Tasmanian Consolidated Acts

WORKERS REHABILITATION AND COMPENSATION ACT 1988

- Act 4 of 1988
- Royal Assent 26 May 1988

TABLE OF PROVISIONS

           Long Title

   PART I - Preliminary

   1.      Short title
   2.      Commencement
   2A.     Objects of Act
   3.      Interpretation
   4.      Application of Act
   4A.     Services of workers lent or on hire
   4B.     Contractors
   4C.     Salespersons
   4D.     Participants in training programs
   4DA.    Luxury hire car drivers
   4DB.    Taxi drivers
   4DC.    Jockeys
   4E.     Prescribed relationship
   5.      Persons engaged in fire-fighting operations and fire prevention operations
   6.      Persons engaged in providing ambulance services
   6A.     Police volunteers
   6B.     Prescribed classes of volunteers
   7.      Exclusion of certain persons who are contestants in sporting activities
   7A.     Part V to apply to all claims for compensation, &c., referred to Tribunal

   PART II - Administration

           Division 1 - WorkCover Tasmania Board

   8.      WorkCover Tasmania Board
   9.      Membership of Board
   10.     Functions of Board
   11.     Powers of Board
   11A.    Minister may give directions
   12.     Disclosure of interest
   13.     Delegation by Board
   14.     Secretary to Board
   15.     Annual report

           Division 2 - Provisions relating to Tribunal

   16.      
   17.      
   17A.     
   17B.     
   18.      
   19.      
   20.     Functions of Tribunal
   21.      
   22.     Record of Tribunal
   23.     Jurisdiction of Tribunal
   23A.     
   24.      

           Division 3 - .  .  .  .  .  .  .  .  

   24.      

   PART III - Entitlement to compensation

           Division 1 - Entitlement to compensation

   25.     Liability of employers to compensate workers for injuries
   25A.    Claims for certain diseases arising from mining operations
   26.     Presumption as to cause of disease
   27.     Presumption as to cause of certain diseases in relation to fire-fighters
   28.     Review of operation of section 27
   28A.    Presumption as to cause of post-traumatic stress disorder
   29.     Liability of principal in case of workers employed by contractors
   30.     Liabilities of employer transferred to licensed insurer
   31.     Liability of employer not affected by agreement

           Division 2 - Employment connection with State

   31A.    Employment connection test
   31B.    Determination of State of connection in workers compensation proceedings
   31C.    Determination of State of connection by Tribunal
   31D.    Recognition of previous determinations of State of connection
   31E.    Person not to be compensated twice

   PART IV - Claims for compensation

   32.     Notice of injury and claim for compensation
   33.     Form of notice of injury
   33A.    Employer given notice of injury must inform worker of right to claim
   34.     Form of claim for compensation
   35.     Service of claim
   36.     Employer to forward accident report and claim
   37.     Effect of failure to give notice of injury, &c.
   38.     Effect of failure to make claim
   39.     Employer to give claimant notice of status of claim within 28 days
   40.      

   PART V - Dispute Resolution

           Division 1 - Reference of claims to Tribunal

   41.      
   42.     Reference of claims for compensation to Tribunal

           Division 2 - Conciliation process

   42A.    Interpretation of Division
   42B.    Parties to undertake conciliation process
   42C.    Conciliation process
   42D.    Preliminary stage
   42E.    Conciliation conference may be required
   42F.    Purpose of conciliation conference
   42G.    Evidence during conciliation process
   42H.    Representation during conciliation process
   42I.    Powers of conciliator
   42J.    Payment not admission of liability
   42K.    Claim unresolved after conciliation
   42L.    Conciliator may discontinue process
   42M.    Resolution of claim in conciliation process
   42N.    Liability of conciliator

           Division 3 - Arbitration

   43.      
   43A.     
   44.     Amendment of applications, &c.
   45.     Persons to be notified
   46.      
   47.     Presentation of cases
   48.     Proceedings to be in private except in certain cases
   49.     Procedure of Tribunal

           Division 4 - Medical panels

   50.     Medical panels
   51.     Determination by medical panel
   52.     Tribunal to be informed of findings
   53.     Representation before medical panel
   54.     Power of medical panel to examine worker
   55.     Failure to attend before medical panel
   55A.    Liability of members of medical panel
   55B.    Medical panel not bound by rules of evidence
   55C.    Remuneration of members of panel

           Division 5 - Miscellaneous

   56.     Provisions relating to evidence and production of documents
   57.     Tribunal to act on evidence available
   58.     Right of Tribunal to state case
   59.     Costs
   60.      
   60A.    Power of Tribunal to make interim determinations, &c.
   61.     Orders of Tribunal
   61A.    Power of Tribunal to publish and distribute copies of determinations
   62.     Orders of Tribunal final
   63.      
   64.     Regulations for purposes of Part V

