{"id":"return-to-work-act-1986","name":"Return to Work Act 1986","slug":"return-to-work-act-1986","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30486,"registerId":"nt-return-to-work-act-1986-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Workers","content":"Part 12 Transitional matters for Workers\nRehabilitation and Compensation\nLegislation Amendment Act 2012\n198 Provision of ABN before commencement .................................... 158\n199 Consideration of benefits provided to worker in form other than\nan amount of money paid or credited to worker........................... 158\n200 Continuation of entitlement under section 65 before\ncommencement ........................................................................... 159\nPart 13 Transitional matters for Workers\nRehabilitation and Compensation\n201 Definitions .................................................................................... 160\n202 Limitation for post-commencement injury .................................... 160\n203 Application of sections 49 and 49A.............................................. 160\n203A Extended application of section 50A............................................ 161\n204 Application of section 62 .............................................................. 161\n205 Contribution under section 121A ................................................. 162\n\nReturn to Work Act 1986 ix\nPart 14 Transitional matters for Return to Work\n206 Definitions .................................................................................... 162\n207 Application of section 3A ............................................................. 162\n208 Limitation for post-commencement injury .................................... 162\n209 Offence provisions – before and after commencement ............... 163\nPart 15 Transitional matters for Return to Work\nLegislation Amendment Act 2020\n210 Definitions .................................................................................... 164\n211 Worker ......................................................................................... 164\n212 Out of or in course of employment............................................... 164\n213 Labour hire arrangement ............................................................. 165\n214 Long-term incapacity ................................................................... 165\n215 Dispute relating to costs .............................................................. 165\n216 Overpayment of benefits ............................................................. 165\n217 Rehabilitation costs ..................................................................... 165\n218 Settlement by agreement............................................................. 165\n\n____________________\nAs in force at 25 March 2024\n____________________\nRETURN TO WORK ACT 1986\nAn Act about workers' rehabilitation and compensation\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Return to Work Act 1986.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Objects of Act","content":"2 Objects of Act\nThe objects of this Act are as follows:\n(a) to provide for the effective rehabilitation and compensation of\ninjured workers;\n(b) to provide for the prompt and effective management of\nworkplace injuries in a manner that promotes and assists the\nreturn to work of injured workers as soon as practicable;\n(c) to ensure that the scheme for the rehabilitation and\ncompensation of injured workers in the Territory:\n(i) is fair, affordable, efficient and effective; and\n(ii) provides adequate and just compensation to injured\n(iii) is balanced to ensure that the costs of workers\ncompensation are contained to reasonable levels for\nemployers.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nABN has the same meaning as in the Income Tax Assessment\nAct 1997 of the Commonwealth.\nact includes an omission.\n\nReturn to Work Act 1986 2\nacting in an official capacity, in relation to an inspector, means\nthe inspector is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nadequate policy of insurance or indemnity, for Part 7, Division 3,\nsee section 126.\nappointed member, of the Council, means a member appointed\nunder section 10(1)(b).\napproved means approved by the Authority or the Minister.\napproved form means a form approved by the Authority for the\npurposes of the provision in which the expression occurs.\napproved insurer means an insurer approved under\nsection 119(2).\nattendant care services, for Part 5, Division 4, see section 74A.\nAuthority means the Work Health Authority continued under the\nWork Health Administration Act 2011.\naverage weekly earnings means the Average Weekly Earnings for\nFull Time Adult Persons, Weekly Ordinary Time Earnings for the\nNorthern Territory last published by the Australian Statistician\nbefore 1 January before the date in respect of which they are\nrequired under this Act to be assessed.\nbenefit includes an advantage of any kind.\nburial, see section 7 of the Burial and Cremation Act 2022.\ncatastrophic injury, see section 78A(6).\nChair, of the Council, includes the Deputy Chair while acting as the\nChair.\nclaimant means a person claiming or being paid compensation.\ncompensation means a benefit, or an amount paid or payable,\nunder this Act as the result of an injury to a worker and, in\nsections 132 to 137 inclusive and section 167, includes:\n(a) an amount in settlement of a claim for compensation; and\n(b) costs payable to a worker by an employer in relation to a claim\nfor compensation.\nconference, for Part 6A, Division 1, see section 103A.\n\nReturn to Work Act 1986 3\nCouncil means the Workers Rehabilitation and Compensation\nAdvisory Council.\nCourt means the Work Health Court continued under the Work\nHealth Administration Act 2011.\ndisease includes a physical or mental ailment, disorder, defect or\nmorbid condition, whether of sudden or gradual development and\nwhether contracted before or after the commencement of Part 5.\ndisposal, see section 7 of the Burial and Cremation Act 2022.\ndispute, for Part 6A, Division 1, see section 103A.\nemployer means a person by or for whom a worker is engaged or\nworks or, in relation to a member of the Legislative Assembly, a\nSupreme Court Judge, a Local Court Judge or a member of the\nPolice Force, means the Territory.\nexpert financial advice means expert financial advice as\nprescribed by regulation.\nfirst compensation date, in relation to a worker and a particular\ninjury, means the date on which the worker first became entitled to\ncompensation for that injury.\nformer Fund, for Part 7, see section 117.\nFund, see section 117.\nimpairment means a temporary or permanent bodily or mental\nabnormality or loss caused by an injury.\nincapacity means an inability or limited ability to undertake paid\nwork because of an injury.\nincident means an event occurring at, or a situation arising in, a\nworkplace which results in an injury.\nindustrial agreement means an agreement which wholly or partly\nregulates terms or conditions of employment.\nindustrial award means:\n(a) an award or determination relating to the terms and conditions\nof employment of a worker made under an Act; or\n(b) an award or a certified agreement made under the Workplace\nRelations Act 1996 of the Commonwealth.\ninjury, see section 3A.\n\nReturn to Work Act 1986 4\ninspector means an inspector under section 7A.\ninsurer means a body corporate that is authorised under the\nInsurance Act 1973 (Cth) to carry on insurance business, or that\nwas so authorised at the time a relevant policy of insurance or\nindemnity was taken out and, in Part 5, Division 5, includes the\njurisdiction means a State or a Territory of the Commonwealth\nand, in a geographical sense, includes the adjacent area of the\nState or Territory as prescribed by regulation.\nlabour hire arrangement, see section 4A.\nmanagement action, in relation to a worker, means any action\ntaken by the employer in the management of the worker's\nemployment or behaviour at the workplace, including one or more\nof the following:\n(a) appraisal of the worker's performance;\n(b) counselling of the worker;\n(c) stand down of the worker, or suspension of the worker's\n(d) disciplinary action taken in respect of the worker's\n(e) transfer of the worker's employment;\n(f) demotion, redeployment or retrenchment of the worker;\n(g) dismissal of the worker;\n(h) promotion of the worker;\n(i) reclassification of the worker's employment position;\n(j) provision to the worker of a leave of absence;\n(k) provision to the worker of a benefit connected with the\nworker's employment;\n(l) training a worker in respect of the worker's employment;\n(m) investigation by the worker's employer of any alleged\nmisconduct:\n(i) of the worker; or\n\nReturn to Work Act 1986 5\n(ii) of any other person relating to the employer's workforce\nin which the worker was involved or to which the worker\nwas a witness;\n(n) communication in connection with an action mentioned in\nparagraphs (a) to (m).\nmediator means a mediator appointed under section 103C(1).\nmedical certificate of capacity means a certificate issued by a\nmedical practitioner, or another person of a class prescribed by\nregulation, that certifies a worker's capacity for work.\nNominal Insurer means the Nominal Insurer established by\nsection 150(1).\nout of or in the course of his or her employment, see section 4.\nparty, for Part 6A, Division 1, see section 103A.\nPAYG provisions means the provisions of Division 12 of\n","sortOrder":3},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to the Taxation Administration Act 1953 of the","content":"Schedule 1 to the Taxation Administration Act 1953 of the\nCommonwealth.\nplant includes machinery, pressure vessels, equipment,\nappliances, implements, scaffolding and tools, any component\nthereof and anything fitted, connected or appurtenant thereto.\nprohibition notice, see section 7KA(3).\nregistrar means:\n(a) the registrar of the Court; or\n(b) a judicial registrar of the Court.\nrehabilitation, in relation to an injured worker, means a process\ndesigned to:\n(a) ensure the worker's return to work as soon as practicable; or\n(b) maximise the worker's ability to live independently.\nrelevant permanent impairment, for Part 5, Division 3, means\npermanent impairment assessed in accordance with\nsection 65(13A).\nrepealed Act means the Acts repealed by section 188, as in force\nimmediately before the commencement of that section.\n\nReturn to Work Act 1986 6\nRules means the court rules as defined in section 3 of the Work\nHealth Administration Act 2011.\nsailor means a person employed or engaged in any capacity on\nboard a ship.\nself-insurer means:\n(a) an employer approved under section 120 to self-insure; or\n(b) except in Part 7, subject to section 118(2) – the Territory.\nship means any kind of vessel used in navigation by water,\nhowever propelled or moved, and includes:\n(a) a barge, lighter, or other floating vessel; and\n(b) an air-cushioned vehicle, or similar craft;\nused wholly or primarily in navigation by water.\nsubstance means a natural or artificial substance, whether in solid,\nliquid, gas or vapour form.\nTerritory worker means a person whose employment is\ndetermined, under section 53AA, to be connected with the Territory.\ntributer means a person who works a mine under an agreement\nwith the lessee or owner of the mine to pay or receive from the\nlessee or owner a percentage of the value of the product taken from\nthe mine.\nweekly payment means a weekly payment of compensation.\nworker, see section 3B.\nworkplace means a place, whether or not in a building or structure,\nwhere workers work.\n(11) Where in this Act the expression Default maximum penalty\nappears in or at the foot of a section or subsection, being a section\nor subsection that provides that a person is guilty of an offence\nagainst this Act or a breach of which results in such an offence, a\nperson who has been found guilty of that offence is guilty of a\nfurther offence against this Act if the offence continues after he or\nshe has been so found guilty and is punishable, on being found\nguilty for the further offence, by a penalty not exceeding the amount\nof the default maximum penalty specified after that expression for\neach day during which the offence continues.\n\nReturn to Work Act 1986 7\n(12) This section is not relevant for determining whether a person is or is\nnot a worker or employee under another Act unless the other Act\notherwise provides.\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Injury","content":"3A Injury\n(1) An injury, in relation to a worker, is a physical or mental injury\narising out of or in the course of the worker's employment and\nincludes:\n(a) a disease; and\n(b) the aggravation, acceleration, exacerbation, recurrence or\ndeterioration of a pre-existing injury or disease.\n(2) Despite any other provision of this Act, a mental injury is not\nconsidered to be an injury for this Act if it is caused wholly or\nprimarily by one or more of the following:\n(a) management action taken on reasonable grounds and in a\nreasonable manner by or on behalf of the worker's employer;\n(b) a decision of the worker's employer, on reasonable grounds,\nto take, or not to take, any management action;\n(c) any expectation by the worker that any management action\nwould, or would not, be taken or any decision made to take, or\nnot to take, any management action.\n","sortOrder":5},{"sectionNumber":"3B","sectionType":"section","heading":"Meaning of worker","content":"3B Meaning of worker\n(1) A worker is an individual who:\n(a) performs work or a service of any kind for another person (the\nemployer) under a contract; and\n(b) in relation to the contract:\n(i) is an employee for the purpose of assessment for PAYG\nwithholding under the Taxation Administration\nAct 1953 (Cth), Schedule 1, Part 2-5 (the PAYG\nprovisions); or\n(ii) despite that the employer does not treat a person as an\nemployee, the person should be an employee under the\nPAYG provisions.\n(2) However, worker does not include an individual:\n(a) who is employed by the Commonwealth; or\n\nReturn to Work Act 1986 8\n(b) in relation to the work or service under consideration – who is\nan employer of another person engaged in the performance of\nthe work or service; or\n(c) who is employed or engaged other than for the purposes of\nthe employer's trade, business or enterprise and in respect of\nwhom the employer does not make any withholding payments\nunder the PAYG provisions.\n(3) Subject to subsection (4), a person who is a prescribed member of\nthe immediate family of the employer, and who lives with the\nemployer, is not a worker.\nNote for subsection (3)\nA person who is a prescribed member of the immediate family of the employer,\nwho does not live with the employer, is not precluded from being a worker only\nbecause the person is a prescribed member of the employer's family.\n(4) A prescribed member of the immediate family of an employer, who\nlives with the employer, is a worker if the member's name, nature of\nemployment and estimated wages are disclosed to the employer's\ninsurer:\n(a) when the employment of that member is commenced or, if the\nrelevant insurance or indemnity is effected after the\nemployment is commenced, at that time; and\n(b) each subsequent time the policy is renewed.\n(5) Subject to subsection (6), a person who is a director (however\ndescribed) of a body corporate is not a worker.\n(6) A director of a body corporate is a worker if:\n(a) an amount is withheld, under the PAYG provisions, from any\nremuneration (however described) paid to the director by the\nbody corporate; and\n(b) the director's name and estimated remuneration, as well as\nthe nature of the director's employment, are disclosed to the\nbody corporate's insurer when:\n(i) the director is appointed or, if the relevant insurance or\nindemnity is effected after the director is appointed, at\nthat time; and\n(ii) each subsequent time the policy is renewed.\n\nReturn to Work Act 1986 9\n(7) Subject to subsections (8) and (9), an individual who is engaged in\nvoluntary work and who receives in relation to that work, if anything,\nnothing more than reasonable travelling, accommodation or other\nout-of-pocket expenses, is not a worker.\n(8) An individual who, without remuneration or reward, voluntarily\nengages in any of the following is taken to be a worker employed by\nthe Territory:\n(a) assisting in emergency services, training exercises or other\nactivities with the consent of, or under the authority and\nsupervision of, or in cooperation with, any of the following (as\ndefined in section 8 of the Emergency Management Act 2013):\n(i) the Territory, Regional or Local Controller;\n(ii) the Territory, Regional or Local Recovery Coordinator;\n(iii) the Director;\n(b) fighting a fire, training exercises or other activities with the\nconsent of, or under the authority and supervision of, or in\ncooperation with, a volunteer bushfire brigade established\nunder the Bushfires Management Act 2016;\n(c) fighting fires or dealing with other emergencies, or training\nexercises or other activities, as a volunteer member as\ndefined in the Fire and Emergency Act 1996.\n(9) Also, an individual who, without remuneration or reward, voluntarily\nengages in work or training of a kind by reference or in relation to\nwhich a person or class of persons is prescribed as mentioned in\nsubsection (17), is taken to be a worker employed under a contract\nof employment by the person or organisation prescribed.\n(10) Subject to subsection (11), an individual who is employed or\nengaged by a householder is not a worker.\n(11) An individual is a worker of a household if the individual earns more\nthan, or is paid at a rate that would exceed, the prescribed amount.\n(12) A person performing work under a community court order is taken\nto be a worker employed by the Territory when the person is\nperforming work under the order.\n(13) If the person was employed as a worker during normal working\nhours immediately before the time the person performed work\nunder the order, the person's normal weekly earnings in that\nemployment are taken to be the person's normal weekly earnings\nwhen performing work under the order.\n\nReturn to Work Act 1986 10\n(14) Despite anything in this Act but subject to subsection (15), a person\nis taken not to be a worker while the person is, under a contract:\n(a) participating as a contestant in a sporting or athletic activity; or\n(b) engaged in training or preparation with a view to participating\nin such an activity; or\n(c) travelling in connection with:\n(i) participating in such an activity; or\n(ii) training or preparing for such participation.\n(15) Subsection (14) does not apply if, under the contract, the person is\nentitled to remuneration of not less than the prescribed amount per\nyear or at a rate that, if the contract continued for a year, would\nresult in the person receiving remuneration of not less than that\namount.\n(16) An individual who, under a labour hire arrangement, is engaged by\na provider of labour hire services to perform work or services for\nsomeone other than the provider and, in relation to whom, under\nthe PAYG provisions, withholding payments are required to be\nmade, is a worker of the provider.\nNote for subsection (16)\nFor the meanings of labour hire arrangement and provider of labour hire services,\nsee sections 4A and 4B respectively.\n(17) Despite anything in this section, a person, or a member of a class\nof persons, prescribed by regulation:\n(a) as a worker is a worker for this Act; and\n(b) as not being a worker is not a worker for this Act.\n(18) To avoid doubt, the fact that an individual has an ABN is not\ndeterminative of whether or not the individual is a worker for this\nAct.\n(19) In this section:\ncommunity court order means any of the following:\n(a) a community work order made under the Fines and Penalties\n(Recovery) Act 2001 or the Youth Justice Act 2005;\n(b) a community correction order or intensive community\ncorrection order made under the Sentencing Act 1995;\n\nReturn to Work Act 1986 11\n(c) a community work order, community based order or\ncommunity custody order made under the Sentencing\nAct 1995 as in force before the commencement of Part 2 of\nthe Sentencing and Other Legislation Amendment Act 2022.\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Out of or in course of employment","content":"4 Out of or in course of employment\n(1) Without limiting the generality of the meaning of the expression, an\ninjury to a worker shall be taken to arise out of or in the course of\nhis or her employment if the injury occurs while the worker:\n(a) on a working day on which the worker attends at the worker's\nworkplace:\n(i) is present at the workplace; or\n(ii) having been present at the workplace, is temporarily\nabsent on that day in the course of employment or\nduring an ordinary recess and does not during that\nabsence voluntarily subject himself or herself to an\nabnormal risk of injury; or\n(d) is in attendance at a trade, technical or other training school\nthat the worker is required to attend by the terms of\nemployment or as an apprentice, or that the worker is\notherwise expected to attend by the employer; or\n(f) is in attendance at a place for any of the following purposes, in\nconnection with an injury for which the worker is entitled to\nreceive compensation:\n(i) obtaining a medical certificate of capacity;\n(ii) receiving medical, surgical or hospital advice, attention\nor treatment;\n(iii) submitting to a medical examination required under this\nAct;\n(iv) receiving a payment of compensation.\n(1A) In addition, an injury to a worker is taken to arise out of or in the\ncourse of his or her employment if the injury occurs while the\n\nReturn to Work Act 1986 12\n(a) is travelling by the shortest convenient route between the\nworker's place of residence and a workplace; or\n(b) is travelling by the shortest convenient route between the\nworker's place of residence or a workplace and a place\nmentioned in subsection (1)(d) or (f); or\n(c) being a worker who is employed by more than one employer\nand has attended on a working day at a workplace for\none employer, is travelling by the shortest convenient route\nbetween that place and the worker's place of employment for\nanother employer.\n(1B) If subsection (1A)(c) is applicable, the injury is taken to have\noccurred while the worker was employed by the employer to whose\nworkplace the worker was travelling.\n(2) Subsection (1A) does not apply if an injury sustained while\ntravelling is sustained during or after a substantial interruption of or\nsubstantial deviation from the worker's journey made for a reason\nunconnected with the worker's employment or attendance at a\nplace mentioned in subsection (1)(d) or (f), which, having regard to\nall the circumstances, would ordinarily have materially added to the\nrisk of injury.\n(2A) Despite subsection (1A), an injury to a worker is taken not to arise\nout of or in the course of his or her employment if the injury is\nsustained in a motor accident, as defined in the Motor Accidents\n(Compensation) Act 1979, while the worker:\n(a) having been at the worker's workplace, is temporarily absent\nduring an ordinary recess; or\n(b) is travelling between the worker's place of residence and a\nworkplace, unless:\n(i) the workplace is not the worker's normal or usual\nworkplace and the travel is at the request of the worker's\nemployer; or\n(ii) the worker's employer has required the worker to work\noutside the worker's normal hours of work; or\n(c) is travelling between the worker's place of residence or a\nworkplace and a place mentioned in subsection (1)(d) or (f); or\n\nReturn to Work Act 1986 13\n(d) having attended on a working day at a workplace for one\nemployer, is travelling between that place and the worker's\nplace of employment for another employer, unless:\n(i) the workplace to which the worker is travelling is not the\nworker's normal or usual workplace and the travel is at\nthe request of the worker's employer; or\n(ii) the employer to whose workplace the worker is travelling\nhas required the worker to work outside the worker's\nnormal hours of work.