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WORKERS REHABILITATION AND COMPENSATION (EMPLOYER PAYMENTS) AMENDMENT ACT 2011 (NO 48 OF 2011) - SCHEDULE 1

Schedule 1—Further amendments of Workers Rehabilitation and Compensation Act 1986

Provision amended

How amended

Long title

Delete "disabilities" and substitute:

injuries

Section 2(1)

Delete "disabled" and substitute:

injured

Section 2(1)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Section 2(3)

Delete "disability arises, must seek to achieve a disabled "and substitute:

injury arises, must seek to achieve an injured

Section 3(1), definition of corresponding law

Delete "disabilities" and substitute:

injuries

Section 3(1), definition of current work capacity

Delete "disability" wherever occurring and substitute in each case:

injury

Section 3(1), definition of dependant , (b)

Delete "disability" and substitute:

injury

Section 3(1), definition of disease , (b)

Delete "disability" and substitute:

injury

Section 3(1), definition of no current work capacity

Delete "disability" wherever occurring and substitute in each case:

injury

Section 3(1), definition of recognised medical expert , (b)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Section 3(1), definition of therapeutic appliance , (f)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 4(1), (9), (10) and (15)

Delete "a disabled" wherever occurring and substitute in each case:

an injured

Section 4(2), (5), (9) and (16)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 6(2)

Delete "a disability" and substitute:

an injury

Section 6(5)(a)

Delete "disability" and substitute:

injury

Section 26(1), (2) and (3)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Section 26(4)

Delete "a disabled" and substitute:

an injured

Delete "disability" and substitute:

injury

Section 27(1)

Delete "a disabled"and substitute:

an injured

Section 27(3)

Delete "disabled" wherever occurring and substitute in each case:

injured

Section 28(2)(a), (b) and (d)

Delete "disabled" wherever occurring and substitute in each case:

injured

Section 28(2)(c)

Delete "a disabled" and substitute:

an injured

Section 28A(1), (2) and (3)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 28D(4)(a)

Delete "disabilities" and substitute:

injuries

Section 28D(4)(a) and (e)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 28D(4)(b) and (d)

Delete "a disabled" wherever occurring and substitute in each case:

an injured

Heading to Part 3 Division 2

Delete " Disability " and substitute:

Injury

Section 29

Delete "disabilities" and substitute:

injuries

Heading to Part 4 Division 1

Delete " disability " and substitute:

injury

Section 30(1) and (4)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 30(2)

Delete "a disability arises" and substitute:

an injury arises

Section 30(2)(a)

Delete "a disability that is not a secondary disability" and substitute"

an injury that is not a secondary injury

Section 30(2)(b)

Delete "a disability that is a secondary disability" and substitute:

an injury that is a secondary injury

Delete "the disability" wherever occurring and substitute in each case:

the injury

Section 30(3) and (5)

Delete "compensable disability" wherever occurring and substitute in each case:

compensable injury

Section 30(5)

Delete "A disability" and substitute:

An injury

Section 30(5)

Delete "the disability" and substitute:

the injury

Section 30A

Delete "A disability" and substitute:

An injury

Section 30A(a) and (b)

Delete "the disability" wherever occurring and substitute in each case:

the injury

Section 30B(2)(b)

Delete "a disability is not compensable if it is established on the balance of probabilities that the disability" and substitute:

an injury is not compensable if it is established on the balance of probabilities that the injury

Section 30B(3)

Delete "disability" and substitute:

injury

Section 31(1)

Delete "A disability" and substitute:

An injury

Section 31(2)

Delete "a disability" and substitute:

an injury

Delete "the disability, the worker's disability" and substitute:

the injury, the worker's injury

Section 31(3)

Delete "disabilities" and substitute:

injuries

Section 31(5)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 32(1), (2) and (5)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 32(9)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 32(11)(b)

Delete "disabilities" and substitute:

injuries

Section 32(14)

Delete "a disabled" and substitute:

an injured

Section 32A(4) and (7)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 34(1)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 35(1) and (8)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 35(4)

Delete "disabilities" and substitute:

injuries

Section 35A(1), (2), (3) and (4)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 35B(2)

Delete "disability" and substitute:

injury

Section 35C(2) and (3)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 36(1), (1a), (2) and (3a)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 37(8)(b)

Delete "disability" and substitute:

injury

Section 38(1) and (7)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 39(2)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 40(2) and (5)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 41(1) and (3)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 41(4)

Delete "a disabled" and substitute:

an injured

Section 42(2)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 43(1), (6), (7) and (9)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 43(6)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Section 43A(1)

Delete "disability" and substitute:

injury

Section 43A(8) and (10)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 43A(8)

Delete "the disability" wherever occurring and substitute in each case:

the injury

Section 43A(9)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Delete "disability" and substitute:

injury

Section 43B(1)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 43B(2)