   PART VI - Amount of compensation

           Division 1 - Basic compensation payable

   65.     Interpretation of Division 1 of Part VI
   66.     Declaration of basic salary
   67.     Amount of compensation in case of death
   67A.    Weekly payments in case of death
   67B.    Commencement of weekly payments to dependants
   67C.    Timing of weekly payments
   67D.    Payments in respect of dependent child
   67E.    Payment not admission of liability in respect of death of worker
   67F.    Dispute of liability in respect of death of worker
   67G.    Failure to dispute liability in respect of death of worker
   68.     Dependency questions and apportionment
   68A.     
   69.     Amount of compensation in case of incapacity
   69A.    Operation of section 69
   69B.    Period for which benefits are payable
   70.     Computation of normal weekly earnings
   71.     Compensation for permanent impairment
   71A.    Assessment guidelines
   72.     Assessment of degree of impairment
   72A.    Industrial deafness
   73.     Computation of industrial deafness
   73A.    Date of industrial deafness
   73B.    Determination for payment of compensation

           Division 2 - Medical and Other Services

   74.     Interpretation of Division 2 of Part VI
   75.     Additional compensation for medical and other services
   76.     Additional compensation for travelling expenses
   76A.    Account to be forwarded to employers and insurers
   77.     Certain questions to be determined by Tribunal
   77AA.   Employer to pay claim or refer it to Tribunal
   77AB.   Employer's liability for expenses less than $5 000 if liability not accepted or determined
   77AC.   Proceedings before Tribunal under section 77AB

           Division 2A - Accreditation

   77A.    Provision of certain services
   77B.    Application for accreditation
   77C.    Grant, &c., of accreditation
   77D.    Duration of accreditation
   77E.    Notice of refusal
   77F.    Revocation or suspension of accreditations
   77FA.   Revocation of accreditation on ceasing to be registered
   77G.    Appeals
   77H.    Publication of grant of accreditation

           Division 3 - Special provisions relating to the payment of compensation in respect of injuries contracted by gradual process

   78.     Injuries contracted by gradual process
   79.     Information to be supplied
   80.     Employer to whom notice to be given

   PART VII - Payment of compensation and related matters

           Division 1 - Provisions relating to weekly payments and other benefits

   80A.    Claim for compensation
   81.     Commencement of weekly payments
   81AA.   Payments not admission of liability
   81A.    Disputes of liability for weekly payments and other benefits
   81AB.   Failure to dispute liability
   81AC.   Tribunal may order compensation to be paid if employer taken to have accepted liability
   81B.    Payment of weekly payments
   82.     Prisoners not entitled to weekly payment
   83.     Right of worker to receive weekly payments if worker ceases to reside in this State
   84.     Paid holidays during incapacity
   84A.    Re-crediting of sick leave during incapacity
   84B.    Re-crediting of annual recreation leave and long service leave
   85.      
   86.     Cases in which employer may terminate or reduce payments
   87.     Cessation on account of age of entitlement to weekly payments
   88.     Review of weekly payments
   89.      
   90.     Weekly payments not assignable

           Division 1A - Medical examinations and independent medical reviews

   90A.    Workers may be required to submit to independent medical reviews
   90B.    Reports in relation to reviews
   90C.    Disagreements, &c., about reviews
   90D.    Reliance on medical reports

           Division 2 - Payment of compensation money to persons entitled and to the Public Trustee

   91.     Payment of compensation money to person entitled and to Public Trustee
   92.     Interest payable where delay in paying over certain compensation money

           Division 3 - Power of Tribunal to vary certain determinations relating to payment of compensation

   93.     Power to vary certain determinations

   PART VIII - .  .  .  .  .  .  .  .  

   94.      
   95.      
   96.      

   PART IX - Insurance provisions

           Division 1 - Compulsory insurance by employers

   96A.    Interpretation of Division 1
   97.     Obligation of employers to insure
   97AA.   Insurer to give notification of expiry of policy
   97A.    Disputes between insurers, &c.
   97B.    Worker entitled during dispute between employers

           Division 2 - Licensed insurers and self-insurers

   98.     Prohibition on providing certain insurance unless licensed
   99.     Authority of licences
   100.    Applications for licences
   101.    Granting, &c., of licences
   102.    Conditions of licences
   102A.    
   102B.   Board to make available suggested premium rates
   103.    Licensed insurers not to refuse insurance
   104.    Applications for permits
   105.    Granting, &c., of permits
   105A.   Wholly-owned subsidiary
   106.    Authority of permits
   107.    Conditions of permits
   108.    Duration of licences and permits
   109.    Additional information to be supplied
   110.    Notice of refusal
   111.    Revocation or suspension of licences and permits
   112.    Appeals
   113.    Publication of grant of, or revocation or suspension of, licences and permits

           Division 3 - Returns by licensed insurers and self-insurers

   114.    Returns by licensed insurers and self-insurers

           Division 4 - .  .  .  .  .  .  .  .  

   115.     
   116.     
   117.     
   118.     
   119.     
   120.     