\n(3) Despite any other provision of this Act, an injury to a worker is\ntaken to arise out of or in the course of his or her employment if\nthe injury is to a worker in a class of worker prescribed by\nregulation, subject to any limitation prescribed by regulation.\n(4) An injury shall be deemed to arise out of or in the course of\nemployment even though at the time that the injury occurred the\nworker was acting:\n(a) in contravention of a regulation (whether by or under an Act or\notherwise) applicable to the work in which he or she is\nemployed; or\n(b) without instructions from his or her employer,\nif the act was done by the worker for the purposes of and in\nconnection with his or her employer's trade or business.\n(5) An injury shall be deemed to arise out of or in the course of a\nworker's employment where it occurred by way of a gradual\nprocess over a period of time and the employment in which he or\nshe was employed at any time during that period materially\ncontributed to the injury.\n(6) Unless the contrary is established, a disease shall be taken to have\nbeen contracted by a worker in the course of his or her employment\nif:\n(a) it is prescribed by the Regulations to be a particular disease,\nor a disease of a particular kind, specified by the Regulations\nas being related to employment of a particular kind; and\n(b) the worker:\n(i) was, at any time before he or she became aware of his\nor her contraction of that disease, engaged as a worker\nin employment of that kind; or\n\nReturn to Work Act 1986 14\n(ii) died without having become so aware but was, at any\ntime before he or she died, engaged as a worker in\nemployment of that kind.\n(6A) Subject to this section, a disease shall be taken not to have been\ncontracted by a worker or to have not been aggravated, accelerated\nor exacerbated in the course of the worker's employment unless the\nemployment in which the worker is or was employed materially\ncontributed to the worker's contraction of the disease or to its\naggravation, acceleration or exacerbation.\n(7) In this section:\nworking day, in relation to a worker, means any day on which he\nor she attends at his or her workplace for the purpose of working.\nworkplace, where there is no fixed workplace, includes the whole\narea, scope or ambit of the worker's employment.\n(8) For the purposes of this section, the employment of a worker is not\nto be taken to have materially contributed to:\n(a) an injury or disease; or\n(b) an aggravation, acceleration or exacerbation of a disease,\nunless the employment was the real, proximate or effective cause\nof the injury, disease, aggravation, acceleration or exacerbation.\n","sortOrder":7},{"sectionNumber":"4A","sectionType":"section","heading":"Labour hire arrangement","content":"4A Labour hire arrangement\nA labour hire arrangement is a contract or an arrangement under\nwhich an individual is engaged by a provider of labour hire services\n(the provider) to provide work or service for someone other than\nthe provider (a client), if:\n(a) there is no contract to perform the work or service between\nthe individual and the client; and\n(b) the individual personally performs part or all of the work; and\n(c) for a provider that is a corporation – the individual is not a\ndirector of the corporation.\n","sortOrder":8},{"sectionNumber":"4B","sectionType":"section","heading":"Provider of labour hire services","content":"4B Provider of labour hire services\n(1) A person is a provider of labour hire services (the provider) if, in\nthe course of conducting a business, the person supplies to another\nperson (the client) an individual to perform work or services in and\nas part of a business or commercial undertaking of the client.\n\nReturn to Work Act 1986 15\n(2) Without limiting subsection (1), a person is a provider of labour hire\nservices:\n(a) if a contract is entered into between the individual (the\nworker) and the provider, or between the provider and the\nclient; and\n(b) whether the worker is supplied by the provider to a client\ndirectly or indirectly through one or more agents or\nintermediaries; and\n(c) whether the work or services performed by the worker is under\nthe control of the provider, the client or another person.\n","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"5 Act to bind Crown\nThis Act binds the Crown not only in right of the Territory but also,\nso far as the legislative power of the Legislative Assembly permits,\nin all its other capacities.\n","sortOrder":10},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against the\nfollowing provisions of this Act:\n(a) section 7KD;\n(b) section 65C;\n(c) section 75A;\n(d) section 92;\n(e) section 103H;\n(f) section 126AA;\n(g) section 126AB.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nReturn to Work Act 1986 16\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Authority's functions and powers under this Act","content":"6 Authority's functions and powers under this Act\n(1) The Authority has the following functions:\n(aa) to administer this Act;\n(ab) to monitor compliance with, and enforce, this Act;\n(ac) to further the objects of this Act;\n(a) to encourage the provision of appropriate and early\nrehabilitation treatment of workers incapacitated or impaired in\ncompensable incidents;\n(b) to identify the rehabilitation services needed in the Territory for\nworkers injured in compensable incidents;\n(c) to provide financial and other assistance to bodies established\nby this Act;\n(d) to monitor, collect and analyse data on compensable incidents\nin the Territory;\n(e) to provide information, advice and education to employer and\nworker groups and other interested persons;\n(f) to approve insurers for providing workers' compensation\ninsurance;\n(g) to ensure, as far as practicable, compliance with the\nrequirements of this Act;\n(h) to prosecute offences against this Act;\n(i) to perform any other function conferred under this Act.\n(4) The Authority may delegate any of its functions and powers under\nthis Act.\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Powers of Authority to obtain information","content":"7 Powers of Authority to obtain information\n(1) For performing its functions under this Act, the Authority may do\none or more of the following:\n(a) obtain relevant information from any persons as the Authority\nconsiders appropriate;\n\nReturn to Work Act 1986 17\n(b) consult with any persons as the Authority considers\nappropriate;\n(c) make any inquiries as the Authority considers appropriate.\n(2) The Authority may perform its functions under subsection (1) in any\nway it considers appropriate.\n(3) Without limiting subsection (1)(a), the Authority may require a\nperson to do one or more of the following:\n(a) appear before the Authority at a specified time and place;\n(b) answer questions asked by the Authority;\n(c) produce documents to the Authority.\n(4) The Authority may require the person to give the answers on oath\nor verify the document by statutory declaration.\n(5) A requirement under subsection (3) or (4) must:\n(a) be made in writing; and\n(b) be accompanied by a statement informing the person that it is\nan offence not to comply with the requirement unless the\nperson has a reasonable excuse.\n(6) A person must not, without reasonable excuse, fail to comply with a\nrequirement under subsection (3) or (4).\n(7) Without limiting subsection (6), it is a reasonable excuse for an\nindividual to fail to comply with a requirement if doing so might tend\nto incriminate the individual.\n","sortOrder":13},{"sectionNumber":"7A","sectionType":"section","heading":"Appointment of inspectors","content":"7A Appointment of inspectors\n(1) An inspector under the Work Health and Safety (National Uniform\nLegislation) Act 2011 is an inspector for this Act.\n(2) The Authority may, in writing, appoint any of the following as an\ninspector:\n(a) a public sector employee;\n\nReturn to Work Act 1986 18\n(b) an employee of a local government council;\n(c) the holder of a statutory office;\n(d) a person in a class of persons prescribed by regulation.\n","sortOrder":14},{"sectionNumber":"7B","sectionType":"section","heading":"Identity cards","content":"7B Identity cards\n(1) The Authority must give each inspector an identity card that states\nthe person's name and appointment as an inspector and includes\nany other matter prescribed by regulation.\n(2) For a person who is an inspector under section 7A(1), a single card\nmay be given to the person for the purposes of both subsection (1)\nand section 157 of the Work Health and Safety (National Uniform\nLegislation) Act 2011.\n(3) An inspector must produce his or her identity card for inspection on\nrequest when exercising a power under this Act.\n(4) If a person to whom an identity card has been issued ceases to be\nan inspector, the person must return the card to the Authority as\nsoon as practicable.\n","sortOrder":15},{"sectionNumber":"7C","sectionType":"section","heading":"Suspension and ending of appointment of inspector","content":"7C Suspension and ending of appointment of inspector\n(1) The Authority may suspend or end the appointment of an inspector\nappointed under section 7A(2).\n(2) A person's appointment as an inspector under section 7A(2) ends if\nthe person ceases to be eligible for appointment under that\nsubsection.\nNote for section 7C\nA person who is an inspector under section 7A(1) may have his or her\nappointment under the Work Health and Safety (National Uniform Legislation)\nAct 2011 suspended or ended under section 159 of that Act.\n","sortOrder":16},{"sectionNumber":"7D","sectionType":"section","heading":"Functions of inspector","content":"7D Functions of inspector\nAn inspector has the following functions:\n(a) to give information and advice about compliance with this Act;\n(b) to assess whether or not the provisions of this Act are being\ncomplied with;\n(c) to gather evidence of a suspected offence under this Act;\n\nReturn to Work Act 1986 19\n(d) to assist the Authority in performing its functions;\n(e) to perform any other functions conferred under this Act.\n","sortOrder":17},{"sectionNumber":"7E","sectionType":"section","heading":"Inspector subject to Authority's directions","content":"7E Inspector subject to Authority's directions\n(1) An inspector is subject to the Authority's directions in the\nperformance of the inspector's functions.\n(2) A direction under subsection (1) may be of a general nature or may\nrelate to a specified matter or specified class of matter.\n","sortOrder":18},{"sectionNumber":"7F","sectionType":"section","heading":"Exercise of powers","content":"7F Exercise of powers\n(1) An inspector may only exercise a power under this Subdivision:\n(a) for the purpose of performing the inspector's functions under\nsection 7D(b) to (e); and\n(b) if the inspector reasonably believes it is necessary to do so.\n(2) In exercising a power under this Subdivision, an inspector may:\n(a) use any reasonable force; and\n(b) be accompanied and assisted by other persons as the\ninspector reasonably considers necessary.\n","sortOrder":19},{"sectionNumber":"7G","sectionType":"section","heading":"Power to require information","content":"7G Power to require information\n(1) An inspector may, by written notice, require a person to do either or\nboth of the following within the period specified in the notice:\n(a) give to the inspector written answers to questions set out in\nthe notice;\n(b) produce to the inspector documents identified in the notice.\n(2) The inspector may, in the notice, require the person to verify the\nanswers or document by statutory declaration.\n(3) A notice under subsection (1) must include a statement informing\nthe person that it is an offence not to comply with the notice unless\nthe person has a reasonable excuse.\n(4) A person must not, without reasonable excuse, fail to comply with a\nnotice under subsection (1).\n\nReturn to Work Act 1986 20\n(5) Without limiting subsection (4), it is a reasonable excuse for an\nindividual to fail to comply with a notice under subsection (1) if\ndoing so might tend to incriminate the individual.\n","sortOrder":20},{"sectionNumber":"7H","sectionType":"section","heading":"Power of entry","content":"7H Power of entry\n(1) An inspector may enter a place:\n(a) with the consent of the occupier of the place; or\n(b) in accordance with a warrant issued under section 7K; or\n(c) if the place is a workplace and is not a place of residence:\n(i) during normal working hours for that workplace; and\n(ii) after having given the employer reasonable notice of the\ninspector's intention to enter the workplace and reasons\nfor doing so.\n(2) An inspector seeking the consent of a person to enter a place must:\n(a) give the person the reasons why entry is sought; and\n(b) inform the person that the person may refuse to give consent;\nand\n(c) show the inspector's identity card to the person.\n(3) Having entered a place under subsection (1), an inspector may\nremain at the place for as long as is reasonably necessary to\nenable the inspector to perform the inspector's functions.\n","sortOrder":21},{"sectionNumber":"7J","sectionType":"section","heading":"General powers of inspector","content":"7J General powers of inspector\n(1) An inspector who enters a place under section 7H may do one or\nmore of the following:\n(a) inspect or examine the place or anything at the place;\n(b) photograph, film or otherwise record the place or anything at\nthe place;\n(c) make copies of documents that are at the place or are\nproduced to the inspector;\n(d) take reasonable steps to secure or protect a document against\ndamage or unauthorised removal or interference;\n\nReturn to Work Act 1986 21\n(e) take into the place and use any equipment or other things that\nare reasonably necessary to enable the inspector to exercise\nthe inspector's powers under this Subdivision;\n(f) make reasonable use of equipment, things or services at the\nplace as reasonably necessary to enable the inspector to:\n(i) retrieve or record a document; or\n(ii) exercise any of the inspector's other powers under this\nSubdivision;\n(g) require a person at the place to do one or more of the\n(i) answer questions asked by the inspector;\n(ii) produce documents to the inspector;\n(iii) give the inspector reasonable help to exercise the\ninspector's powers under this Subdivision;\n(h) if the entry to the place was effected in accordance with a\nwarrant – anything authorised to be done by the warrant.\n(2) A requirement under subsection (1)(g) must be accompanied by a\nstatement informing the person that it is an offence not to comply\nwith the requirement unless the person has a reasonable excuse.\n(3) A person must not, without reasonable excuse, fail to comply with a\nrequirement under subsection (1)(g).\nMaximum penalty: 20 penalty units\n","sortOrder":22},{"sectionNumber":"7K","sectionType":"section","heading":"Entry of place – search warrant","content":"7K Entry of place – search warrant\n(1) An inspector may apply to a Local Court Judge, by information on\noath, for a search warrant to enter a place for the purpose of\nexercising the inspector's powers under this Subdivision at the\nplace.\n(2) The Local Court Judge may issue a search warrant only if satisfied\nthere are reasonable grounds for the inspector to exercise the\ninspector's powers at the place and the warrant is reasonably\nnecessary.\n(3) The warrant authorises the inspector named in the warrant, and any\nother person assisting the inspector, to enter the place and to\nexercise the inspector's powers under this Subdivision.\n\nReturn to Work Act 1986 22\n(4) The warrant must state:\n(a) the place for which it is issued; and\n(b) the grounds (in general terms) on which it is granted; and\n(c) the hours during which entry to the place is authorised or that\nthe entry is authorised at any time of the day or night; and\n(d) the date, within 14 days after the warrant's issue, on which the\nwarrant ceases to have effect.\n(5) The inspector executing the warrant must produce the warrant for\ninspection if asked to do so by:\n(a) the occupier of the place; or\n(b) if the place is a workplace – the employer; or\n(c) any person at the place.\n7KA Power to issue prohibition notice\n(1) This section applies if an inspector reasonably believes that a policy\nof insurance or indemnity required by section 126AA(1) is not in\nforce for an employer who is not a self-insurer.\n(2) The inspector may give the employer a direction prohibiting the\ncarrying on of the employer's business until an inspector is satisfied\nthat the employer holds the required policy.\n(3) The direction may be given orally, but must be confirmed by written\nnotice (a prohibition notice) issued to the employer as soon as\npracticable after the oral direction.\n7KB Contents of prohibition notice\nA prohibition notice must:\n(a) state that the inspector believes that the employer does not\nhold the required policy of insurance or indemnity and the\nreasons for that belief; and\n(b) include a statement of the effect of section 7KC.\n\nReturn to Work Act 1986 23\n7KC When employer obtains policy\n(1) An employer to whom a direction is given under section 7KA(2) or a\nprohibition notice is issued may, at any time, give evidence to an\ninspector that the employer is the holder of the required policy of\ninsurance or indemnity.\n(2) As soon as practicable after the inspector receives the evidence,\nthe inspector must review the evidence and do one of the following:\n(a) if satisfied that the employer holds the required policy – give\nthe employer written notice that the prohibition notice is no\nlonger in force;\n(b) otherwise – give the employer written notice as to the\ndeficiencies in the evidence or the policy.\n(3) A notice under subsection (2)(b) is considered to be a prohibition\nnotice.\n7KD Compliance with prohibition notice\n(1) An employer commits an offence if the employer contravenes a\ndirection given to the employer under section 7KA(2).\n(2) An offence against subsection (1) is an offence of strict liability.\n7KE Continuing offence\n(1) This section applies if a court has found a person guilty of an\noffence against section 7KD.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the day the offence is\ncommitted.\n","sortOrder":23},{"sectionNumber":"7L","sectionType":"section","heading":"Obstruction of inspector","content":"7L Obstruction of inspector\n(1) A person must not obstruct another person whom the person knows\nto be:\n(a) an inspector acting in an official capacity; or\n\nReturn to Work Act 1986 24\n(b) a person assisting an inspector acting in an official capacity.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) In this section:\nobstruct includes hinder or resist.\n","sortOrder":24},{"sectionNumber":"7M","sectionType":"section","heading":"Misleading information","content":"7M Misleading information\n(1) A person must not knowingly give to an inspector acting in an\nofficial capacity:\n(a) misleading information; or\n(b) a document containing misleading information.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) Subsection (1)(b) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\ninspector's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe inspector the information necessary to remedy the\nmisleading aspect of the document.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Workers Rehabilitation and Compensation","content":"Part 3 Workers Rehabilitation and Compensation\nAdvisory Council\n","sortOrder":26},{"sectionNumber":"8","sectionType":"section","heading":"Workers Rehabilitation and Compensation Advisory Council","content":"8 Workers Rehabilitation and Compensation Advisory Council\nThe Workers Rehabilitation and Compensation Advisory Council is\nestablished.\n","sortOrder":27},{"sectionNumber":"9","sectionType":"section","heading":"Functions of the Council","content":"9 Functions of the Council\nThe Council has the following functions:\n(a) to keep the operation of this Act under review;\n\nReturn to Work Act 1986 25\n(b) to make recommendations to the Minister on possible\nimprovements to the administration of this Act, or the statutory\nscheme for the rehabilitation and compensation of injured\nworkers in the Territory;\n(c) to carry out investigations, at the request of the Minister, into\nquestions about the rehabilitation and compensation of injured\nworkers and to report to the Minister on the results of the\ninvestigations;\n(d) to perform any other advisory functions relating to workers\nrehabilitation and compensation as the Minister directs.\n","sortOrder":28},{"sectionNumber":"10","sectionType":"section","heading":"Membership of Council","content":"10 Membership of Council\n(1) The Council consists of:\n(a) the person constituting the Authority under section 4(3) of the\nWork Health Administration Act 2011; and\n(b) not more than 10 other members appointed by the Minister.\n(2) The membership of the Council must:\n(a) include members with a wide range of experience extending\nas far as possible across all major industry sectors in the\nTerritory; and\n(b) include representatives of organisations representing\nemployers, and representatives of organisations representing\nemployees, in equal or approximately equal numbers; and\n(c) include persons with expertise in the rehabilitation of injured\n(d) include persons with expertise in the insurance industry.\n(3) Before making an appointment to the Council, the Minister must:\n(a) invite recommendations for appointment to the Council from\ninterested organisations and persons; and\n(b) consider all recommendations made in response to the notice.\n(4) The invitation must be published in the Gazette and in any other\nway the Minister considers appropriate.\n\nReturn to Work Act 1986 26\n","sortOrder":29},{"sectionNumber":"11","sectionType":"section","heading":"Terms and conditions of appointment","content":"11 Terms and conditions of appointment\n(1) The term of appointment for an appointed member of the Council is\nto be a term, not exceeding 2 years, specified in the instrument of\nappointment.\n(2) An appointed member is, at the end of a term of appointment,\neligible for re-appointment.\n(3) A person ceases to be an appointed member of the Council if the\nperson:\n(a) resigns by notice of resignation given to the Minister; or\n(b) comes to the end of a term of appointment and is not\nre-appointed; or\n(c) is removed from office by the Minister under subsection (4).\n(4) The Minister may remove an appointed member of the Council from\noffice if the member:\n(a) is absent, without the Minister's permission, from\n3 consecutive meetings of the Council; or\n(b) becomes bankrupt or applies to take the benefit of a law for\nthe relief of bankrupt or insolvent debtors; or\n(c) becomes physically or mentally incapable of satisfactorily\ncarrying out the duties of a member of the Council; or\n(d) is guilty of misbehaviour.\n","sortOrder":30},{"sectionNumber":"12","sectionType":"section","heading":"Chair and Deputy Chair","content":"12 Chair and Deputy Chair\n(1) The Chair of the Council is to be an appointed member of the\nCouncil appointed by the Minister to be the Chair.\n(2) The Minister may appoint another appointed member of the Council\nto be the Deputy Chair.\n(3) If the Chair is absent or unavailable to carry out official functions,\nthe Deputy Chair is to act as the Chair.\n(4) A reference to the Chair extends, while the Deputy Chair is acting\nas the Chair, to the Deputy Chair.\n","sortOrder":31},{"sectionNumber":"13","sectionType":"section","heading":"Meetings of Council","content":"13 Meetings of Council\n(1) Meetings of the Council are convened by the Chair.\n\nReturn to Work Act 1986 27\n(2) A meeting of the Council must be convened:\n(a) whenever the Chair considers a meeting necessary to deal\nwith the Council's business (but at least once in each quarter);\nand\n(b) whenever the Minister directs the Chair to convene a meeting.\n(3) The Chair must preside at all meetings of the Council.\n(4) At a meeting of the Council:\n(a) the Chair and not less than half of the number of other\nmembers constitute a quorum; and\n(b) questions arising for decision are determined by majority vote\nand, if the votes are equal, the Chair has a casting vote as\nwell as a deliberative vote; and\n(c) the Council determines, subject to this Act, its own\nprocedures.