Delete "disabilities" and substitute:

injuries

Section 44(1), (4), (7) and (12)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 45A(1), (3), (4) and (13)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 45B(1)

Delete "disability" and substitute:

injury

Section 45C(1)

Delete "disability" and substitute:

injury

Section 46(1), (2), (3), (4), (8), (8b) and (9)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 46(7)

Delete "a disability" and substitute:

an injury

Section 46(7)(a)

Delete "the disability" and substitute:

the injury

Section 46(9)

Delete "a disabled" and substitute:

an injured

Section 50(1) and (2)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Section 50A, definition of initial notification

Delete "a disability" and substitute:

an injury

Section 50B(1)

Delete "a disability" and substitute:

an injury

Section 50C(1)

Delete "disability" and substitute:

injury

Heading to Part 4 Division 8

Delete " disabilities " and substitute:

injuries

Section 51(1), (2)(a) and (b), (3)(b), (4)(a) and (7)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 51(2), (3), (4) and (6)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 51(8)

Delete "disabilities" and substitute:

injuries

Section 52(1)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 52(2)

Delete "a disability" and substitute:

an injury

Delete "that disability unless notice of the disability" and substitute:

that injury unless notice of the injury

Section 52(3) and (6)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 53(2)

Delete "a disability" and substitute:

an injury

Section 53(4a) and (7a)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 54(1), (3), (4a), (4b), (5), (6), (7a), (7b) and (8)

Delete "compensable disability" wherever occurring and substitute in each case:

compensable injury

Section 54(3), (4a) and (4b)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 54(4a), (4b), (5), (6) and (7a)

Delete "the disability" wherever occurring and substitute in each case:

the injury

Section 55(1), (2) and (3)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Delete "same disability" wherever occurring and substitute in each case:

same injury

Section 57

Delete "disability" and substitute:

injury

Section 58(1)

Delete "a disability" and substitute:

an injury

Section 58AA(1), (3) and (4)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 58AA(1), (2) and (3)

Delete "the disability" wherever occurring and substitute in each case:

the injury

Section 58AB(1) and (2)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Section 58AC(a)

Delete " disability " and substitute:

injury

Section 58AD

Delete "a disability is to be considered as a claim for damages in respect of the disability" and substitute:

an injury is to be considered as a claim for damages in respect of the injury

Section 58AE

Delete "disability" wherever occurring (including in the first defined term) and substitute in each case:

injury

Section 58A(2)

Delete "disability" and substitute:

injury

Section 58B(1) and (3)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 58C(1) and (2)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 60(6)

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Delete "disabled" and substitute:

injured

Section 63(7)

Delete "disabilities" and substitute:

injuries

Section 89, definition of party

Delete "disability" wherever occurring and substitute in each case:

injury

Section 90(3)(b)

Delete "disability" and substitute:

injury

Section 98E, definition of medical question

Delete "a disability" wherever occurring and substitute in each case:

an injury

Delete "that disability" and substitute:

that injury


Delete "worker's disability" wherever occurring and substitute in each case:

worker's injury

Delete "secondary disability" wherever occurring and substitute in each case:

secondary injury

Delete "compensable disability" wherever occurring and substitute in each case:

compensable injury

Section 98G(2), (4) and (5)

Delete "disability" wherever occurring and substitute in each case:

injury

Section 99D(1)

Delete "disability" and substitute:

injury

Delete "disabled" and substitute:

injured

Section 103A(2)

Delete "disability" and substitute:

injury

Section 105(1)

Delete "disability" and substitute:

injury

Section 111(1)

Delete "a disabled" and substitute:

an injured

Section 112(2)(f)

Delete "a disabled" and substitute:

an injured

Section 112(3), definition of corresponding workers compensation authority

Delete "disabilities" and substitute:

injuries

Section 112A

Delete "disabilities" wherever occurring and substitute in each case:

injuries

Section 113(1)

Delete subsection (1) and substitute:

        (1)         An injury (not being noise induced hearing loss) that develops gradually or is a disease will be taken to have occurred when the worker first becomes totally or a partially incapacitated for work by the injury.

Section 113(2), (3) and (4)

Delete "disability" wherever occurring and substitute in each case:

injury

Schedule 1, clause 2(1) and (2)

Delete "a disability" wherever occurring and substitute in each case:

an injury

Schedule 1, clause 2(2)

Delete "transitional disability" wherever occurring (including in the defined term) and substitute in each case:

transitional injury

Schedule 1, clause 2(3)

Delete "disability" wherever occurring and substitute in each case:

injury

Heading to Schedule 2

Delete " Disabilities " and substitute:

Injuries

Schedule 2, table

Delete " Description of disability " and substitute:

Description of injury

Schedule 3A, table

Delete " Disability " and substitute:

Injury


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