           Division 5 - Nominal Insurer

   121.    Establishment of Nominal Insurer
   122.    Composition of Nominal Insurer
   123.    Powers and functions of Nominal Insurer
   124.    Disclosure of interest
   125.    Delegation by Nominal Insurer
   125A.   Nominal Insurer may assign liabilities
   126.    When proceedings may be taken against the Nominal Insurer
   126A.   Claims against Nominal Insurer for increase in payments
   127.    Order or judgment against Nominal Insurer
   127A.   Nominal Insurer Fund
   127B.   Nominal Insurer Special Account
   127C.   Minister may give directions in relation to Nominal Insurer Fund and Special Account
   128.    Payments to Nominal Insurer
   128A.   Special contributions
   129.    Right of Nominal Insurer to recover reinsurance money
   129A.   Power of Nominal Insurer to borrow money
   130.    Recovery by Nominal Insurer from employer, &c.
   131.    Employer to give information and assistance to Nominal Insurer
   131AAA. Financial statements
   131AA.  Annual report

           Division 6 - Acts of terrorism

   131A.   Interpretation of Division
   131B.   Orders in respect of acts of terrorism
   131C.   Claim for compensation in respect of act of terrorism
   131D.   Nominal Insurer may be funded by contributions

   PART X - Concurrent rights to compensation and damages

           Division 1 - Rights to compensation and damages

   132.    Interpretation of Part X
   132A.   Settlement by agreement
   133.    Effect of compensation on worker's right to damages
   134.    Right of employer to contribution or indemnity from third parties
   135.     
   136.    Application to bring action on
   137.    Weekly payments to be continued during proceedings for damages
   138.    Proceedings by dependants to be taken jointly

           Division 2 - Restrictions on awards of damages

   138AA.  Application of Division
   138AB.  Claims for damages
   138ABA.  
   138AC.   
   138AD.  No damages if claim settled by agreement

           Division 3 - Choice of law

   138AE.  Applicable substantive law for work injury claims
   138AF.  Claim to which Division applies
   138AG.  What constitutes injury and employment and who is employer
   138AH.  Claim in respect of death included
   138AI.  Meaning of substantive law
   138AJ.  Availability of action in another State not relevant

   PART XI - Injury Management

           Division 1 - Application, purpose and interpretation

   138A.    
   138B.    
   139.    Purpose and principles of Part
   140.    Application of Part
   141.    Interpretation

           Division 2 - Injury management programs

   142.    Injury management programs to be complied with
   143.    Approval of injury management programs

           Division 3 - Injury management and return-to-work co-ordinators and plans

   143A.   Employer to notify insurer of workplace injury
   143B.   Injury management co-ordinator to be appointed
   143C.   Responsibilities of injury management co-ordinators
   143D.   Return-to-work co-ordinator may be required to be appointed
   143E.   Return-to-work and injury management plans
   143F.   Work capacity of injured workers to be regularly reviewed

           Division 4 - Medical treatment

   143G.   Primary treating medical practitioners
   143H.   Issue of certificates
   143I.   Employer to be notified of certified incapacity and given medical certificate
   143J.   Worker's obligation of full disclosure to medical practitioners chosen by worker
   143K.   Medical advisory and mentoring service

           Division 5 - Obligations relating to return to work of injured worker

   143L.   Injured worker's position to be held open for worker
   143M.   Employer to provide suitable duties after injury
   143N.   Workers to participate in return-to-work process
   143O.   Workplace rehabilitation providers

           Division 6 - Miscellaneous

   143P.   Disputes about injury management
   143Q.   Powers of Tribunal in respect of matters under this Part

   PART XII - Workers Rehabilitation and Compensation Fund

   144.    Interpretation of Part XII
   145.    Establishment of Workers Rehabilitation and Compensation Fund
   146.    Assessment by Board of amount to be contributed to Fund
   147.    Contributions to Fund by licensed insurers and self-insurers
   148.    Temporary advances to Fund

   PART 12A - Infringement notices

   148AA.   
   148A.   Infringement notices
   148B.    
   148C.    
   148D.    
   148E.    
   148F.   Payments to Board
   148G.    
   148H.    
   148I.    

   PART XIII - Miscellaneous

   149.    Recovery of compensation over-paid
   150.     
   150A.   Authorized officers
   151.    Powers of authorized officers
   151A.   Protection from liability for authorized officers
   152.     
   152A.   Obtaining of information by Board
   153.    False or misleading statements
   153A.   Employer to keep records
   154.    Worker's right to information
   155.     
   156.    Enactments relating to limitations of actions inapplicable to proceedings under this Act, &c.
   157.    Receipts by minors valid discharge
   158.    Maintenance of secrecy
   158A.   Common seal of Board
   158B.   Judicial notice of certain signatures
   159.    Service of documents
   160.    Offences by bodies corporate
   161.    Fines to be paid to Board
   161A.   Time for instituting proceedings for offences
   161B.   Codes of practice
   162.    Regulations
   162A.    
   163.    Repeal
   164.    Savings, transitional and other provisions
   164A.   Application of Workers Rehabilitation and Compensation Amendment Act 2009
   164BAA. Transitional provisions consequent on enactment of Workers Rehabilitation Amendment Act 2017
   164BA.  Application of Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
   164BB.  Application of Workers Rehabilitation and Compensation Amendment Act 2019
   164B.   Review of operation of certain provisions
   164C.   Validation of certain guidelines, &c.
   164D.   Review of restructured Board
   164E.   Validation
   165.     
   166.     
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11