\n(5) The Council must keep records of its proceedings.\n","sortOrder":32},{"sectionNumber":"14","sectionType":"section","heading":"Council subcommittees","content":"14 Council subcommittees\n(1) The Council may establish subcommittees to assist or advise the\nCouncil in carrying out any aspect of the Council's functions.\n(2) A subcommittee may consist entirely of Council members, partly of\nCouncil members and partly of members drawn from outside the\nCouncil, or entirely of members drawn from outside the Council.\n(3) The terms and conditions of appointment of a member of a\nsubcommittee are to be determined by the Minister.\n(4) The procedures of a subcommittee are, subject to any direction by\nthe Council or the Minister, to be as determined by the\nsubcommittee.\n","sortOrder":33},{"sectionNumber":"15","sectionType":"section","heading":"Annual report of Council","content":"15 Annual report of Council\n(1) The Council must submit a report to the Minister for each financial\nyear.\n(2) The report must cover:\n(a) the work of the Council and its subcommittees for the relevant\nfinancial year; and\n(b) the operation of this Act during the relevant financial year.\n\nReturn to Work Act 1986 28\n(3) The report must be submitted on or before 30 September of the\ncalendar year in which the financial year ends.\n(4) The Minister must table the report in the Legislative Assembly\nwithin 6 sitting days after receiving the report.\n","sortOrder":34},{"sectionNumber":"49","sectionType":"section","heading":"Interpretation for Part 5","content":"49 Interpretation for Part 5\n(1) In this Part:\naccredited vocational rehabilitation provider means a person,\nAgency or body approved under section 50(1).\ndependant, in relation to a worker, means:\n(a) a spouse or other member of the worker's family;\n(b) a person to whom the worker stood in loco parentis or who\nstood in loco parentis to the worker;\n(c) a grandchild of the worker,\nwho was wholly or in part dependent on his or her earnings at the\ndate of his or her death or who would but for the worker's incapacity\ndue to the injury resulting in his or her death, have been so\ndependent.\nenrolled nurse means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the nursing profession (other than as a student);\nand\n(b) in the enrolled nurses division of that profession.\nfamily, in relation to an Aboriginal or Torres Strait Islander, includes\nall persons who are members of the person's family according to\nthe customs and traditions of the particular community of\nAboriginals or Torres Strait Islanders with which the person\nidentifies.\nhospital treatment, in relation to a worker, means treatment at a\nhospital within or outside the Territory, and includes his or her\nmaintenance as a patient at the hospital, the provision or supply by\nthe hospital of nursing attendants, medicine, medical or surgical\n\nReturn to Work Act 1986 29\nsupplies or other curative apparatus and all other ancillary services.\nmedical, surgical and rehabilitation treatment, in relation to a\nworker, includes:\n(a) an attendance, examination or treatment on or of the worker\nby:\n(i) a medical practitioner; or\n(ii) a person registered under the Health Practitioner\nRegulation National Law (other than as a student) to\npractise in the Aboriginal and Torres Strait Islander\nhealth practice, chiropractic, dental, occupational\ntherapy, osteopathy, physiotherapy or psychology\nprofession; or\n(iv) another person that, if provided or carried out at the\nplace where the person normally provides services,\nwould be recognised for compensation purposes under a\nlaw providing for compensation to injured workers in that\nplace; and\n(b) the provision of a medical certificate of capacity by a person\nreferred to in paragraph (a) required by the worker, a\ndependant of the worker or the worker's legal personal\nrepresentative for a purpose relating to the operation of this\nPart; and\n(c) the provision for the worker of:\n(i) prostheses;\n(ii) crutches and other walking aids; or\n(iii) spectacles,\nincluding the necessary repair, adjustment or replacement of\nthose items; and\n(d) in relation to a claim under this Part, the repair or replacement\nof items of the kind referred to in paragraph (c) which were\ndamaged or destroyed at the time of the injury giving rise to\nthe claim; and\n(e) the provision of medical or surgical aids to rehabilitation or of\ncurative appliances, apparatus or materials for the worker,\notherwise than when a patient is in a hospital; and\n\nReturn to Work Act 1986 30\n(f) the provision of medicines or curative apparatus, appliances\nor materials for workers by a person registered under the\nHealth Practitioner Regulation National Law to practise in the\npharmacy profession (other than as a student).\nmental stress means anxiety, depression or other mental condition\nthat affects a person's psychological, emotional or physical well-\nbeing.\nproceeding means a claim before the Court for compensation or a\nmatter or question incidental to such a claim.\nregistered nurse means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the nursing profession (other than as a student);\nand\n(b) in the registered nurses division of that profession.\nspouse, in relation to a person, includes a de facto partner of the\nperson.\nworker, in relation to an employer, includes a person formerly\nemployed as a worker by the employer where the worker became\neligible for compensation in respect of an injury arising out of or in\nthe course of employment with that employer.\n(2) A reference in this Part to a fly-in fly-out worker or a drive-in\ndrive-out worker is to be construed as it is for the purposes of the\nFringe Benefits Tax Assessment Act 1986 (Cth).\n","sortOrder":35},{"sectionNumber":"49A","sectionType":"section","heading":"Calculation of worker's normal weekly earnings","content":"49A Calculation of worker's normal weekly earnings\n(1) This section applies when normal weekly earnings are to be\ncalculated for a worker who is entitled to compensation under this\nAct.\n(2) Subject to this section, the worker's normal weekly earnings\nimmediately before the first compensation date are the gross\nremuneration paid to the worker by:\n(a) the employer liable to compensate the worker; and\n(b) any other employer for whom the worker ordinarily works.\n\nReturn to Work Act 1986 31\n(3) The following are included in the calculation of the worker's normal\nweekly earnings:\n(a) if the worker works overtime in accordance with a regular and\nestablished pattern – the amount of the wages attributable to\nthat overtime;\n(b) any over-award payment received by the worker;\n(c) any climate allowance, district allowance, leading hand\nallowance, qualification allowance, shift allowance (if the\nworker works shiftwork in accordance with a regular and\nestablished pattern) or service grant received by the worker;\n(d) unless the worker is a fly-in fly-out worker or drive-in drive-out\nworker – the value (not exceeding, in the aggregate, 35% of\naverage weekly earnings) of any electricity, meals or\naccommodation provided to the worker by an employer in a\nform other than an amount of money paid or credited to the\n(4) The following are not included in the calculation of the worker's\nnormal weekly earnings:\n(a) a superannuation contribution made by the worker's employer;\n(b) the amount of wages attributable to overtime other than as\nmentioned in subsection (3)(a);\n(c) an allowance or grant not mentioned in subsection (3)(c);\n(d) an amount for electricity, meals or accommodation other than\nas mentioned in subsection (3)(d);\n(e) any other remuneration paid by an employer to the worker in a\nform other than an amount of money paid or credited to the\n(5) The following applies for the calculation of the worker's normal\nweekly earnings:\n(a) if, immediately before the first compensation date, the\nremuneration paid to a worker by a particular employer did not\nvary from week to week – the portion of the normal weekly\nearnings provided by that employer must be calculated as\nbeing equal to the amount of the weekly remuneration;\n(b) if, immediately before the first compensation date, the\nremuneration paid to the worker by a particular employer\nvaried from week to week – the portion of the normal weekly\n\nReturn to Work Act 1986 32\nearnings provided by that employer must be calculated as\nequal to the relevant average remuneration from that\nemployer;\n(c) the normal weekly earnings in respect of the worker's\nemployment with the employer liable to compensate the\nworker must be calculated under this paragraph instead of\nunder paragraph (a) or (b) and are equal to the all-employer\naverage remuneration if:\n(i) the worker had been in employment with that employer\nfor less than 4 weeks immediately before the first\ncompensation date; and\n(ii) it is impracticable to calculate the normal weekly\nearnings of the worker, having regard both to the\nworker's period of employment with the employer and\nthe period during which the worker likely would have\ncontinued to work for the employer had the injury not\noccurred;\n(d) if it is relevant whether a regular and established pattern of\novertime or shiftwork was worked for a particular employer\nimmediately before the first compensation date:\n(i) if the worker was in employment with the employer for at\nleast 6 months before the first compensation date –\nregard must be had to the overtime or shiftwork that the\nworker worked for that employer during the 6 months\nimmediately before the first compensation date; or\n(ii) otherwise – regard must be had to the following:\n(A) the overtime or shiftwork that the worker worked for\nthat employer; and\n(B) whether, in the normal course of that employment,\nthe worker would likely have worked overtime or\nshiftwork had the injury not occurred;\n(e) if there is doubt about the method to be used for the\ncalculation of the worker's normal weekly earnings – the\nmethod of calculation that results in the greatest amount being\ncalculated as the worker's normal weekly earnings must be\nused.\n\nReturn to Work Act 1986 33\n(6) For subsection (2)(b), a worker ordinarily works for an employer\nimmediately before the first compensation date if:\n(a) the worker was in employment with the employer on the first\ncompensation date; and\n(b) the worker had been in employment with the employer for at\nleast 6 weeks immediately before the first compensation date.\n(7) In this section:\nall-employer average remuneration, in relation to remuneration\npaid to a worker immediately before the first compensation date,\nmeans the average of the worker's total remuneration from all\nemployers for all weeks of paid employment during the period of\n12 months that ends immediately before the first compensation\ndate.\nrelevant average remuneration, in relation to remuneration paid to\na worker by an employer immediately before the first compensation\ndate, means the average of the worker's total remuneration from\nthe employer for all weeks of paid employment during the period of\n12 months that ends immediately before the first compensation\ndate.\n","sortOrder":36},{"sectionNumber":"50","sectionType":"section","heading":"Accredited vocational rehabilitation providers","content":"50 Accredited vocational rehabilitation providers\n(1) The Authority may, in writing, approve a person, Agency or body as\nan accredited vocational rehabilitation provider.\n(2) Approval under subsection (1) is not to be given unless the\nAuthority considers that the person, Agency or body is capable of\nproviding vocational rehabilitation under this Act and the person,\nAgency or body meets standards approved by the Authority.\n(3) An approval under subsection (1) is subject to the conditions, if any,\ndetermined by the Authority.\n(4) An injured worker who participates in a rehabilitation program or\nworkplace based return to work program under this Act is not liable\nfor any fees or other cost in relation to the program if it is provided\nby a person who, or an Agency or body that, is not an accredited\nvocational rehabilitation provider.\n(5) An accredited vocational rehabilitation provider must not\ncontravene or fail to comply with a condition to which the approval\nunder subsection (1) is subject.\n\nReturn to Work Act 1986 34\n(6) A person, Agency or body must not hold out that the person,\nAgency or body is an accredited vocational rehabilitation provider\nunless the person, Agency or body is approved under\n(7) A person, Agency or body must not provide vocational rehabilitation\nservices to an injured worker under this Act unless the services are\nprovided by an accredited vocational rehabilitation provider.\nMaximum default penalty: 8 penalty units.\n50AA Accredited vocational rehabilitation providers in other\njurisdictions\nDespite section 50, a person or body is considered to be an\naccredited vocational rehabilitation provider for this Act to the extent\nthat they provide vocational rehabilitation services to an injured\n(a) if the person or body is an accredited vocational rehabilitation\nprovider (by whatever name called) under the law of another\njurisdiction; and\n(b) if the services are provided to the injured worker in that\njurisdiction.\n","sortOrder":37},{"sectionNumber":"50A","sectionType":"section","heading":"Eligibility of firefighter for compensation for prescribed","content":"50A Eligibility of firefighter for compensation for prescribed\ndisease\n(1) Despite any other provision of this Act, but subject to section 203A,\nunless a contrary intention is established, a disease is taken to\nhave been contracted by a worker in the course of a period of\nemployment, and the employment is taken to have materially\ncontributed to the worker's contraction of the disease, if the\nfollowing conditions are met:\n(a) the worker is or was a firefighter;\n(b) the disease is a prescribed disease;\n(c) the worker:\n(i) is, on the onset day for the prescribed disease, working\nas an active firefighter and had been so working for a\nperiod at least as long as the prescribed qualifying\nperiod for the prescribed disease; or\n\nReturn to Work Act 1986 35\n(ii) had been, within the 10 years immediately preceding\nthat onset day, working as an active firefighter and had\nbeen so working for a period at least as long as the\nprescribed qualifying period for the prescribed disease;\n(d) that onset day is on or after 4 July 2011.\n(2) All periods during which a worker is working, or worked, as an\nactive firefighter are to be added together for the calculation of the\nrelevant prescribed qualifying period.\n(3) For this section:\nfirefighter includes a person who is one of the following:\n(a) a volunteer firefighter;\n(b) a fire control officer (including a senior fire control officer or the\nchief fire control officer) appointed under the Bushfires\nManagement Act 2016;\n(c) a worker employed by the Territory for the prevention or\ncontrol of bushfires who is also a fire warden appointed under\nsection 43 of the Bushfires Management Act 2016.\nonset day, in relation to a worker and a prescribed disease, means\nthe earliest of the following:\n(a) the day on which the worker is first diagnosed by a medical\npractitioner as having contracted the prescribed disease;\n(b) the day on which the worker becomes incapacitated for work,\nif the prescribed disease resulted in, or materially contributed\nto, the incapacity;\n(c) the day on which the worker dies, if the prescribed disease\nresulted in, or materially contributed to, the death.\nprescribed disease means a disease prescribed by regulation.\nvolunteer firefighter means a natural person to whom section 3(8)\nor (8A) applies.\n\nReturn to Work Act 1986 36\nworking as an active firefighter, in relation to a worker at a\nparticular time or during a particular period, means:\n(a) if the worker is a volunteer firefighter at the particular time or\nduring the particular period:\n(i) the worker is working as a volunteer firefighter at the\ntime or during the period and, while so working, is\nactively involved in fighting fires; and\n(ii) the worker is exposed to the hazards of not fewer than\nthe prescribed number of fires within any period:\n(A) during which the worker is so working as a\nvolunteer firefighter; and\n(B) that is at least as long as the relevant prescribed\nfirefighting period; or\n(b) if the worker is a firefighter (including a person appointed to be\nan auxiliary member under the Fire and Emergency Act 1996)\nother than a volunteer firefighter – the worker was required\nunder his or her contract of employment to be exposed to the\nhazards of fighting fires.\n","sortOrder":38},{"sectionNumber":"51","sectionType":"section","heading":"Application to sailors","content":"51 Application to sailors\n(2) This Act applies with the following modifications in respect of a\ndisability occurring to a Territory worker employed on a ship:\n(a) except where the sailor is the master, the notice of injury and\nthe claim for compensation may be served on the master of\nthe ship as if the master were the employer;\n(b) if the injury is sustained and the incapacity commences on\nboard the ship, it shall not be necessary to give any notice of\ninjury;\n(c) a claim for compensation in respect of the death of a sailor\nshall be made within 6 months after notice of the death has\nbeen received by the claimant;\n(d) if a ship is lost with all hands, a claim for compensation in\nrespect of the death of a sailor shall be made within\n18 months after the date on which the ship shall be deemed\nunder subsection (3) to have been lost with all hands;\n\nReturn to Work Act 1986 37\n(e) if a sailor dies without leaving any dependants, compensation\nis not payable if the owner or charterer of the ship is liable\nunder a law in force in the Territory to pay the expenses of the\nburial or disposal of human remains;\n(f) weekly payments shall not be payable in respect of a period\nduring which the owner or charterer of the ship is liable to pay\nthe expenses of maintenance of an injured sailor; and\n(g) notwithstanding any limitation of liability in any other law in\nforce in the Territory, compensation shall be paid in full.\n(3) Without prejudice to any other means of proof available, for\nproceedings under this Act:\n(a) a ship is taken to have been lost with all hands on board if:\n(i) the ship was expected to arrive at a port at a time; and\n(ii) the ship did not arrive and has not been heard of for at\nleast 12 months since that time; and\n(b) an official list of the crew, or the certificate of a proper\nauthority stating that certain sailors were on board the ship, in\nthe absence of proof to the contrary, is sufficient evidence that\nthe sailors were on board the ship at the time of its loss.\n","sortOrder":39},{"sectionNumber":"52","sectionType":"section","heading":"Abolition of certain rights to bring action","content":"52 Abolition of certain rights to bring action\n(1) Subject to section 189, no action for damages in favour of a worker\nor a dependant of a worker shall lie against:\n(a) the employer of the worker;\n(b) any person who, at the relevant time, was a worker employed\nby the same employer as the deceased or injured worker; or\n(c) the Nominal Insurer,\nin respect of:\n(d) an injury to the worker; or\n(e) the death of the worker:\n(i) as a result of; or\n(ii) materially contributed to by,\nan injury.\n\nReturn to Work Act 1986 38\n(1A) In subsection (1) injury does not include an injury inflicted or\ncaused by, or as the result of an action or omission of, a worker\nemployed by the same employer as the deceased or injured worker\nin circumstances in which the employer of the worker would not be\nliable under section 22A of the Law Reform (Miscellaneous\nProvisions) Act 1956 to indemnify the first-mentioned worker in\nrelation to any liability incurred by him or her or her in relation to the\ninjury.\n(2) The purpose of subsection (1) is to ensure that, so far as the\nlegislative power of the Legislative Assembly permits, no action for\ndamages at common law shall lie in the Territory or otherwise in the\ncircumstances described in that subsection and nothing in this Act\nshall be construed as derogating from that purpose.\n(3) Except as provided by this Act, no action for compensation or a\nbenefit of any kind by a worker or a dependant of a worker shall lie\nin the Territory against the employer of the worker in respect of:\n(a) an injury to the worker; or\n(b) the death of the worker:\n(i) as a result of; or\n(ii) materially contributed to by,\nan injury.\n","sortOrder":40},{"sectionNumber":"53","sectionType":"section","heading":"Compensation in respect of injuries","content":"53 Compensation in respect of injuries\n(1) Subject to this Part, if a Territory worker suffers an injury within or\noutside the Territory and that injury results in or materially\ncontributes to his or her:\n(a) death;\n(b) impairment; or\n(c) incapacity,\nthere is payable by his or her employer to the worker or the\nworker's dependants, in accordance with this Part, such\ncompensation as is prescribed.\n(2) Compensation under this Act is payable only in respect of\nemployment that is connected with the Territory.\n\nReturn to Work Act 1986 39\n(3) The fact that a worker is outside the Territory when the worker\nsuffers an injury does not prevent compensation being payable\nunder this Act in respect of employment that is connected with the\n(4) Compensation under this Act does not apply in respect of the\nemployment of a worker on a ship if the Seafarers Rehabilitation\nand Compensation Act 1992 (Cth) applies to the worker's\nemployment.\n53AA Worker's employment connected with a State\n(1) A worker's employment is connected with a particular jurisdiction if:\n(a) the worker usually works in that employment in that\njurisdiction; or\n(b) if no jurisdiction or no one jurisdiction is identified by\nparagraph (a) – the worker is usually based in the jurisdiction\nfor the purposes of that employment; or\n(c) if no jurisdiction or no one jurisdiction is identified by\nparagraph (a) or (b) – the principal place of business in\nAustralia of the worker's employer is located in the jurisdiction.\n(2) If a worker is working on a ship and no jurisdiction or no one\njurisdiction is identified by subsection (1), the worker's employment\nis connected with the jurisdiction in which the ship is registered or (if\nthe ship is registered in more than one jurisdiction) the jurisdiction\nin which the ship most recently became registered.\n(3) If no jurisdiction is identified by subsection (1) (or, if applicable,\nsubsection (2)), the worker's employment is connected with the\nTerritory if:\n(a) the worker is in the Territory when the worker suffers an injury;\nand\n(b) there is no place outside Australia under the legislation of\nwhich the worker may be entitled to compensation for the\nsame matter.\n(4) In deciding whether a worker usually works in a particular\njurisdiction, regard must be had to:\n(a) the worker's work history with the employer over the preceding\nperiod of 12 months; and\n(b) the intentions of the worker and employer;\n\nReturn to Work Act 1986 40\nbut regard must not be had to any temporary arrangement under\nwhich the worker works in a particular jurisdiction for a period of not\nlonger than 6 months.\n(5) In deciding whether a worker is usually based in a particular\njurisdiction, regard may be had to the following matters:\n(a) the work location specified in a worker's contract of\n(b) the location the worker routinely attends during the term of\nemployment to receive directions or collect materials or\nequipment in relation to the work;\n(c) the location the worker reports to in relation to the work;\n(d) the location from which the worker's wages are paid.\n(6) In deciding the principal place of business in Australia of the\nworker's employer, regard may be had to the following matters:\n(a) the address registered on the Australian Business Register in\nconnection with the employer's Australian Business Number\n(ABN);\n(b) if the employer is not registered for an ABN, the State or\nTerritory indicated on the ASIC National Names Index as the\nprincipal place of business for the employer;\n(c) if the employer is not registered for an ABN and is not listed\non the National Names Index, the State or Territory indicated\nby the employer's business mailing address.