERS REHABILITATION AND COMPENSATION LEGISLATION AMENDMENT ACT 2015

   201.    Definitions  
   202.    Limitation for post-commencement injury  
   203.    Application of sections 49 and 49A  
   203A.   Extended application of section 50A  
   204.    Application of section 62  
   205.    Contribution under section 121A  

   PART 14--TRANSITIONAL MATTERS FOR RETURN TO WORK LEGISLATION AMENDMENT ACT 2015

   206.    Definitions  
   207.    Application of section 3A  
   208.    Limitation for post-commencement injury  
   209.    Offence provisions – before and after commencement  

   PART 15--TRANSITIONAL MATTERS FOR RETURN TO WORK LEGISLATION AMENDMENT ACT 2020

   210.    Definitions  
   211.    Worker  
   212.    Out of or in course of employment  
   213.    Labour hire arrangement  
   214.    Long-term incapacity  
   215.    Dispute relating to costs  
   216.    Overpayment of benefits  
   217.    Rehabilitation costs  
   218.    Settlement by agreement  
           SCHEDULE 3
           ENDNOTES