\n(7) Subject to subsection (4) or (5), in deciding whether a worker\nusually works in a particular jurisdiction or is usually based in a\nparticular jurisdiction for the purposes of employment, regard must\nbe had to any period during which the worker works in a particular\njurisdiction or is in a particular jurisdiction for the purposes of\nemployment whether or not under the statutory workers'\ncompensation scheme of that jurisdiction the person is regarded as\na worker or as working or employed in that jurisdiction.\n(8) For subsection (2):\n(a) a ship is taken to be registered in the Territory if the ship is\nrequired to be surveyed under the Marine Safety National Law\nas defined in section 7(1) of the Marine Act 1981; and\n\nReturn to Work Act 1986 41\n(b) the registration of the ship is taken to be from:\n(i) for a vessel surveyed under the Marine Act 1981 – the\ndate of initial survey under that Act; or\n(ii) for a vessel exempted under section 75(2)(e) of the\nMarine Act – 1 January 1989; or\n(iii) for a vessel otherwise exempted under the Marine\nAct 1981 – the date of commencement of this section, or\nthe date of the vessel's arrival (or launch) in the\nTerritory, whichever is later.\n53AB Determination of jurisdiction with which worker's employment\nis connected\n(1) If the question of whether a worker's employment is connected with\nthe Territory arises in proceedings in a court in relation to a claim\nfor compensation under this Act, the court must:\n(a) determine, in accordance with section 53AA, the particular\njurisdiction with which the worker's employment is connected;\nand\n(b) cause that determination to be entered in the records of the\ncourt.\n(2) Subsection (1) does not apply if there is a determination that must\nbe recognised under section 53AC.\n53AC Recognition of previous determination\n(1) This section applies if a determination has been made as to the\nparticular jurisdiction with which a worker's employment is\nconnected by a court of the Territory, another Territory or a State.\n(2) The jurisdiction determined must be recognised for this Act as the\njurisdiction with which the worker's employment is connected.\n(3) This section does not prevent an appeal in relation to a\ndetermination.\n(4) If a determination is changed on appeal, subsection (2) applies in\nrelation to the changed determination.\n\nReturn to Work Act 1986 42\n","sortOrder":41},{"sectionNumber":"53A","sectionType":"section","heading":"Compensation in respect of contact with bodily fluids","content":"53A Compensation in respect of contact with bodily fluids\n(1) Subject to this Part, where a worker:\n(a) has come or may have come into contact with bodily fluid from\nanother person in the course of his or her employment; and\n(b) as a result, has a reasonable apprehension that he or she\nmay have contracted a disease,\nthe worker is entitled to be paid by the worker's employer:\n(c) the costs reasonably incurred by the worker for the purpose of\nobtaining medical tests in respect of that contact; and\n(d) the worker's salary or wages in full during any absence from\nhis or her workplace for the purpose of obtaining those\nmedical tests.\n(2) A payment made by an employer in pursuance of subsection (1)(c)\nor (d) is not to be taken to be an admission of liability by the\nemployer in respect of a disease that is or may be attributable to\nthe contact with bodily fluid.\n","sortOrder":42},{"sectionNumber":"54","sectionType":"section","heading":"Entitlement to compensation under other laws","content":"54 Entitlement to compensation under other laws\n(1) This section applies where, as a result of an injury caused to a\nworker, the worker or his or her dependants:\n(a) are entitled to:\n(i) compensation or damages under an applicable law; or\n(ii) a benefit from a superannuation scheme established\nunder an applicable law, other than a benefit financed by\nan employer's contributions made under an industrial\naward or agreement or by the worker's contributions;\nand\n(b) would, but for this section, be entitled to compensation under\nthis Part.\n(2) A person is not entitled to compensation under this Part if, in\nrespect of the injury:\n(a) compensation or damages have been paid or recovered under\nthe applicable law; or\n(b) an award of compensation or judgment for damages has been\nmade, given or entered under the applicable law.\n\nReturn to Work Act 1986 43\n(3) Where, in respect of the injury:\n(a) a person receives compensation under this Part; and\n(b) the person:\n(i) is paid or recovers compensation or damages under the\napplicable law;\n(ii) obtains an award of compensation or judgment for\ndamages under the applicable law;\n(iii) accepts a payment into court, or settles or compromises\na claim, under the applicable law; or\n(iv) is paid or is entitled to receive a benefit from a\nsuperannuation scheme established under the\napplicable law (other than a benefit financed by an\nemployer's contributions made under an industrial award\nor agreement or by the worker's contributions) because\nof incapacity resulting from the injury,\nthe worker's employer is entitled to recover from that person the\namount determined in pursuance of subsection (4).\n(4) The amount entitled to be recovered under subsection (3) is the\namount determined by a Fellow of the Institute of Actuaries of\nAustralia to be:\n(a) the discounted present value of compensation paid or payable\nto the person under this Part; or\n(b) equal to the amount of the compensation, damages, payment,\nsettlement, compromise or benefit paid or payable to the\nperson under the applicable law,\nwhichever is the lesser.\n(5) Where:\n(a) compensation or damages are received or are to be received\nby a person under an applicable law in respect of an injury to\na worker; and\n(b) a claim for compensation under this Part is made by a person\nin respect of an injury to the same worker,\n\nReturn to Work Act 1986 44\nunless the contrary is proved, it is to be presumed that the claim for\ncompensation under this Part is in respect of the same injury as the\ncompensation or damages received or to be received under the\napplicable law.\n(6) In this section, applicable law means:\n(a) a law of the Territory other than this Act;\n(b) a law of the Commonwealth; or\n(c) a law in force in a place outside the Territory.\n","sortOrder":43},{"sectionNumber":"55","sectionType":"section","heading":"Liability in relation to disease","content":"55 Liability in relation to disease\n(1) Subject to subsection (3), where a worker was employed by 2 or\nmore employers in employment the nature of which caused a\ndisease, compensation shall be recoverable from the employer who\nlast employed the worker in that employment.\n(2) A claimant for compensation recoverable as provided in\nsubsection (1) shall, if so requested by the employer from whom\ncompensation, if payable, is recoverable, furnish that employer with\nsuch information as the claimant possesses as to the names and\naddresses of other employers who employed the worker in\nemployment the nature of which caused the disease.\n(3) If the employer alleges that the disease was contracted while the\nworker was in the employ of some other employer, he or she may\njoin that other employer as a party to proceedings and, if the\nallegation is proved, compensation, if payable, is, subject to\nsubsection (4), recoverable from that other employer.\n(4) Where compensation is, pursuant to subsection (3), recoverable\nfrom an employer other than the employer who last employed the\nworker, and that first-mentioned employer proves to the satisfaction\nof the Court that the disease is being or was accelerated or\naggravated by the worker's later employment with a particular\nemployer or employers, the first-mentioned employer is entitled to\nrecover from that particular employer or those particular employers,\nas the case may be, in respect of that acceleration or aggravation,\nsuch amount or amounts:\n(a) as agreed between the insurer of the first-mentioned employer\nand the insurer or insurers of that particular employer or those\nparticular employers, as the case may be; or\n(b) in the absence of such agreement, as the Court determines.\n\nReturn to Work Act 1986 45\n(5) For the purposes of subsection (4), insurer shall, in relation to an\nemployer who is under section 120(2) approved to undertake the\nliability to pay compensation to his or her own workers, be\nconstrued as meaning that employer.\n","sortOrder":44},{"sectionNumber":"56","sectionType":"section","heading":"Payment of salary or wages for day of injury","content":"56 Payment of salary or wages for day of injury\n(1) A worker is entitled to be paid his or her salary or wages in full for\nthe day on which he or she sustained an injury in respect of which\ncompensation is payable under this Act.\n(2) An employer is not entitled to claim under his or her policy of\ninsurance or indemnity in respect of a payment referred to in\n","sortOrder":45},{"sectionNumber":"57","sectionType":"section","heading":"Compensation not payable in certain circumstances","content":"57 Compensation not payable in certain circumstances\nCompensation is not payable under this Part in respect of an injury\nto a worker:\n(a) that was deliberately self inflicted; or\n(b) (not being an injury resulting in his or her death or permanent\nor long-term incapacity) attributable to his or her serious and\nwilful misconduct.\n","sortOrder":46},{"sectionNumber":"58","sectionType":"section","heading":"Compensation payable in respect of heart attack or stroke","content":"58 Compensation payable in respect of heart attack or stroke\n(1) Compensation is payable under this Part in respect of a heart\nattack injury or a stroke injury to a worker only:\n(a) for a heart attack or stroke injury that arose in the course of, or\nwas caused by, a disease – if the worker's employment\nmaterially contributed to the injury or disease; or\n(b) for a heart attack or stroke injury that did not arise in the\ncourse of a disease and was not caused by a disease – if the\nworker's employment materially contributed to the injury.\n(2) In determining, for subsection (1), whether the worker's\nemployment materially contributed to the injury or disease:\n(a) the following must be taken into account:\n(i) the duration of the worker's employment with the\nemployer or employers who were the worker's\nemployers at the time of the injury or the onset of the\ndisease;\n(ii) the nature of the work performed;\n\nReturn to Work Act 1986 46\n(iii) the particular tasks of the employment;\n(iv) the probability of the injury or disease occurring if that\nemployment had not taken place;\n(v) the existence of any hereditary risks;\n(vi) the lifestyle of the worker;\n(vii) the activities of the worker outside the workplace; and\n(b) the material contribution of the worker's employment to the\ninjury or disease is to be determined in accordance with\nsection 4(8).\nheart attack injury means an injury to the heart, or a blood vessel\nsupplying blood to, or associated with, the heart, that consists of, is\ncaused by, results in or is associated with any of the following:\n(a) a heart attack;\n(b) a myocardial infarction;\n(c) a myocardial ischaemia;\n(d) angina, whether unstable or otherwise;\n(e) fibrillation, whether atrial, ventricular or otherwise;\n(f) an arrhythmia of the heart;\n(g) tachycardia, whether ventricular, supra ventricular or\notherwise;\n(h) harm or damage to the blood vessel or associated plaque;\n(i) an impairment, disturbance or alteration of blood, or blood\ncirculation, within the blood vessel;\n(j) an occlusion of the blood vessel, whether the occlusion is total\nor partial;\n(k) a rupture of the blood vessel, including a rupture of an\naneurism of the blood vessel;\n(l) a haemorrhage from the blood vessel;\n(m) an aortic dissection;\n\nReturn to Work Act 1986 47\n(n) any consequential physical harm or damage, including harm\nor damage to the brain;\n(o) any consequential mental harm or damage.\nstroke injury means an injury to the brain, or a blood vessel\nsupplying blood to, or associated with, the brain, that consists of, is\ncaused by, results in or is associated with any of the following:\n(a) a stroke;\n(b) a cerebral infarction;\n(c) a cerebral ischaemia;\n(d) a rupture of the blood vessel, including a rupture of an\naneurism of the blood vessel;\n(e) a subarachnoid haemorrhage;\n(f) a haemorrhage from the blood vessel;\n(g) harm or damage to the blood vessel or associated plaque;\n(h) an impairment, disturbance or alteration of blood, or blood\ncirculation, within the blood vessel;\n(i) an occlusion of the blood vessel, whether the occlusion is total\nor partial;\n(j) any consequential physical harm or damage, including\nneurological harm or damage;\n(k) any consequential mental harm or damage.\n","sortOrder":47},{"sectionNumber":"60","sectionType":"section","heading":"Exclusion of entitlement in respect of certain travel accidents","content":"60 Exclusion of entitlement in respect of certain travel accidents\n(1) A worker is not entitled to compensation in respect of an injury\nsustained whilst driving a motor vehicle, as defined in the Motor\nAccidents (Compensation) Act 1979, after having consumed\nalcoholic liquor where the consumption of that liquor materially\ncontributed to the accident giving rise to the injury, or while under\nthe influence of a drug.\n(2) It is to be presumed that the consumption of the alcoholic liquor\nmaterially contributed to the accident giving rise to the injury, unless\nthe contrary is proved, if the worker had at the time of the accident\na concentration of alcohol:\n(a) in the breath of 0.08 grams or more per 210 litres of exhaled\nbreath; or\n\nReturn to Work Act 1986 48\n(b) in the blood of 0.08 grams or more per 100 millilitres of blood.\n(3) Nothing in this section affects an entitlement to compensation under\nSubdivision A or D of Division 3 or Division 4.\n","sortOrder":48},{"sectionNumber":"61","sectionType":"section","heading":"Settling of journey claims","content":"61 Settling of journey claims\n(1) For the purposes of determining whether an injury to a worker\nsustained in a motor accident arose out of or in the course of the\nworker's employment, regard is to be had to the document called\n\"Guidelines for the Settling of Journey Claims\" published by or on\nbehalf of the Authority.\n(2) Where:\n(a) despite having regard to the document referred to in\nsubsection (1), it remains in dispute as to whether\ncompensation is payable under this Act or the MAC Act; and\n(b) but for this Act, compensation would be payable under the\nMAC Act,\ncompensation is payable under the MAC Act until it is determined\nthat compensation is payable under this Act.\n(3) Where:\n(a) compensation has been paid under the MAC Act in pursuance\nof subsection (2); and\n(b) it is determined that compensation should have been paid\nunder this Act,\nthe MAC Commission:\n(c) is entitled to recover the amount paid under the MAC Act from\nthe worker's employer; and\n(d) may claim compensation under this Act on behalf of the\nperson to whom compensation should have been paid under\nthis Act.\n(4) For the purposes of subsection (3)(d), anything required or\npermitted to be done under this Act by a worker in respect of a\nclaim for compensation is to be taken to be required or permitted to\nbe done by the MAC Commission.\nMAC Act means the Motor Accidents (Compensation) Act 1979.\n\nReturn to Work Act 1986 49\nMAC Commission means the Commission as defined in section 3\nof the Motor Accidents (Compensation) Commission Act 2014.\nmotor accident, see section 4(1) of the Motor Accidents\n(Compensation) Act 1979.\n","sortOrder":49},{"sectionNumber":"61A","sectionType":"section","heading":"Maximum benefits","content":"61A Maximum benefits\n(1) This section applies to a worker to whom compensation is payable\nin accordance with section 65(1BA) or (1D), in respect of an injury.\n(2) The worker is entitled to be paid compensation under this Division\nas follows:\n(a) if the worker has been paid compensation under section 65 in\nrespect of the injury for a period of 260 weeks in the\naggregate:\n(i) no other compensation under section 65 is payable to\nthe worker in respect of the injury; and\n(ii) no other compensation under this Part, other than under\nsection 71, is payable to the worker in respect of the\ninjury for a cost that was incurred after 12 months after\nthe end of the last of the 260 weeks;\n(b) if, because of the operation of section 65(1D), compensation\nis to be paid to a worker under section 65, other than a worker\nwho suffers relevant permanent impairment at a percentage of\nthe whole person equal to not less than 15%, in respect of an\ninjury for a period of weeks shorter than the period of\n260 weeks mentioned in paragraph (a) (the shorter period):\n(i) no compensation under section 65 is payable to the\nworker in respect of the injury and in respect of a period\nafter the end of the shorter period; and\n(ii) no other compensation under this Part, other than under\nsection 71, is payable to the worker in respect of the\ninjury for a cost that is incurred after a period that ends\nmore than 12 months after the end of the last of the\nrelevant number of weeks.\n\nReturn to Work Act 1986 50\n(2A) In this section, a reference to a week, in relation to payment, or\nrelevant number of weeks, in relation a shorter period, means the\nnumber of weeks obtained when the number of weeks in the\nshorter period is subtracted from 260 weeks.\n","sortOrder":50},{"sectionNumber":"61B","sectionType":"section","heading":"Notice of change of entitlement to compensation","content":"61B Notice of change of entitlement to compensation\n(1) This section applies when a statutory event is about to occur in\nrelation to compensation payable to a worker.\n(2) The employer of the worker must give the worker notice of the\n(a) the date on which the statutory event is scheduled to occur;\n(b) an explanation of the effect of the statutory event on the\ncompensation payable to the worker;\n(c) unless the statutory event is one mentioned in paragraph (a)\nof the definition statutory event in subsection (5) – a\nstatement of the effect of section 61A.\n(3) The notice must be in writing and given to the worker by:\n(a) delivering it personally to the worker; or\na person who has apparently attained the age of 16 years at\nthe worker's address as shown in the claim form given to or\nserved on the employer under section 82; or\n(c) sending it in a properly addressed envelope by pre-paid post\nto the worker at the worker's address as mentioned in\nparagraph (b), in which case the notice is considered to have\nbeen given when the envelope is posted.\n(4) Despite any other provision of this Act, the change to the\ncompensation payable to the worker that results from the\noccurrence of the statutory event takes effect on the later of the\nfollowing days:\n(a) the day that is 14 days after the employer gives the notice to\nthe worker;\n\nReturn to Work Act 1986 51\n(b) the day on which the statutory event occurs.\nstatutory event, in relation to compensation payable to a worker\nfor an injury, means one of the following:\n(a) the end of the last of the weeks during which compensation is\nto be paid to the worker under section 64;\n(b) the end of the last week in the period of 260 weeks in the\naggregate mentioned in section 65(1BA);\n(c) the attainment of the worker's normal retiring age or future\npension age, as relevant, as mentioned in section 65(1D);\n(d) the end of the 104 weeks mentioned in section 65(1D)(c).\n","sortOrder":51},{"sectionNumber":"62","sectionType":"section","heading":"Lump-sum compensation in respect of death","content":"62 Lump-sum compensation in respect of death\n(1) Subject to subsection (2), where the death of a worker results from\nor is materially contributed to by an injury, there is payable:\n(a) to the person liable to meet the expense of the worker's\nfuneral, a funeral benefit equal to:\n(i) the cost of the funeral; or\n(ii) the prescribed amount,\nwhichever is the lesser amount; and\n(b) for the benefit of the worker's dependants:\n(i) where the dependants are a spouse, a child or children,\nor a spouse and a child or children, the prescribed\nproportions; or\n(ii) such proportions as the Court determines on an\napplication under subsection (2) having regard to the\nrelative needs and degrees of dependency of the\ndependants,\nof an amount equal to 364 times average weekly earnings at\nthe time the payment is made; and\n\nReturn to Work Act 1986 52\n(c) for the benefit of the worker's dependants – the reasonable\ncosts (not exceeding, in the aggregate, any amount prescribed\nby regulation) of one or both of the following:\n(i) counselling services provided to them by a counselling\nprofessional;\n(ii) expert financial advice.\n(2) For the purposes of subsection (1)(b), a person claiming to be a\ndependant of the deceased worker may, in the prescribed form,\napply to the Court for a determination under that subsection.\n(3) For the purposes of subsection (1)(b)(i), the prescribed proportions\nare those specified in column 2 of the Table in respect of the\ndependants specified opposite in Column 1 of that Table.\nTABLE\nColumn 1 Column 2\nDependants Proportion\nSpouse 100%\none child 100%\n2 or more children Equally between children\nSpouse and one child 10% to child, balance to spouse\nSpouse and not more than\n5 children\n5% to each child, balance to spouse\nSpouse and more than\n5 children\n25% divided equally between children,\nbalance to spouse\n(4) Except where the Court orders otherwise, an amount payable under\nthis section for the benefit of a dependant who is a child of a worker\nshall be paid, where the child has not attained the age of 18 years,\nto the Public Trustee appointed under the Public Trustee Act 1979\nwho shall hold the amount on trust for the benefit of that child until\nthe child attains the age of 18 years.\ncounselling professional means:\n(a) a medical practitioner, registered psychologist or social\nworker; or\n(b) a counsellor who has qualifications recognised by the\nAuthority.\n\nReturn to Work Act 1986 53\ncounselling service means a service provided to a worker's\ndependants to assist them to cope with the psychological impact of\nthe death of the worker.\n","sortOrder":52},{"sectionNumber":"63","sectionType":"section","heading":"Prescribed children's benefits","content":"63 Prescribed children's benefits\n(1) In addition to any amount payable under section 62(1)(b) to or for\nthe benefit of a prescribed child who is a dependant, subject to\nsubsection (2), there shall be paid to or for the benefit of each\nprescribed child of a deceased worker an amount per week equal to\n10% of average weekly earnings at the time the payment is made.\n(2) The aggregate of all amounts paid or payable per week under\nsubsection (1) shall not exceed 100% of average weekly earnings\nand where there are more than 10 prescribed children entitled to\ncompensation under that subsection they shall be entitled in equal\nshares to an amount equal to 100% of average weekly earnings at\nthe time the payment is made.\nprescribed child means a child of the deceased worker, or a child\nin relation to whom the deceased worker stood in loco parentis, and\nwho:\n(a) has not attained the age of 16 years; or\n(b) having attained that age but not having attained the age of\n21 years, is a full-time student or is physically or mentally\nhandicapped,\nother than such a child who is the spouse of another person.\n","sortOrder":53},{"sectionNumber":"64","sectionType":"section","heading":"Compensation during first 26 weeks of incapacity","content":"64 Compensation during first 26 weeks of incapacity\n(1) This section applies to a worker who is totally or partially\nincapacitated for work as the result of an injury.\n(2) Subject to this section, the worker is entitled to be paid\ncompensation as follows:\n(a) from the date on which a medical practitioner first certifies that\nthe worker is totally or partially incapacitated for work and that\nthe injury is the reason for, or materially contributed to, the\nincapacity;\n\nReturn to Work Act 1986 54\n(b) in respect of any period during which the worker is certified by\na medical practitioner to be totally or partially incapacitated for\nwork, if the injury was the reason for, or materially contributed\nto, the incapacity.\n(3) The weekly amount of the compensation is calculated as the\ndifference between the following amounts:\n(a) the amount that the worker actually earned in employment\nduring the week;\n(b) the worker's normal weekly earnings immediately before the\nfirst compensation date.\n(4) The weekly amount is in addition to any other compensation to\nwhich the worker is entitled under this Part.\n(5) The maximum number of weeks during which compensation is\npayable under this section need not be a continuous period, but\nmay be made up of more than one period of weeks, so long as the\nfollowing conditions are met:\n(a) the total number of weeks does not exceed 26;\n(b) a medical practitioner certifies that the worker is totally or\npartially incapacitated during each of those weeks;\n(c) the injury was the reason for, or materially contributed to, the\nincapacity during each of those weeks;\n(d) the worker suffered actual economic loss during each of those\nweeks as a result of the incapacity.\n(5A) A reference in subsection (5) to a week, in relation to payment, or\n(6) If a worker retires before the end of a period during which the\nworker would otherwise be entitled to compensation under this\nsection:\n(a) the retirement does not affect the worker's entitlement to\n(b) the weekly amount of compensation continues to be\ncalculated after the retirement as if the worker's normal weekly\nearnings continued despite the retirement.\n\nReturn to Work Act 1986 55\n(7) This section is subject to sections 65A and 65B.\n","sortOrder":54},{"sectionNumber":"65","sectionType":"section","heading":"Long-term incapacity","content":"65 Long-term incapacity\n(1) This section applies to a worker who is totally or partially\nincapacitated for work as the result of an injury out of which his or\nher incapacity arose or that materially contributed to his or her\n(1B) A worker to whom this section applies must be paid compensation,\nin accordance with subsections (1BA) to (1D), equal to whichever of\nthe following is the lesser at the time the payment is made:\n(a) 75% of the worker's loss of earning capacity;\n(b) 150% of average weekly earnings.\n(1BA) Compensation under this Subdivision for a worker, other than a\nworker who suffers relevant permanent impairment at a percentage\nof the whole person equal to not less than 15%:\n(a) is payable under this section for a period that does not exceed\na period of 260 weeks in the aggregate (which includes the\nfirst 26 weeks for which compensation is payable under\nsection 64) in respect of the injury; and\n(b) is otherwise subject to this Part.\n(1C) Compensation under subsection (1B):\n(a) is payable to a worker only after the first 26 weeks of\nincapacity (for which compensation is payable under\nsection 64 to the worker); and\n(b) is in addition to any other compensation to which, under this\nPart, the worker is entitled; and\n(c) is otherwise subject to this Part.\nNote for subsection (1C)\nCompensation under this section and section 64 is not payable for the same\nperiod. That is, a worker is not entitled to double dip for the first 26 weeks of\n(1D) The following applies for the calculation of the period during which\ncompensation is to be paid to a worker under this section:\n(a) if the worker's injury date is 2 years or more before the date\non which the worker attains the worker's future pension age\nand the worker suffers relevant permanent impairment at a\npercentage of the whole person equal to not less than 15% –\n\nReturn to Work Act 1986 56\nthe compensation is to be paid:\n(i) if the worker's normal retiring age is later than the\nworker's future pension age – until the worker attains the\nworker's normal retiring age; or\n(ii) otherwise – until the worker attains the worker's future\npension age;\n(b) if the worker's injury date is 2 years or more before the date\non which the worker attains the worker's future pension age\nand the worker suffers relevant permanent impairment at a\npercentage of the whole person equal to less than 15% – the\ncompensation is to be paid:\n(i) if the worker's normal retiring age is later than the\nworker's future pension age – until the earlier of the\n(A) the end of the last week in the period of 260 weeks\nin the aggregate mentioned in subsection (1BA);\n(B) the date on which the worker attains the worker's\nnormal retiring age; or\n(ii) otherwise – until the earlier of the following:\n(A) the end of the last week in the period of 260 weeks\nin the aggregate mentioned in subsection (1BA);\n(B) the date on which the worker attains the worker's\nfuture pension age; or\n(c) the compensation is to be paid for 104 weeks from the injury\ndate if:\n(i) the worker's normal retiring age is later than the worker's\nfuture pension age and the injury date is less than\n2 years before the date on which the worker attains the\nworker's normal retiring age; or\n(ii) the worker's normal retiring age is later than the worker's\nfuture pension age and the injury date is on or after the\ndate on which the worker attains the worker's normal\nretiring age; or\n(iii) the worker's normal retiring age is not later than the\nworker's future pension age and the injury date is less\nthan 2 years before the date on which the worker attains\nthe worker's future pension age; or\n\nReturn to Work Act 1986 57\n(iv) the worker's normal retiring age is not later than the\nworker's future pension age and the injury date is on or\nafter the date on which the worker attains the worker's\nfuture pension age.\n(2) For the purposes of this section, loss of earning capacity in relation\nto a worker is the difference between:\n(a) his or her normal weekly earnings indexed in accordance with\nsubsection (3); and\n(b) the amount, if any, he or she is from time to time reasonably\ncapable of earning in a week in work he or she is capable of\nundertaking if:\n(i) in respect of the period to the end of the first 104 weeks\nof total or partial incapacity – he or she were to engage\nin the most profitable employment (including\nself-employment), if any, reasonably available to him or\nher; and\n(ii) in respect of the period after the first 104 weeks of total\nor partial incapacity – he or she were to engage in the\nmost profitable employment that could be undertaken by\nthat worker, whether or not such employment is\navailable to him or her,\nand having regard to the matters referred to in section 68.\n(3) The normal weekly earnings of a worker for the calculation of the\nworker's loss of earning capacity, or for subsection (8) or (9), at a\nparticular date, are the amount calculated by using the formula in\nsubsection (3A).\n(3A) The formula for subsection (3)(a) is the following:\nN x A\nC\nwhere:\nN is amount of the normal weekly earnings of the worker\nimmediately before the first compensation date;\nA is the amount of average weekly earnings at the particular date\nmentioned in subsection (3);\nC is the amount of average weekly earnings applying at the first\ncompensation date.\n\nReturn to Work Act 1986 58\n(4) Where a worker is totally incapacitated for work, his or her normal\nweekly earnings in respect of the period of his or her total\nincapacity after the expiration of 2 years after the first day of the\nperiod in respect of which he or she first became entitled under\nsection 64 or this section to compensation shall be taken to be:\n(a) in the case of a worker who was an apprentice (including an\nadult apprentice) immediately before the date on which he or\nshe first became entitled to compensation:\n(i) as from the date on which he or she would otherwise\nhave completed his or her apprenticeship – the full\naward wage for a tradesman in the trade in which the\nworker was an apprentice; and\n(ii) until that date – the normal weekly earnings that would\nhave been his or hers had he or she continued in the\napprenticeship; and\n(b) in the case of a worker who was a junior employee\nimmediately before the date on which he or she first became\nentitled to compensation:\n(i) as from the date on which he or she would otherwise\nhave ceased to earn wages at a junior rate of pay – the\nfull award wage for a person performing the work that\nthe junior worker performed; and\n(ii) until that date – the normal weekly earnings that would\nhave been his or hers had he or she continued\nperforming that work.\n(5) For the purposes of subsections (2) and (6), the most profitable\nemployment available includes:\n(a) self employment; and\n(b) employment in a geographical location (including a place\noutside the Territory) away from the place where the worker\nnormally resides where it would be reasonable to expect the\nworker to take up that employment and the person liable to\npay compensation to the worker has undertaken to meet the\nreasonable expenses in moving him or her and his or her\ndependants to that location and other reasonable relocation\nexpenses.\n(6) For the purposes of this section, a worker shall be taken to be\ntotally incapacitated if he or she is not capable of earning any\namount if he or she were to engage in the most profitable\nemployment, if any, reasonably available to him or her, and having\n\nReturn to Work Act 1986 59\nregard to the matters referred to in section 68.\n(7) Where a worker is totally incapacitated for work and the\ncompensation the worker is entitled to under subsection (1B) is less\nthan the amount calculated in accordance with subsection (12), the\nworker shall, notwithstanding subsection (1B), but subject to\nsubsection (10), be entitled to compensation equal to 90% of his or\nher loss of earning capacity or the amount so calculated, whichever\nis the lesser.\n(8) Where a worker is partially incapacitated for work and 75% of his or\nher normal weekly earnings indexed in accordance with\nsubsection (3) is less than the amount calculated in accordance\nwith subsection (12), the worker shall, notwithstanding\nsubsection (1B), but subject to subsection (10), be entitled to\ncompensation equal to 90% of his or her loss of earning capacity or\nthe percentage of his or her loss of earning capacity as determined\nin accordance with subsection (9), whichever is the lesser.\n(9) For the purposes of subsection (8), the percentage is the amount\ncalculated in accordance with subsection (12) expressed as a\npercentage of the worker's normal weekly earnings.\n(10) Subsections (7) and (8) do not apply where the normal weekly\nearnings of the spouse of the worker is equal to or more than 150%\nof average weekly earnings.\n(11) For the purposes of subsection (10), normal weekly earnings of the\nspouse of a worker shall be determined, as for a worker, in\naccordance with section 49A and, for that purpose, a reference to a\nworker shall be construed as a reference to the spouse of a worker.\n(12) For the purposes of subsections (7) and (8), the amount is 50% of\naverage weekly earnings and, in addition:\n(a) 12.5% of average weekly earnings, where the worker has a\nspouse who is, at the date of the relevant injury and at the\ntime when compensation is paid under this section, wholly or\nmainly dependent on the worker; and\n(b) 6.25% of average weekly earnings for each prescribed child of\nthe worker.\n(13) In subsection (12), prescribed child means a child of the worker,\nor a child in relation to whom the worker stood in loco parentis, and\nwho:\n(a) has not attained the age of 16 years; or\n\nReturn to Work Act 1986 60\n(b) having attained that age but not having attained the age of\n21 years, is a full-time student or is physically or mentally\nhandicapped,\nother than such a child who is the spouse of another person.\n(13A) For this section, a worker's relevant permanent impairment is to be\nassessed as follows:\n(a) subject to paragraph (b), the relevant permanent impairment is\nto be assessed as if it were being assessed under section 72\nas permanent impairment for Subdivision C;\n(b) permanent impairment is not to be included in the assessment\nif it is:\n(i) a psychological or psychiatric impairment; and\n(ii) consequential on a physical injury other than a heart\nattack injury or stroke injury for which compensation is\npayable under section 58.\n(13B) In this section, a reference to a week, in relation to payment, or\n(14) In this section:\nfuture pension age, for a worker, means the age at which (once\nattained) the worker would, subject to satisfying any other qualifying\nrequirements, be eligible to receive an age pension under the\nSocial Security Act 1991 (Cth).\ninjury date, for a worker, means the date of the injury the result of\nwhich is the worker's total or partial incapacity for work or that\nmaterially contributed to the worker's total or partial incapacity for\nwork.\ninjury pension age, for a worker who is totally or partially\nincapacitated, means the age that, at the injury date, the worker\nwould, subject to satisfying any other qualifying requirements, be\neligible to receive an age pension under the Social Security\nAct 1991 (Cth).\nNote\nThe injury pension age for a worker may be 65, 65.5, 66, 66.5 or 67 years.\n\nReturn to Work Act 1986 61\nnormal retiring age, for a worker, means the age that workers in\nthe industry or occupation in which the worker is employed usually\nretire.\nNote\nThe normal retiring age may be expressed other than as a whole number of\nyears, for example, 68.5 years or 68 years and 8 months.\n","sortOrder":55},{"sectionNumber":"65A","sectionType":"section","heading":"Compensation not payable to prisoner","content":"65A Compensation not payable to prisoner\n(1) A worker is not entitled to be paid compensation under section 64\nor 65 during any period during which the worker is:\n(a) a prisoner; or\n(b) a person who is:\n(i) detained in a prison or other correctional facility\n(however described) in a place outside the Territory; or\n(ii) otherwise a person who is in a place outside the\nTerritory in circumstances in which, if the worker were in\nthe Territory, the worker would be a prisoner.\n(2) Subsection (1) does not apply to a worker mentioned in\nsubsection (1)(a) if the Territory is not liable to maintain the worker\nas mentioned in section 115 of the Correctional Services Act 2014.\n(3) Subsection (1) does not apply to a worker mentioned in\nsubsection (1)(b)(ii) if, under the law of the place in which the\nworker is, there is no liability to maintain the worker for reasons\nsimilar to those mentioned in section 115 of the Correctional\nServices Act 2014.\nprisoner, see section 6 of the Correctional Services Act 2014.\n","sortOrder":56},{"sectionNumber":"65B","sectionType":"section","heading":"Entitlement to compensation of worker residing outside","content":"65B Entitlement to compensation of worker residing outside\nAustralia\n(1) The entitlement of a worker to receive weekly payments of\ncompensation mentioned in section 64 or 65 is suspended when\nthe worker begins to reside outside Australia unless the entitlement\ncontinues under this section.\n\nReturn to Work Act 1986 62\n(2) The entitlement (the continued entitlement) to the weekly\npayments of compensation mentioned in section 64 or 65 continues\neven if the worker is residing outside Australia if:\n(a) the worker complies with the requirements prescribed by\nregulation when so residing outside Australia; and\n(b) the employer is satisfied about the worker's continued\n(3) However, the continued entitlement ceases when, in aggregate, the\nworker is paid compensation because of the application or\napplications of subsection (2) for 104 weeks (the period of\n104 weeks includes the first 26 weeks referred to in section 64).\n(4) Despite subsection (3), the Court may order the continued\nentitlement does not cease after 104 weeks if the Court is satisfied:\n(a) the worker continues to be totally and permanently\nincapacitated; and\n(b) the circumstances of the worker residing outside Australia are\notherwise exceptional because of the nature of the worker's\nincapacity or other circumstances applying to the worker; and\n(c) the worker would suffer undue hardship if the Court did not\nmake an order under this subsection.\nNote for subsection (4)\nSee section 104 for applications to the Court.\n(5) The Court's order must:\n(a) be made in accordance with the Regulations; and\n(b) specify the period (the extended period) for which the\ncontinued entitlement is extended.\n(6) The extended period:\n(a) must be a single period that does not exceed 104 weeks; and\n(b) starts, or is taken to have started, on a date specified in the\norder of the Court (which may be a date before the date of the\norder).\n(7) At the end of the extended period in relation to a worker's\nentitlement, the entitlement ceases while the worker is residing\noutside Australia.\n\nReturn to Work Act 1986 63\n","sortOrder":57},{"sectionNumber":"65C","sectionType":"section","heading":"Employer not to dismiss worker","content":"65C Employer not to dismiss worker\n(1) An employer of a worker commits an offence if:\n(a) the worker is totally or partially incapacitated for work as a\nresult of an injury; and\n(b) the employer intentionally engages in conduct during the\nrelevant period; and\n(c) the conduct results in the dismissal of the worker; and\n(d) the employer is reckless as to whether the worker is totally or\npartially incapacitated for work as a result of the injury.\nMaximum penalty: 200 penalty units\n(2) Strict liability applies to subsection (1)(a) and (c).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the reason for the dismissal is serious misconduct\nby the worker.\ndismissal, of a worker, includes a situation in which:\n(a) an unreasonable employment condition is imposed on the\nworker that is designed to make the worker leave\nemployment; and\n(b) the worker leaves the employment.\nrelevant period, for an employer of a worker who is totally or\npartially incapacitated for work as a result of an injury, means the\nperiod:\n(a) that starts on the day on which the injury occurs; and\n(b) that ends 6 months after that day.\nserious misconduct means:\n(a) wilful or deliberate behaviour by a worker that is inconsistent\nwith the continuation of the worker's contract of employment;\nor\n(b) conduct that causes serious and imminent risk to:\n(i) the health or safety of a person; or\n\nReturn to Work Act 1986 64\n(ii) the reputation, viability or profitability of the employer's\nbusiness; or\n(c) engaging in theft, fraud or assault in the course of\nemployment; or\n(d) being intoxicated in the workplace, including being too\nimpaired to work because of alcohol or a drug, other than a\ndrug administered by, or taken in accordance with the\ndirections of, a person lawfully authorised to administer the\ndrug; or\n(e) refusal to carry out a reasonable instruction from the employer\nthat is consistent with the worker's contract of employment.\n","sortOrder":58},{"sectionNumber":"66","sectionType":"section","heading":"Special rule for calculation of compensation for volunteers","content":"66 Special rule for calculation of compensation for volunteers\n(1) In calculating compensation for a volunteer under section 64 or 65,\nthe normal weekly earnings of the volunteer immediately before the\ndate on which the volunteer first became entitled to compensation\nwill, if less than 50% of average weekly earnings, be taken to be\n50% of average weekly earnings.\n(2) In this section:\nvolunteer means a person who is, under section 3(7), (8) or (8A),\ntaken to be a worker in the employ of the Territory.\n","sortOrder":59},{"sectionNumber":"68","sectionType":"section","heading":"Assessment of most profitable employment","content":"68 Assessment of most profitable employment\nIn assessing what is the most profitable employment available to a\nworker for the purposes of section 65 or reasonably possible for a\nworker for the purposes of section 75B(3), regard shall be had to:\n(a) his or her age;\n(b) his or her experience, training and other existing skills;\n(c) his or her potential for rehabilitation training;\n(d) his or her language skills;\n(e) in respect of the period referred to in section 65(2)(b)(i) – the\npotential availability of such employment;\n(f) the impairments suffered by the worker; and\n(g) any other relevant factor.\n\nReturn to Work Act 1986 65\n","sortOrder":60},{"sectionNumber":"69","sectionType":"section","heading":"Cancellation or reduction of compensation","content":"69 Cancellation or reduction of compensation\n(1) Subject to this Subdivision, an amount of compensation under this\nSubdivision shall not be cancelled or reduced unless the worker to\nwhom it is payable has been given:\n(a) 14 days notice of the intention to cancel or reduce the\ncompensation and, where the compensation is to be reduced,\nthe amount to which it is to be reduced; and\n(b) a statement in the approved form:\n(i) setting out the reasons for the proposed cancellation or\nreduction;\n(ii) to the effect that, if the worker wishes to dispute the\ndecision to cancel or reduce compensation, the worker\nmay, within 90 days after receiving the statement, apply\nto the Authority to have the dispute referred to\nmediation;\n(iii) to the effect that, if mediation is unsuccessful in\nresolving the dispute, the worker may appeal to the\nCourt against the decision to cancel or reduce\ncompensation;\n(iv) to the effect that, if the worker wishes to appeal, the\nworker must lodge the appeal with the Court within\n28 days after receiving a certificate issued by the\nmediator under section 103J(2);\n(v) to the effect that the worker may only appeal against the\ndecision if an attempt has been made to resolve the\ndispute by mediation and that attempt has been\nunsuccessful; and\n(vi) to the effect that, despite subparagraphs (iv) and (v), the\nclaimant may commence a proceeding for an interim\ndetermination under section 107 at any time after the\nclaimant has applied to the Authority to have the dispute\nreferred to mediation.\n(2) Subsection (1) does not apply where:\n(a) the person receiving the compensation returns to work or dies;\nor\n\nReturn to Work Act 1986 66\n(aa) the person receiving the compensation fails to provide to his\nor her employer a medical certificate of capacity under\nsection 91A within 14 days after being requested to do so in\nwriting by his or her employer; or\n(b) the following occurs:\n(i) the medical certificate of capacity mentioned in\nsection 82 specifies that the person receiving the\ncompensation is fit for work on a particular date, being\nnot later than 4 weeks after the date of the injury in\nrespect of which the claim was made;\n(ii) the person fails to return to work on the particular date or\nto provide his or her employer on or before that date with\nanother certificate as to his or her incapacity for work; or\n(c) the payments of compensation were obtained by fraud of the\nperson receiving them or by other unlawful means; or\n(d) the Court orders the cancellation or reduction of the\ncompensation.\n(3) Where compensation is to be cancelled for the reason that the\nworker to whom it is paid has ceased to be incapacitated for work,\nthe statement under subsection (1) shall be accompanied by the\nmedical certificate of capacity of the medical practitioner certifying\nthat the person has ceased to be incapacitated for work.\n(4) For the purposes of subsection (1)(b), the reasons set out in the\nstatement referred to in that subsection shall provide sufficient\ndetail to enable the worker to whom the statement is given to\nunderstand fully why the amount of compensation is being\ncancelled or reduced.\n","sortOrder":61},{"sectionNumber":"70","sectionType":"section","heading":"Definition","content":"70 Definition\nIn this Subdivision permanent impairment means an impairment\nor impairments assessed, in accordance with the guides approved\nand published by the Authority, as being an impairment, or\ncombination of impairments, of not less than 5% of the whole\nperson.\n","sortOrder":62},{"sectionNumber":"71","sectionType":"section","heading":"Compensation for permanent impairment","content":"71 Compensation for permanent impairment\n(1) In addition to any other compensation payable under this Part, a\nworker who suffers permanent impairment assessed at a\n\nReturn to Work Act 1986 67\npercentage of the whole person equal to not less than 15% shall,\nsubject to subsection (2), be paid compensation equal to that\nassessed percentage of 208 times average weekly earnings at the\ntime the payment is made.\n(2) In addition to any other compensation payable under this Part, a\nworker who suffers permanent impairment assessed at not less\nthan 85% of the whole person shall be paid compensation of\n208 times average weekly earnings at the time the payment is\nmade.\n(3) In addition to any other compensation payable under this Part,\nwhere a worker suffers permanent impairment assessed at a\npercentage of the whole person equal to less than 15%, the worker\nshall be paid compensation equal to the percentage specified in\ncolumn 2 of the Table to this section of the relevant assessed\npercentage of permanent impairment specified opposite in\ncolumn 1 of 208 times average weekly earnings at the time the\npayment is made.\nTABLE\nColumn 1 Column 2\nDegree of permanent impairment Percentage of compensation\npayable\nnot less than 5%\nbut less than 10% 2\n10% 3\n11% 4\n12% 6\n13% 8\n14% 12\n(4) Compensation payable under this section is to be paid to the\n(a) if no application is made under section 72(3) for a\nreassessment of the level of the worker's permanent\nimpairment – not later than 14 days after the end of the 28 day\nperiod allowed for that application; or\n(b) if an application is made under section 72(3) for a\nreassessment of the worker's level of permanent impairment –\nnot later than 28 days after the applicant is notified of the\nreassessment.\n\nReturn to Work Act 1986 68\n","sortOrder":63},{"sectionNumber":"72","sectionType":"section","heading":"Assessment of permanent impairment","content":"72 Assessment of permanent impairment\n(2) The level of permanent impairment for the purposes of section 71\nshall be assessed in the first instance by a medical practitioner.\n(3) Where a person is aggrieved by the assessment of the level of\npermanent impairment by a medical practitioner, the person may,\nwithin 28 days after being notified of the assessment, apply to the\nAuthority for a reassessment of that level.\n(3A) Subject to subsection (3B), the Authority must, as soon as\npracticable after receiving an application, refer the application to a\npanel of 3 medical practitioners to reassess the level of permanent\nimpairment.\n(3B) The Authority is not required to refer an application to a panel\nunless satisfied that the assessment was properly conducted and is\nin accordance with the guides mentioned in the definition of\npermanent impairment in section 70.\n(3C) The panel to whom an application is referred:\n(a) must include at least one medical practitioner appearing to the\nAuthority to have specialist knowledge of the type of\nimpairment in question; and\n(b) must not include the medical practitioner who originally\nassessed the level of impairment.\n(4) An assessment made by a panel under subsection (3A) as to the\ndegree of permanent impairment of a worker:\n(a) is taken to be the level of permanent impairment suffered by\nthe worker for the purposes of section 71; and\n(b) is not subject to review.\n(5) The costs incurred in carrying out an assessment or reassessment\nunder this section shall be paid by the employer.\n","sortOrder":64},{"sectionNumber":"72A","sectionType":"section","heading":"Enforcement of entitlement to compensation","content":"72A Enforcement of entitlement to compensation\n(1) This section applies if compensation payable to a worker under\nsection 71 has not been paid.\n(2) On application by or on behalf of the worker or his or her employer,\nthe registrar must issue a certificate certifying that the\ncompensation is payable and the amount that is outstanding.\n(3) The certificate may be filed in the Local Court.\n\nSubdivision D Compensation for medical, surgical and rehabilitation treatment, etc.\nReturn to Work Act 1986 69\n(4) On the filing of the certificate in the Local Court, a registrar of the\nLocal Court must enter judgment for the worker as if the Local\nCourt had given judgment in favour of the worker for:\n(a) the amount certified as being outstanding; and\n(b) the amount of any fees paid:\n(i) under this Act to obtain the certificate; or\n(ii) under the Local Court Act 2015 for the filing of the\ncertificate and entering of judgment.\nSubdivision D Compensation for medical, surgical and\nrehabilitation treatment, etc.\n","sortOrder":65},{"sectionNumber":"73","sectionType":"section","heading":"Compensation for medical, surgical and rehabilitation","content":"73 Compensation for medical, surgical and rehabilitation\ntreatment, family counselling and other costs\n(1) Subject to this Part and the Regulations, the employer of a worker\nwho sustains an injury is liable to pay any costs reasonably incurred\nby the worker as a result of that injury for any one or more of the\n(a) medical, surgical and rehabilitation treatment (those costs\nbeing not more than the relevant amount set out in any\nguidelines published by the Authority);\n(b) hospitalisation and hospital treatment;\n(c) travelling, or being transported, to or from any place for the\npurpose of medical, surgical and rehabilitation treatment,\nhospitalisation or hospital treatment;\n(d) accommodation of the worker if it is necessary for the worker\nto be accommodated away from the worker's normal place of\nresidence for the purpose of medical, surgical or rehabilitation\ntreatment;\n(e) attendance by a registered nurse or enrolled nurse, or by\nsome other person if, because of the injury, it is necessary for\nthe worker to have nursing or personal attendance;\n(f) any other costs as are prescribed by regulation.\n(2) Subject to this Part and the Regulations, the employer of a worker\nwho sustains an injury is liable to pay any costs reasonably incurred\nby the worker for family counselling provided to the worker or to one\nor more members of the worker's immediate family.\n\nSubdivision D Compensation for medical, surgical and rehabilitation treatment, etc.\nReturn to Work Act 1986 70\n(3) The costs mentioned in subsection (2) are payable:\n(a) in the case of a family counselling provided to the worker – in\naddition to any costs payable under subsection (1); and\n(b) only to the extent that the total of the costs incurred under\nsubsection (2) for the worker and all members of the worker's\nimmediate family does not exceed 150% of average weekly\nearnings at the time the costs are incurred.\n(4) An employer who decides to dispute that particular costs incurred,\nor proposed to be incurred, by a worker mentioned in subsection (1)\nor (2) are, or would be, reasonably incurred as a result of an injury\nmust, within 14 days of the decision to dispute the reasonableness\nof the costs, serve on the worker:\n(a) a written notice stating:\n(i) that the employer believes that the treatment or family\ncounselling does not relate to the injury or is not\nrequired; and\n(ii) the reasons for the employer's belief; and\n(b) a statement of the rights of appeal under this Act; and\n(c) if the belief is that the treatment is not required – an opinion of\na medical practitioner supporting the employer's belief.\n(5) If the dispute relates to costs incurred under subsection (1), the\nemployer must also serve the following on the worker's medical\npractitioner:\n(a) a copy of the written notice mentioned in subsection (4)(a);\n(b) if applicable – a copy of the opinion mentioned in\nsubsection (4)(c).\n(6) In this section:\nfamily counselling means counselling that:\n(a) is provided to a worker, or a member of the worker's\nimmediate family, to assist the worker or family member to\ncope with the psychological impact of the injury sustained by\nthe worker's injury; and\n\nReturn to Work Act 1986 71\n(b) is provided:\n(i) individually to the worker or a member of the worker's\nimmediate family; or\n(ii) to a group all the members of which are the worker and\none or more members of the worker's immediate family;\nand\n(c) is provided by:\n(i) a medical practitioner, registered psychologist or social\nworker; or\n(ii) a counsellor who has qualifications recognised by the\nAuthority.\n","sortOrder":66},{"sectionNumber":"74","sectionType":"section","heading":"Recovery from worker","content":"74 Recovery from worker\n(1) This section applies if there has been an overpayment of benefits\nunder this Act.\n(2) Unless otherwise ordered by the Court, an overpayment cannot be\nrecovered from the worker to whom the overpayment was made if:\n(a) the benefit payable was incorrectly calculated by the employer\nor insurer who made the payment; or\n(b) the payment was made in respect of a period more than\n6 months before the date on which recovery of the overpaid\namount was sought.\n(3) In deciding whether to order that recovery of an overpaid amount is\nto be permitted, the Court must take into account whether the\nworker should reasonably have been aware that the benefit had\nbeen overpaid.\n(4) This section applies in relation to a worker who is, or was, a public\nsector employee, despite anything to the contrary in the Financial\nManagement Act 1995.\n\nReturn to Work Act 1986 72\n","sortOrder":67},{"sectionNumber":"74A","sectionType":"section","heading":"Definition","content":"74A Definition\nattendant care services, in relation to an injured worker, means\nservices (other than medical and surgical services or nursing care)\nthat are required to provide for the worker's essential and regular\npersonal care.\n","sortOrder":68},{"sectionNumber":"75","sectionType":"section","heading":"Purpose of Division","content":"75 Purpose of Division\nThe purpose of this Division is to ensure the rehabilitation of an\ninjured worker following an injury.\n","sortOrder":69},{"sectionNumber":"75A","sectionType":"section","heading":"Employer to assist injured worker to find suitable employment","content":"75A Employer to assist injured worker to find suitable employment\n(1) An employer who is liable under this Part to compensate an injured\nworker must do the following:\n(a) take reasonable steps to ensure that suitable employment is\nprovided to the worker in accordance with the worker's\nmedical certificate of capacity;\n(b) take reasonable steps to ensure that efforts to retrain the\nworker are undertaken if required to enable the worker to\nengage in the suitable employment;\n(c) give a proposal in writing for a return to work plan to the\nworker within 7 days after the employer becomes aware that\nthe worker's total or partial incapacity is likely to exceed\n28 days.\n(2) An employer commits an offence if:\n(a) the employer intentionally engages in conduct; and\n(b) the conduct results in the contravention of subsection (1)(a)\nor (b).\nMaximum penalty: 200 penalty units\n(3) Strict liability applies to subsection (2)(b).\n(4) An employer who contravenes subsection (1)(c) commits an\n\nReturn to Work Act 1986 73\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) For subsection (1)(a):\n(a) employment is suitable for a worker if it requires the worker to\nperform work for which the worker is fit as specified in the\nworker's medical certificate of capacity, taking the following\nmatters into account:\n(i) the worker's age;\n(ii) the worker's experience, training and other skills;\n(iii) the worker's potential for rehabilitation training;\n(iv) the worker's language skills;\n(v) the impairments suffered by the worker; and\n(b) the provision of suitable employment includes the referral of\nthe worker to the alternative employer incentive scheme\ndeveloped by the Authority if the employer does not have\nother suitable employment available.\n(6A) To avoid doubt, the giving of a proposal for a return to work plan\nunder subsection (1)(c) is not providing a program of a type\nmentioned in section 75B(1A).\nNote for subsection (6A)\nAn employer may elect to use an accredited vocational rehabilitation provider to\nprepare a proposal for a return to work plan, but it is not necessary if the\nemployer does not wish to do so.\n(7) If the worker is working with another employer under the alternative\nemployer incentive scheme, the worker's employer is liable to\ncompensate the worker for any aggravation, acceleration or\nexacerbation of the injury that occurs within 1 year after the worker\ncommences employment with the other employer.\n","sortOrder":70},{"sectionNumber":"75B","sectionType":"section","heading":"Worker to undertake reasonable treatment and training, or","content":"75B Worker to undertake reasonable treatment and training, or\nassessment\n(1) Where compensation is payable under Subdivision B of Division 3\nto a worker, the worker shall undertake, at the expense of the\nworker's employer, reasonable medical, surgical and rehabilitation\ntreatment or participate in rehabilitation training or, as appropriate,\nin workplace based return to work programs, or as required by his\nor her employer, present himself or herself at reasonable intervals\nto a person for assessment of his or her employment prospects.\n\nReturn to Work Act 1986 74\n(1A) The employer of a worker who participates in a rehabilitation\nprogram or workplace based return to work program under\nsubsection (1) must ensure that program is provided by an\naccredited vocational rehabilitation provider.\n(2) Where a worker unreasonably fails to undertake medical, surgical\nand rehabilitation treatment or to participate in rehabilitation training\nor a workplace based return to work program which could enable\nhim or her to undertake more profitable employment, he or she\nshall be deemed to be able to undertake such employment and his\nor her compensation under Subdivision B of Division 3 may, subject\nto section 69, be reduced or cancelled accordingly.\n(3) Where a worker so required under subsection (1) unreasonably\nrefuses to present himself or herself for assessment of his or her\nemployment prospects, he or she shall be deemed to be able to\nundertake the most profitable employment that would be\nreasonably possible for a willing worker with his or her experience\nand skill and who has sustained a similar injury and is in similar\ncircumstances, having regard to the matters referred to in\nsection 68, and his or her compensation under Subdivision B of\n","sortOrder":71},{"sectionNumber":"Div 3","sectionType":"division","heading":"may, subject to section 69, be reduced or cancelled","content":"Division 3 may, subject to section 69, be reduced or cancelled\n","sortOrder":72},{"sectionNumber":"76","sectionType":"section","heading":"Rehabilitation training and workplace modification","content":"76 Rehabilitation training and workplace modification\n(1) In addition to any other compensation under this Part, an employer\nshall pay the costs incurred for such rehabilitation training and\nworkplace modification as is reasonable and necessary for the\npurpose of this Division for a worker who suffers or is likely to suffer\na permanent or long-term incapacity.\ndetermining what is necessary and reasonable rehabilitation\ntraining and workplace modification in a particular case, there shall\nbe taken into account:\n(a) the cost of compensation payments and medical and other\nexpenses which will or are likely to be incurred if no\nrehabilitation training is provided or workplace modification\ncarried out;\n(b) the likely cost of the rehabilitation training and workplace\nmodification and of alternative training or modifications, if any,\navailable and possible;\n\nReturn to Work Act 1986 75\n(c) the likely opportunities for the gainful employment of the\nworker after the proposed training or workplace modification\ncompared with those if no such training was provided or\nmodification carried out;\n(d) the likely psychological effect on the injured worker of\nreceiving or not receiving the proposed training;\n(e) the worker's suitability for and attitude to the training, and his\nor her suitability for and attitude to any other training available\nand possible; and\n(f) in the case of workplace modifications:\n(i) the likely duration of the employment by the employer of\nthe worker;\n(ii) the benefit or detriment to the employer, or to other\nworkers employed at a workplace, of the workplace\nmodifications; and\n(iii) the ability of the employer to provide the worker with\nsuitable employment.\n(3) For the purposes of this section, rehabilitation training includes a\nworkplace based return to work program.\n","sortOrder":73},{"sectionNumber":"77","sectionType":"section","heading":"Additional travel costs","content":"77 Additional travel costs\n(1) In addition to any other compensation under this Part, an employer\nshall pay to a worker who has suffered a significant reduction in his\nor her mobility in the community as the result of his or her suffering\na permanent or long-term incapacity and who has not received a\nbenefit under section 78 by the modification of a vehicle, and would\nnot safely be able to drive a motor vehicle no matter how\nreasonably modified the vehicle, any costs incurred by the worker\n(in excess of those which he or she would have incurred had he or\nshe not suffered the incapacity) as are reasonable and necessary\nfor the purpose of this Division to enable the worker to achieve\nreasonable mobility in the community.\ndetermining what is a reasonable and necessary payment referred\nto in subsection (1) in a particular case, there shall be taken into\naccount:\n(a) the effect of the payments on the likelihood of the worker\nobtaining and retaining gainful employment;\n\nReturn to Work Act 1986 76\n(b) the difficulty faced by him or her in achieving reasonable\nmobility in the community; and\n(c) the alternative means of transport available to him or her.\n","sortOrder":74},{"sectionNumber":"78","sectionType":"section","heading":"Other rehabilitation","content":"78 Other rehabilitation\n(1) Subject to this section, in addition to any other compensation under\nthis Part, an employer shall pay the costs incurred for such home\nmodifications, vehicle modifications and household and attendant\ncare services as are reasonable and necessary for the purpose of\nthis Division for a worker who suffers or is likely to suffer a\npermanent or long-term incapacity.\ndetermining what are reasonable and necessary home\nmodifications, vehicle modifications and household and attendant\ncare services in a particular case, there shall be taken into account:\n(a) in relation to home modifications:\n(i) the cost, and the relevant benefit to the worker, of the\nproposed modifications;\n(ii) the difficulties faced by him or her in:\n(A) gaining access to;\n(B) enjoying reasonable freedom of movement in; or\n(C) living independently in,\nhis or her home without the proposed modifications;\n(iii) the likely duration of his or her residence in the home;\n(iv) where the home is not owned by the worker, the\npermission of the owner;\n(v) the likely cost of reasonable alternative living\narrangements; and\n(vi) the likely psychological effect on the worker of not\nhaving the proposed modifications made;\n(b) in relation to vehicle modifications:\n(i) the cost and relevant benefit to the worker of the\nproposed modifications;\n\nReturn to Work Act 1986 77\n(ii) the difficulty faced by him or her in:\n(A) driving or operating;\n(B) gaining access to; or\n(C) enjoying freedom and safety of movement in,\nthe vehicle without the proposed modifications;\n(iii) alternative means of transport available to him or her;\nand\n(iv) the effect of the modifications on his or her likelihood of\nobtaining and retaining gainful employment;\n(c) in relation to household services:\n(i) the extent to which household services were provided by\nthe worker before the relevant injury and the extent to\nwhich he or she is able to provide those services after\nthat date;\n(ii) the number of household family members, their ages\nand their need for household services;\n(iii) the extent to which household services were provided by\nother household family members before the relevant\ninjury;\n(iv) the extent to which other household family members or\nother family members might reasonably be expected to\nprovide household services for themselves and for him\nor her after the relevant injury; and\n(v) the need to avoid substantial disruption to the\nemployment or other activities of the household family\nmembers; and\n(d) in relation to attendant care services:\n(i) the nature and extent of the worker's injury and the\ndegree to which that injury impairs his or her ability to\nprovide for his or her personal care;\n(ii) the extent to which such medical services and nursing\ncare as may be received by him or her provide for his or\nher essential and regular personal care;\n\nReturn to Work Act 1986 78\n(iii) where he or she so desires, the extent to which it is\nreasonable to meet his or her desire to live outside an\ninstitutional environment;\n(iv) the extent to which attendant care services are\nnecessary to enable him or her to undertake or continue\n(v) any assessment made, at the request of the insurer, by\npersons having expertise in the worker's rehabilitation;\n(vi) any standard developed or applied by a government\ndepartment or public authority in respect of the need of\ndisabled persons for attendant care services; and\n(vii) the extent to which a relative of the worker might\nreasonably be expected to provide attendant care\nservices to him or her.\n(3) An employer shall not be liable to pay the costs incurred for home\nmodifications except where the worker for whose benefit the\nmodifications are or are to be carried out is severely impaired in his\nor her mobility or ability to live independently within the home.\n(4) Without limiting subsection (2)(c), in relation to reasonable and\nnecessary household services, the reasonable costs of childcare,\nincluding overnight childcare, are included for a period when the\nworker is unable to access child care or child minding support from\nfamily members and the worker is:\n(a) hospitalised due to the compensable injury; or\n(b) undergoing surgery directly related to the compensable injury.\n","sortOrder":75},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Settlement by agreement of entitlement to","content":"Division 4A Settlement by agreement of entitlement to\ncompensation\n","sortOrder":76},{"sectionNumber":"78A","sectionType":"section","heading":"Settlement by agreement","content":"78A Settlement by agreement\n(1) As an alternative to being paid an amount, or all amounts, payable\nunder this Act in respect of an injury, a claimant may enter into an\nagreement of one of the following types:\n(a) an agreement with the employer for payment of a lump sum;\n(b) an agreement with the employer for a structured settlement.\n\nReturn to Work Act 1986 79\n(1A) However, an agreement purportedly entered into in accordance\nwith subsection (1) is void if the agreement provides for an amount\nas settlement of all amounts payable for any of the following in\nrelation to a person who has suffered a catastrophic injury:\n(a) medical treatment;\n(b) pharmaceutical treatment;\n(c) dental treatment;\n(d) ambulance transportation;\n(e) respite care;\n(f) attendant care services;\n(g) domestic assistance;\n(h) aids and appliances intended to assist a person to live a\nnormal lifestyle, or to help prevent further injury or worsening\nof a health condition;\n(i) prosthetics, including limbs, eyes and teeth;\n(j) educational and vocational training;\n(k) home, transport and workplace modification;\n(l) a service or treatment prescribed by regulation.\n(2) If an agreement mentioned in subsection (1) becomes enforceable\nunder this section, the claimant is not entitled to any future\npayments under this Act in respect of the injury to which the\nclaimant's compensation relates.\n(3) An agreement relating to the payment of compensation, other than\nan agreement under this Division, or an agreement that is\nsubstantially in accordance with this Division and that is reached\nbefore a court, is void.\n(4) Before an agreement under subsection (1) is entered into, the\nfollowing conditions must be met:\n(a) the employer must invite the claimant to obtain independent\nlegal advice from a legal practitioner of the claimant's choice;\n(b) the employer must invite the claimant to obtain expert financial\nadvice from a person of the claimant's choice who is qualified\nto give expert financial advice;\n\nReturn to Work Act 1986 80\n(c) the claimant must confirm in writing to the employer that:\n(i) the claimant has received the advice mentioned in\nparagraph (a); and\n(ii) the claimant either has received the advice mentioned in\nparagraph (b) or does not elect to receive that advice.\n(4A) Whether or not an agreement is entered into, the employer must\npay the reasonable costs of:\n(a) the legal practitioner who gave the legal advice; and\n(b) if the claimant elects to obtain expert financial advice – the\nperson who gave that advice.\n(4B) Any agreement entered into is not enforceable until subsection (4A)\nis satisfied.\n(5) If an agreement mentioned in subsection (1), including an\nagreement in relation to a claim where liability is disputed by the\nemployer, is entered into in respect of payments for a period that\nstarts before 104 weeks after the claimant first becomes entitled to\ncompensation:\n(a) the claimant may withdraw from the agreement at any time\nduring the cooling-off period; and\n(b) the claimant may request further advice of the kind mentioned\nin subsection (4)(a) or (b), or both, at any time during the\ncooling-off period; and\n(c) the employer must pay the reasonable costs of that advice;\nand\n(d) if, after that advice is received, the claimant requests an\namendment to the agreement – the agreement is subject to\nthe amendment being made in a way that is acceptable to the\nclaimant and the employer.\n(5A) If liability is disputed as mentioned in subsection (5), any payment\nunder an agreement mentioned in subsection (1) made by the\n(a) is made on a \"without prejudice\" basis; and\n(b) is not taken to be an admission by the employer that the\nclaimant has any entitlement to compensation in relation to an\ninjury suffered by the claimant and to which the agreement\nrelates; and\n\nReturn to Work Act 1986 81\n(c) is not evidence that the employer is liable to make any, or any\nfurther, payments under this Act as compensation to the\nclaimant.\n(5B) If, during the cooling-off period, the claimant withdraws from an\nagreement entered into with the employer:\n(a) any payment (the repayment amount) made by the employer\nin accordance with the agreement is repayable by the claimant\nto the employer; and\n(b) the repayment amount is a debt due and payable by the\nclaimant on demand by the employer within the time (not less\nthan 14 days) specified in the demand.\n(5C) If the claimant fails to repay to the employer all or any of the\nrepayment amount within the time specified, the employer may:\n(a) set-off the unpaid amount against any further entitlement to\ncompensation that the claimant may establish against the\nemployer after the claimant withdraws from the agreement; or\n(b) initiate legal proceedings to recover the amount remaining\nunpaid.\n(6) In this section:\ncatastrophic injury means an injury of a type prescribed by\nregulation that meets the eligibility criteria prescribed for an injury of\nthat type.\ncooling-off period, in relation to an agreement under\nsubsection (5), means a period that:\n(a) starts on the day on which the agreement is entered into; and\n(b) ends 6 months after that day.\nstructured settlement means an agreement between a claimant\nand an employer providing for the payment of amounts otherwise\npayable under this Act in respect of an injury by one or both of the\nfollowing means:\n(a) periodic payments funded by an annuity or other agreed\nmeans;\n(b) periodic payments in respect of future reasonable expenses\nfor medical, hospital, pharmaceutical or attendant care\nservices, payable as those expenses are incurred.\n\nReturn to Work Act 1986 82\n","sortOrder":77},{"sectionNumber":"78B","sectionType":"section","heading":"Lump sum agreement for particular period","content":"78B Lump sum agreement for particular period\n(1) A claimant may enter into an agreement with the employer for\npayment of a lump sum instead of being paid an amount, or all\namounts, otherwise payable under this Act during a period in\nrespect of an injury.\n(2) Such an agreement may contain conditions on the payment of the\nlump sum, including conditions relating to one or more the following\nuses for part of the sum:\n(a) education or other acquisition or development of new skills by\nthe claimant, including skills related to the claimant becoming\nself-employed;\n(b) retraining or job-seeking activities carried out by the claimant;\n(c) modifications to the workplace to enable the claimant to return\nto work;\n(d) payment of carers, including during periods of travel for the\nclaimant.\n(3) If such an agreement is entered into, no person is entitled to any\npayments under this Act in respect of the period and the injury to\nwhich the claimant's compensation relates.\n(4) Despite subsection (3), the worker may claim a payment under this\nAct for the period and the injury to which the compensation relates\nif the worker can demonstrate that:\n(a) the lump sum was inadequate to compensate the worker with\nrespect to rehabilitation and other needs under this Act or to\nwhich the employer agreed; or\n(b) the worker incurred expenses beyond those that were\ncontemplated by the worker and the employer when the\nagreement was entered into.\n","sortOrder":78},{"sectionNumber":"80","sectionType":"section","heading":"Notice of injury and claim for compensation","content":"80 Notice of injury and claim for compensation\n(1) Subject to this Act, a person shall not be entitled to compensation\nunless notice of the relevant injury has, as soon as practicable,\nbeen given to or served on the worker's employer.\n(2) An employer who receives a claim for compensation shall be\ndeemed to have been given notice of the injury to which it relates.\n\nReturn to Work Act 1986 83\n","sortOrder":79},{"sectionNumber":"81","sectionType":"section","heading":"Form of notice of injury","content":"81 Form of notice of injury\n(1) Notice of an injury:\n(a) may be given orally or in writing;\n(b) shall, subject to section 84(2), be given to:\n(i) the employer or, if there is more than one employer, to\none of the employers;\n(ii) a person under whose supervision the worker is\nemployed; or\n(iii) a person designated for the purpose by the employer;\n(c) shall include the name and address of the person injured; and\n(d) shall include the date on which the injury occurred and the\ncause of the injury.\n(2) Where an employer has received notice of an injury, he or she shall\nrecord that fact in records kept for that purpose.\n","sortOrder":80},{"sectionNumber":"82","sectionType":"section","heading":"Form of claim","content":"82 Form of claim\n(1) A claim for compensation shall:\n(a) be in the approved form; and\n(b) unless it is a claim for compensation under section 62, 63\nor 73 – be accompanied by a medical certificate of capacity in\na form approved by the Authority; and\n(c) subject to section 84(3), be given to or served on the\nemployer.\n(2) If the claim and medical certificate of capacity are not given or\nserved at the same time, the remaining document shall be given or\nserved on the employer within 28 days after the first document is\ngiven or served and the claim for compensation shall be deemed\nnot to have been made until the day on which the remaining\ndocument is given to or served on the employer.\n(3) A defect, omission or irregularity in a claim or medical certificate of\ncapacity shall not affect the validity of the claim and the claim shall\nbe dealt with in accordance with this Part unless the defect,\nomission or irregularity relates to information which is not within the\nknowledge of or otherwise ascertainable by, the employer or his or\nher insurer.\n\nReturn to Work Act 1986 84\n(4) if the claim form specifies that the worker is required to authorise\nthe release of information concerning the worker's injury:\n(a) the form may specify that the information may be released to\none or more of the following persons:\n(i) the worker's employer;\n(ii) the worker's employer's insurer;\n(iii) a legal practitioner, medical practitioner, investigator,\naccredited vocational rehabilitation provider, or any other\nperson reasonably consulted by the employer or insurer\nfor making a decision as to the payment of the claim for\n(b) the worker must authorise the release of the information in\naccordance with the form; and\n(c) the claim for compensation by the worker is not considered to\nhave been made until the authorisation is given.\n(5) An authorisation under subsection (4) is irrevocable.\n(6) A medical certificate of capacity referred to in subsection (1)(b) has\neffect only for the prescribed period.\n","sortOrder":81},{"sectionNumber":"83","sectionType":"section","heading":"Service of claim","content":"83 Service of claim\n(1) A claim for compensation may be given or served on an employer\nby:\n(a) giving it to or serving it personally on the employer; or\na person who has apparently attained the age of 16 years at,\nor sending it by pre-paid post to the employer at, the\nemployer's usual or last known place of residence or\nbusiness.\n(2) Subsection (1) is in addition to and not in derogation of provisions\nof the Corporations Act 2001 relating to the service of documents.\n\nReturn to Work Act 1986 85\n","sortOrder":82},{"sectionNumber":"84","sectionType":"section","heading":"Employer to forward incident report and claim","content":"84 Employer to forward incident report and claim\n(1) An employer shall, immediately on receiving a claim for\ncompensation, complete the employer's report section of the claim\nform and, within 3 working days after receiving the claim:\n(a) where the employer is a self-insurer – forward a copy of the\nclaim to the Authority; and\n(ab) if the employer is uninsured – forward the claim to the Nominal\nInsurer and a copy of the claim to the Authority; and\n(b) in all other cases – forward the claim, and a copy, to his or her\ninsurer; and\n(c) in all cases – retain a copy of the claim for his or her own\nrecords.\n(2) An insurer who is given notice of a claim under section 81 or\nreceives a claim forwarded under subsection (1) shall, within\n10 working days after the notice is given or the claim received,\nforward a copy to the Authority.\n(3) Despite sections 81 and 82, a person making a claim for\ncompensation for an injury may lodge the claim with the relevant\ninsurer or the Authority if the person becomes aware that the\n(a) has not complied or is not likely to comply with\nsubsection (1)(a) or (b); or\n(b) is refusing to receive the claim; or\n(c) cannot be identified; or\n(d) cannot be found; or\n(e) is dead; or\n(f) is a corporation which has been wound up; or\n(g) is uninsured.\n(4) Where under subsection (3) a person lodges a claim for\ncompensation with the relevant insurer or the Authority:\n(a) the insurer shall give to the Authority a copy of the claim and\naccompanying documents; or\n(b) the Authority shall give to the relevant insurer the claim and\naccompanying documents,\n\nReturn to Work Act 1986 86\nwithin 10 working days after the insurer or Authority receives them.\n(5) An employer who:\n(a) refuses to receive a claim for compensation; or\n(b) dismisses a worker from employment for the reason only that\nthe worker has given or attempted to give to the employer or\nthe Authority a claim for compensation,\nis guilty of an offence.\nMaximum penalty for an offence against this section:\nIn the case of a body corporate – 85 penalty\nIn the case of a natural person – 25 penalty\n6 penalty units.\nIn the case of a natural person –\n1.2 penalty units.\n","sortOrder":83},{"sectionNumber":"85","sectionType":"section","heading":"Decision as to eligibility for compensation","content":"85 Decision as to eligibility for compensation\n(1) Subject to subsection (10), an employer shall, on receiving a claim\nfor compensation:\n(a) accept liability for the compensation;\n(b) defer accepting liability for the compensation; or\n(c) dispute liability for the compensation,\nand shall notify the person making the claim of the employer's\ndecision within 10 working days after receiving the claim.\n(2) Where an employer accepts liability for the compensation claimed,\nthe employer shall, in the case of a claim for weekly payments\n(whether or not other compensation is claimed), commence those\npayments within 3 working days after accepting liability.\n(3) Where a claim for compensation is for a lump-sum payment of\ncompensation or for a benefit other than a weekly payment, the\nemployer shall, where liability for the compensation claimed is\naccepted, make the payment or provide the benefit as soon as\npracticable after the claim is accepted.\n\nReturn to Work Act 1986 87\n(4) Where an employer defers accepting liability for the compensation\nclaimed:\n(a) the deferral shall remain in force for 56 days from the date the\nnotification under subsection (1) is given or such longer period\nas the Court may allow unless, within that period, the\nemployer notifies the person making the claim that the\nemployer accepts or disputes liability for the compensation;\n(b) where the claim is for weekly payments (whether or not other\ncompensation is claimed), the employer shall, within 3 working\ndays of making the decision to defer accepting liability for the\ncompensation claimed, commence those payments; and\n(c) if the claim is for weekly payments:\n(i) subject to subparagraph (ii), sections 75A(1) and 75B\napply during the period of deferral to the employer and\nthe worker as if the employer had accepted liability for\nthe compensation claimed; and\n(ii) if the claim does not relate to an injury involving mental\nstress – the employer is not required to bear the\nexpense, under section 75B, of either or both of the\n(A) hospitalisation (including surgery while the worker\nis hospitalised);\n(B) the worker travelling, or being transported, to and\nfrom any place outside the Territory for the purpose\nof hospitalisation.\n(5) Where an employer accepts or disputes liability for compensation\nunder subsection (4)(a), the employer shall notify the person\nmaking the claim of the employer's decision.\n(6) Notification required to be given to a person under this section shall\nbe in writing and given to the person by:\n(a) delivering it personally to the person;\na person who has apparently attained the age of 16 years at\nthe person's address as shown in the claim form given to or\nserved on the employer under section 82; or\n\nReturn to Work Act 1986 88\n(c) sending it in a properly addressed envelope by pre-paid post\nto the person at the person's address as shown in the claim\nform given or served on the employer under section 82, and\nnotification shall be deemed given when the envelope is\nposted.\n(7) Where payments are made to a person under subsection (4)(b) or\nby virtue of subsection (4)(c), or where the employer pays the costs\nof a worker's reasonable rehabilitation treatment or training or\nworkplace return to work programs before accepting liability for or\nbeing found liable to pay compensation, those payments:\n(a) are made on a without prejudice basis and are not, in any\nsubsequent proceedings under this Act, to be construed as an\nadmission of liability;\n(b) if they are made under subsection (4)(b) or by virtue of\nsubsection (4)(c) – are to continue to be made until the\nemployer under subsection (5) notifies the person making the\nclaim of the employer's decision to accept or dispute liability\nfor the compensation claimed;\n(c) are to be taken into account in determining the amount of the\nemployer's liability under the claim, where liability is accepted\nor deemed accepted or an order for compensation is made;\nand\n(d) are not able to be recovered by the employer notwithstanding\nthat the employer may not be liable under this Act to pay the\ncompensation claimed, unless the Court otherwise orders\nbecause the Court has found that:\n(i) the worker or the person making the claim has acted\ndishonestly; or\n(ii) the claim was fraudulently made; or\n(iii) the worker or the person making the claim has\nobstructed or delayed the process for the employer's\nmaking the decision.\n(8) At the same time as an employer notifies a claimant under this\nsection that the employer disputes liability for compensation\nclaimed, the employer must give the claimant a statement in the\napproved form:\n(a) setting out the reasons for the employer's decision to dispute\nliability;\n\nReturn to Work Act 1986 89\n(b) to the effect that, if the claimant is aggrieved by the employer's\ndecision to dispute liability, the claimant may, within 90 days\nafter receiving the statement, apply to the Authority to have\nthe dispute referred to mediation;\n(c) to the effect that, if mediation is unsuccessful in resolving the\ndispute, the claimant may commence a proceeding before the\nCourt for the recovery of compensation to which the claimant\nbelieves he or she is entitled;\n(d) to the effect that, if the claimant wishes to commence a\nproceeding, the claimant must lodge an application with the\nCourt within 28 days after receiving a certificate issued by the\nmediator under section 103J(2);\n(e) to the effect that the claimant may only commence the\nproceeding if an attempt has been made to resolve the dispute\nby mediation and that attempt has been unsuccessful; and\n(f) to the effect that, despite paragraphs (d) and (e), the claimant\nmay commence a proceeding for an interim determination\nunder section 107 at any time after the claimant has applied to\nthe Authority to have the dispute referred to mediation.\n(9) For the purposes of subsection (8), the reasons set out in the\nstatement referred to in that subsection shall provide sufficient\ndetail to enable the claimant to whom the statement is given to\nunderstand fully why the employer disputes liability for the\ncompensation claimed.\n(10) If an employer is uninsured, a reference to the employer in this\nsection is to be read as a reference to the Nominal Insurer.\n","sortOrder":84},{"sectionNumber":"85A","sectionType":"section","heading":"Worker may request information about weekly earnings","content":"85A Worker may request information about weekly earnings\n(1) A worker may, for the purposes of determining his or her\nentitlement to compensation from an employer, request the\nemployer to provide him or her with information about the worker's\nweekly earnings.\n(2) An employer must, in the absence of reasonable excuse, comply\nwith a request under subsection (1) within 21 days after receiving\nthe request.\nMaximum penalty: In the case of a body corporate – 85 penalty\nIn the case of a natural person – 17 penalty\n\nReturn to Work Act 1986 90\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Application to alter level of weekly payments","content":"86 Application to alter level of weekly payments\n(1) A worker who is receiving weekly payments may apply to the\nemployer for an increase or decrease in the level of weekly\npayments.\n(2) An employer shall, within 14 days after receiving an application\nunder subsection (1), accept or reject the application and:\n(a) if the application is accepted – advise the worker of the\ndecision; and\n(b) if the application is rejected – advise the worker of the\ndecision and the reasons for the rejection.\nMaximum penalty: In the case of a body corporate – 25 penalty\nIn the case of a natural person – 8 penalty\nunits or imprisonment for 3 months.\n4 penalty units.\n(3) If an application under subsection (1) is accepted, weekly payments\nat the new level shall commence within the period specified in\nsubsection (2).\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Failure to decide within specified time","content":"87 Failure to decide within specified time\n(1) If an employer fails to notify a person of his or her decision within\nthe time specified in section 85(1), the employer is deemed to have\naccepted liability for compensation payable under Subdivisions B\nand D of Division 3 until:\n(a) the expiry of 14 days after the day on which the employer\nnotifies the person of his or her decision in pursuance of that\nsection; or\n(b) the Court orders otherwise.\n\nReturn to Work Act 1986 91\n(2) If an employer defers a decision on liability but fails to make a\ndecision to accept or dispute liability within the period for which the\ndeferral remains in force under section 85(4)(a), the employer is\ndeemed to have accepted liability for compensation payable under\nDivision 3, Subdivisions B and D until:\n(a) the expiry of 14 days after the day on which the employer\nnotifies the claimant of a decision to accept or dispute liability;\nor\n(b) the Court orders otherwise.\n(3) An employer notifies a claimant of a decision for the purposes of\nsubsection (1)(a) or (2)(a) if (and only if):\n(a) notification of the decision is given in accordance with\nsection 85(6); and\n(b) in the case of a decision to dispute liability, the employer\ncomplies with the further requirements of section 85(8)\nand (9).\n(4) An employer who fails to notify a claimant of a decision mentioned\nin subsection (1)(a) or (2)(a) is considered to have accepted liability\nfor compensation:\n(a) effective on the day that is 10 working days after the employer\ncommences making payments or providing a benefit by\noperation of this section and section 85; and\n(b) whether or not the employer further notifies the claimant as\nmentioned in section 85(1).\n\nReturn to Work Act 1986 92\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Weekly payments","content":"88 Weekly payments\n(1) Unless otherwise agreed in writing by the worker, a weekly\npayment shall be made to the worker before the expiration of\n7 days after the end of the week in respect of which it is payable or,\nwhere the worker is normally paid at intervals greater than\none week, before the expiration of 7 days after the end of the period\nin respect of which he or she is normally paid.\nMaximum penalty: In the case of a body corporate –\n125 penalty units.\nIn the case of a natural person – 25 penalty\n6 penalty units.\nIn the case of a natural person –\n1.2 penalty units.\n(2) A weekly payment may be made by post by properly addressing,\nprepaying and posting to the worker a letter containing a cheque or\nother monetary instrument for the amount of the weekly payment.\n(3) Where a weekly payment is made by cheque or other monetary\ninstrument (whether in accordance with subsection (2) or\notherwise), the person liable to make the payment is not to be taken\nto have complied with subsection (1) unless the cheque or other\ninstrument is received by the worker in sufficient time for the worker\nto be able to deposit and draw on the cheque or other instrument\nwithin the relevant period specified in subsection (1).\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Late payment of weekly payments","content":"89 Late payment of weekly payments\n(1) If a person (the liable person) liable under this Part to make a\nweekly payment of compensation to a worker fails to make the\nweekly payment on or before the day on which the liable person is\nrequired to do so, the worker must, in respect of that weekly\npayment, be paid, in addition to any other payment required to be\nmade under this Part, an amount represented by the formula:\nA x the prescribed rate of interest x B\nwhere:\nA is the amount of that weekly payment payable to the worker; and\n\nReturn to Work Act 1986 93\nB is the number of weeks (with a part of a week being counted as a\nwhole week) occurring within the period commencing immediately\nafter the day on which payment of that weekly payment was due\nand concluding at the end of the day on which payment of that\nweekly payment is made.\n(2) If the liable person disputes liability for compensation and the\ndispute is later resolved wholly or partly in favour of the worker, for\nthe purpose of calculating interest under subsection (1), weekly\npayments are taken to have fallen due when they would have fallen\ndue had there been no dispute.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Return to work","content":"90 Return to work\nWhere a worker who has been receiving weekly payments for\nincapacity returns to work with an employer other than the employer\nin whose employment the injury occurred or his or her employment\nor other circumstances change in such a way as is likely to affect\nhis or her entitlement to, or the amount of, compensation, the\nworker shall immediately notify the employer in whose employment\nthe injury occurred of the return to work or those changed\ncircumstances.\nMaximum penalty: 25 penalty units or imprisonment for\n6 months.\n","sortOrder":90},{"sectionNumber":"90A","sectionType":"section","heading":"Employer may request information about earnings","content":"90A Employer may request information about earnings\n(1) Where a worker who has been receiving weekly payments for\nincapacity returns to work with an employer other than the employer\nin whose employment the injury occurred, the employer in whose\nemployment the injury occurred may request the worker to provide\nhim or her with information about the worker's earnings from the\nemployer with whom the worker returned to work.\n(2) A worker must, in the absence of reasonable excuse, comply with a\nrequest under subsection (1) within 21 days after receiving the\nrequest.\nMaximum penalty: 17 penalty units.\n","sortOrder":91},{"sectionNumber":"90B","sectionType":"section","heading":"Initial medical opinion","content":"90B Initial medical opinion\n(1) This section applies in relation to an employer after a claim for\ncompensation is made under section 82, whether the employer\ndecides under section 85 to accept, defer accepting, or dispute\nliability for the claim.\n\nReturn to Work Act 1986 94\n(2) If the employer requires a medical opinion about the injury to which\nthe claim relates, the employer must initially request the opinion of\na medical practitioner who is treating or has treated the worker for\nthe injury.\n(3) The request must be in writing and must include the following\ninformation:\n(a) the medical opinion is required by the employer within 14 days\nafter the treating medical practitioner receives the request;\n(b) if the opinion is not provided to the employer within that time,\nthe employer may seek the opinion of another medical\npractitioner.\n(4) If the treating medical practitioner does not provide the medical\nopinion to the employer within the period specified in the request,\nthe employer may seek the medical opinion of another medical\npractitioner.\n(5) This section does not prevent the employer from obtaining a\nmedical opinion from any medical practitioner after the treating\nmedical practitioner has provided the opinion as requested.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Medical examinations","content":"91 Medical examinations\n(1) An employer may require a worker who has made a claim for\ncompensation to submit at reasonable intervals to an examination\nby a medical practitioner provided and paid for by the employer.\n(1A) Before each appointment for an examination under subsection (1),\nthe employer must notify the medical practitioner who is treating the\nworker for the injury to which the claim relates of the name and\ncontact details of the medical practitioner who will be examining the\n(1B) The employer must give the worker's treating medical practitioner a\ncopy of the report of the medical practitioner who examined the\n(2) Subject to section 69, where a worker unreasonably refuses to\nhave, or unreasonably obstructs, an examination under\nsubsection (1), an employer may cancel or reduce the\ncompensation payable to the worker under Subdivision B of\nDivision 3 until the examination takes place.\n","sortOrder":93},{"sectionNumber":"91A","sectionType":"section","heading":"Worker to provide statement of fitness for work","content":"91A Worker to provide statement of fitness for work\n(1) A worker receiving weekly payments of compensation because he\nor she is incapacitated for work shall ensure that his or her\n\nReturn to Work Act 1986 95\nemployer is provided with a statement of fitness for work from a\nmedical practitioner certifying that the worker is incapacitated for\nwork for the periods he or she remains incapacitated for work.\n(2) Nothing in subsection (1) shall be construed as requiring a worker\nto provide his or her employer with more than one statement of\nfitness for work for a period during which he or she remains\nincapacitated for work.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Misleading information","content":"92 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally makes a statement to the employer of\nan injured worker, or to the insurer of that employer; and\n(b) the person knows the statement contains misleading\n(c) the result of the making of the statement is that an insurer, a\nif the statement had not been made.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to the employer of\nan injured worker, or to the insurer of that employer; and\n(b) the person knows the document contains misleading\n(c) the result of the giving of the document is that an insurer, a\nif the statement had not been so given.\n(3) A person commits an offence if:\n(a) the person intentionally makes or alters a document; and\n(b) the person knows the document contains misleading\n\nReturn to Work Act 1986 96\n(c) the person is reckless as to whether the document could be\nused in relation to a claim for compensation; and\n(d) the document is provided directly or indirectly to an employer\nor the employer's insurer; and\n(e) the result of the provision of the document is that an insurer, a\nif the document had not been so provided.\n(4) Strict liability applies to subsections (1)(c), (2)(c) and (3)(d) and (e).\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":95},{"sectionNumber":"103A","sectionType":"section","heading":"Definitions","content":"103A Definitions\nconference means a conference convened by a mediator under\nsection 103C(3)(b).\ndispute has the meaning given in section 103B.\nparty means a party to a mediation under section 103F(1).\n","sortOrder":96},{"sectionNumber":"103B","sectionType":"section","heading":"Disputes","content":"103B Disputes\nFor the purposes of this Division, a dispute arises where a claimant\nis aggrieved by the decision of an employer:\n(a) to dispute liability for compensation claimed by the claimant;\n(b) to cancel or reduce compensation being paid to the claimant;\nor\n(c) relating to a matter or question incidental to or arising out of\nthe claimant's claim for compensation.\n\nReturn to Work Act 1986 97\n103BA Internal dispute resolution process\n(1) A person who is an approved insurer, a self-insurer or the Nominal\nInsurer must ensure that they:\n(a) prepare and publish an internal dispute resolution process that\nis available to be used by claimants; and\n(b) implement the process.\n(2) The internal dispute resolution process must comply with any\nrelevant guidelines published by the Authority.\n","sortOrder":97},{"sectionNumber":"103C","sectionType":"section","heading":"Mediators","content":"103C Mediators\n(1) The Minister may appoint a person to be a mediator.\n(2) The function of a mediator is to promote the resolution of disputes\nbetween claimants, employers and employers' insurers.\n(3) For the purpose of promoting the resolution of a dispute, a mediator\nhas power:\n(a) to conduct discussions with each party; and\n(b) where it appears to the mediator likely to assist in the\nresolution of a dispute – to convene a conference and require\nthe parties or any of them to attend; and\n(c) to require a party to the dispute to provide to the mediator or\nanother party to the dispute specified materials in the party's\npossession or control; and\n(d) to require that information to be provided within a specified\ntime; and\n(e) to do any other things that are necessary or convenient to be\ndone for the purpose of resolving the dispute.\n(4) In the performance of his or her function and in the exercise of his\nor her powers, a mediator must:\n(a) act promptly;\n(b) be impartial; and\n(c) except to the extent necessary for the proper performance of\nthat function or exercise of those powers, maintain\nconfidentiality.\n\nReturn to Work Act 1986 98\n","sortOrder":98},{"sectionNumber":"103D","sectionType":"section","heading":"Application for and conduct of mediation","content":"103D Application for and conduct of mediation\n(1) A claimant may apply to the Authority to have a dispute referred to\nmediation.\n(1A) If the dispute relates to a decision specified in section 103B(a)\nor (b), the claimant must apply under subsection (1) within 90 days\nof receiving the statement referred to in section 85(8) or 69(1)(b)\nrespectively.\n(2) Within 7 days after receiving the application, the Authority must\nrefer the dispute to a mediator.\n(2A) After receiving an application under this section, the Authority must,\nby written notice, require each party to the mediation to provide the\nAuthority with:\n(a) all written medical reports in the party's possession or control\nrelevant to the dispute (including reports on which the party\ndoes not rely); and\n(b) all other written materials in the party's possession or control\non which the party relies.\n(2AB) A party must comply with a notice under subsection (2A) within\n7 days after receiving the notice.\n(2B) The Authority will give the medical reports and other materials to\nthe mediator who will make copies of them available to the parties\nin the course of the mediation.\n(3) Within 21 days after receiving a referral, a mediator must:\n(a) attempt to resolve the dispute;\n(b) advise the claimant and the employer's insurer of the outcome\nof the mediation; and\n(c) if the mediator has been unable to resolve the dispute –\nadvise the parties of further proceedings that may be\ncommenced and the time within which to commence them.\n(4) A claimant who fails to apply for mediation within the period referred\nto in subsection (1A) may apply to the Court under section 104(1)\nfor an extension of the period.\n(5) The Court may extend the period if it is satisfied the failure to apply\nwithin the period was occasioned by mistake, ignorance of a\ndisease, absence from the Territory or other reasonable cause.\n\nReturn to Work Act 1986 99\n","sortOrder":99},{"sectionNumber":"103E","sectionType":"section","heading":"Recommendations by mediator","content":"103E Recommendations by mediator\nThe mediator may make recommendations to the parties in relation\nto the resolution of the dispute.\n","sortOrder":100},{"sectionNumber":"103F","sectionType":"section","heading":"Parties, representation and attendance","content":"103F Parties, representation and attendance\n(1) The parties to a mediation are:\n(a) the claimant;\n(b) the employer; and\n(c) the employer's insurer.\n(2) Subject to subsection (3), a party is not entitled to legal\nrepresentation in the mediation.\n(3) The mediator may agree to a party being legally represented if\nsatisfied that:\n(a) it is physically impracticable for the party to participate in the\nmediation in person; or\n(b) it would otherwise facilitate the conduct of the mediation.\n(4) Where the mediator agrees to a party having legal representation,\nthe mediator must notify the other parties of that agreement before\ntaking a step or, if the mediation has commenced, a further step in\nthe mediation.\n(5) A party who is not legally represented:\n(a) is entitled to be accompanied at a conference by another\nperson who is not a lawyer (the support person) and to\nconsult with the support person during the conference; and\n(b) is not entitled to be represented at the conference by the\nsupport person.\n(5A) However, the mediator may agree to a claimant being represented\nby the support person at the conference if satisfied that to do so\nwould facilitate the conduct of the mediation.\n(5B) If the mediator agrees to the claimant being represented by the\nsupport person, the mediator must notify the other parties of that\nagreement before taking a step or, if the mediation has\ncommenced, a further step, in the mediation.\n\nReturn to Work Act 1986 100\n(6) With the agreement of the mediator, a party or his or her legal\nrepresentative may attend a conference by teleconferencing if\nphysical attendance is impracticable.\n103FA Legal representation or legal advice\n(1) If the dispute relates to a decision of a type mentioned in\nsection 103B(a) or (b), and the mediator agrees to a claimant\nhaving legal representation as mentioned in section 103F(3):\n(a) the claimant may choose the legal practitioner who is to\nrepresent them; and\n(b) the mediator may, if of the opinion that to do so would facilitate\nthe conduct of the mediation, by written notice to the Authority,\nmake a recommendation in accordance with subsection (3).\n(2) If the dispute relates to a decision of a type mentioned in\nsection 103B(a) or (b), the mediator may recommend, by written\nnotice, that the Authority direct the employer to pay the reasonable\ncosts of legal advice received by the claimant, even if the mediator\ndoes not agree to the claimant having legal representation.\n(3) The mediator may recommend, in the written notice under\nsubsection (1)(b) or (2), that the Authority direct the employer to\npay:\n(a) if the recommendation is under subsection (1)(b) – one or both\nof the following:\n(i) the reasonable costs of the legal representation;\n(ii) the reasonable costs of legal advice received by the\nclaimant before the mediator agreed to the legal\nrepresentation; or\n(b) if the recommendation is under subsection (2) – the\nreasonable costs of the legal advice.\n(4) The Authority must do one of the following:\n(a) by written notice given to an employer, direct the employer to\npay the reasonable costs mentioned in subsection (3)(a)(i)\nor (ii) or (b);\n(b) by written notice given to the claimant and the mediator,\ninform them that the Authority has decided not to follow the\nrecommendation.\n\nReturn to Work Act 1986 101\n(5) A notice under subsection (4)(a):\n(a) must specify the maximum amount of the reasonable costs\npayable by the employer (the total of which is not to exceed\nthe amount of average weekly earnings at the time of the\nnotice); and\n(b) may specify the date before which those reasonable costs are\npayable.\n(6) An employer may pay an amount greater than the maximum\namount mentioned in subsection (5)(a).\n","sortOrder":101},{"sectionNumber":"103G","sectionType":"section","heading":"Parties to pay own costs","content":"103G Parties to pay own costs\nUnless the Court orders otherwise, the parties must bear their own\ncosts of the mediation.\n","sortOrder":102},{"sectionNumber":"103H","sectionType":"section","heading":"Offences","content":"103H Offences\n(1) A party commits an offence if:\n(a) the mediator requires a party to do one or more of the\n(i) attend a conference;\n(ii) provide specified written information to the mediator or\nanother party;\n(iii) provide specified written information to the mediator or\nanother party within a specified time; and\n(b) the party does not comply with the requirement.\n(2) A party commits an offence if:\n(a) the party receives a notice under section 103D(2A); and\n(b) the party does not comply with the notice.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n\nReturn to Work Act 1986 102\n","sortOrder":103},{"sectionNumber":"103J","sectionType":"section","heading":"Pre-condition to court proceedings","content":"103J Pre-condition to court proceedings\n(1) Subject to subsection (3), a claimant is not entitled to commence\nproceedings under Division 2 in respect of a dispute unless there\nhas been an attempt to resolve the dispute by mediation under this\nDivision and that attempt has been unsuccessful.\n(2) At the conclusion of a mediation, the mediator must issue to each of\nthe parties a certificate in the approved form:\n(a) stating that mediation has taken place;\n(b) listing the written information provided to the mediator by the\nparties during the mediation;\n(c) setting out the recommendations (if any) of the mediator; and\n(d) stating what the outcome of the mediation was.\n(3) A claimant is entitled to commence proceedings for an interim\ndetermination of his or her entitlement to compensation under\nsection 107 at any time after the claimant has applied to the\nAuthority under section 103D to have the dispute referred to\nmediation.\n","sortOrder":104},{"sectionNumber":"103K","sectionType":"section","heading":"Mediation proceedings privileged","content":"103K Mediation proceedings privileged\n(1) Except as expressly provided by or under this Act, anything said,\nwritten or done in the course of mediation under this Division is not\nadmissible in any other proceedings under this Act.\n(2) A certificate issued under section 103J(2) is admissible in\nproceedings under this Act.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Applications","content":"104 Applications\n(1) A person may, subject to this Act, commence proceedings before\nthe Court for the recovery of compensation under Part 5 or for an\norder or ruling in respect of a matter or question incidental to or\narising out of a claim for compensation under that Part.\n(2) Proceedings under this Division may be commenced before the\nCourt by application in the prescribed manner and form or, where\nthere is no manner or form prescribed, in such manner or form as\nthe Court approves.\n\nReturn to Work Act 1986 103\n(3) Proceedings to which section 103J(1) applies are to be commenced\nwithin 28 days after the claimant receives a certificate issued under\nsection 103J(2).\n(4) The failure to make a claim within the period specified in\nsubsection (3) shall not be a bar to the commencement of the\nproceedings if it is found that the failure was occasioned by\nmistake, ignorance of a disease, absence from the Territory or\nother reasonable cause.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Court list","content":"105 Court list\nThe managing Judge of the Court must keep and maintain a list for\nthe purposes of this Division.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Directions conference","content":"106 Directions conference\nBefore proceeding to hear a matter in the Court list, the Court must\nhold a directions conference.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Interim determination","content":"107 Interim determination\n(1) Subject to this section, the Court may make, vary or revoke an\ninterim determination of a party's entitlement to compensation.\n(2) The making or refusal to make an interim determination is not to be\ntaken to be a finding in respect of a party's entitlement to or liability\nfor compensation.\n(3) A party is entitled to compensation for the period specified in the\ninterim determination, being a period:\n(a) commencing within 10 weeks before the determination is\nmade; and\n(b) ending within 12 weeks after the order is made.\n(4) The Court may only revoke an interim determination:\n(a) on the making by the Court of a formal finding in respect of\nliability; or\n(b) with the consent of the parties.\n(5) The Court may make more than one interim determination of a\nparty's entitlement to compensation.\n\nReturn to Work Act 1986 104\n(6) The Court may only make a further determination under\nsubsection (5) if satisfied that:\n(a) the party would suffer undue hardship if the further\ndetermination were not made; or\n(b) the circumstances are otherwise exceptional.\n(7) Nothing in this section is to be taken to affect the power of the Court\nunder this Part to order, at the time it finally determines a party's\nentitlement to compensation, the repayment of all or part of the\namount paid under an interim determination.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Unreasonable delay in settlement of compensation","content":"109 Unreasonable delay in settlement of compensation\n(1) If, in a proceeding before it, the Court is satisfied that the employer\nhas caused unreasonable delay in accepting a claim for or paying\ncompensation, it must:\n(a) where it awards an amount of compensation against the\nemployer – order that interest on that amount at a rate\nspecified by it be paid by the employer to the person to whom\ncompensation is awarded; and\n(b) if, in its opinion, the employer would otherwise be entitled to\nhave costs awarded to him or her – order that costs be not\nawarded to him or her.\n(2) Where a weekly or other payment due under this Act to a person by\nan employer has not been made in a regular manner or in\naccordance with the normal manner of payment, the Court must, on\nan application in the prescribed form made to it by the person, order\nthat interest at a rate specified by it be paid by the employer to the\nperson in respect of the amount and period for which the weekly or\nother payment was or is delayed.\n(3) Where the Court orders that interest be paid under subsection (1)\nor (2), it may, in addition, order that punitive damages of an amount\nnot exceeding 100% of such interest be paid by the employer to the\nperson to whom compensation is awarded or to whom the weekly\nor other payment due under this Act is payable.\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Costs","content":"110 Costs\nIn awarding costs in a proceeding before the Court, the Court shall\ntake into account the efforts of the parties made before or after the\nmaking of the application under section 104 in attempting to come\nto an agreement about the matter in dispute and it may, as it thinks\nfit, include as costs in the action such reasonable costs of a party\nincurred in or in relation to those efforts, including in particular the\n\nReturn to Work Act 1986 105\nefforts made at the directions hearing and any conciliation\nconference.\n","sortOrder":111},{"sectionNumber":"110A","sectionType":"section","heading":"Procedure","content":"110A Procedure\n(2) The proceedings of the Court under this Division shall be conducted\nwith as little formality and technicality, and with as much expedition,\nas the requirements of this Act and the Work Health Administration\nAct 2011 and a proper consideration of the matter permits.\n(3) Subject to this Act and the Work Health Administration Act 2011,\nthe Court in proceedings under this Division is not bound by any\nrules of evidence but may inform itself on any matter in such\nmanner as it thinks fit.\n","sortOrder":112},{"sectionNumber":"110B","sectionType":"section","heading":"Client legal privilege and section 12(2) of Evidence Act 1939","content":"110B Client legal privilege and section 12(2) of Evidence Act 1939\nnot to apply\n(1) In this section:\nhospital report means a statement in writing concerning a worker\nmade by or on behalf of a hospital, rehabilitation centre or other\nmedical institution.\nmedical expert means a person lawfully practising in a branch of\nmedicine, dentistry, pharmacology, occupational therapy,\nphysiotherapy, rehabilitation, ergonomics or related field.\nmedical report means a statement in writing by a medical expert\nconcerning a worker and includes a document which the medical\nexpert intends should be read with the statement, whether the\ndocument was in existence at the time the statement was made or\nwas a document which he or she obtained or caused to be brought\ninto existence subsequently.\n(2) Client legal privilege does not apply to a medical report, hospital\nreport or other medical document that relates to a claim for\ncompensation under this Act.\n(3) Section 12(2) of the Evidence Act 1939 does not apply to or in\nrelation to civil proceedings under this Act.\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Application to Court","content":"111 Application to Court\n(1) A person who has a right to apply to the Court for a ruling or a right\nof appeal, or a right of review, under this Act (other than Part 5) or\nany other Act may, within the prescribed time and in the prescribed\nmanner and form (or, where there is no manner or form prescribed,\n\nReturn to Work Act 1986 106\nin such manner or form as the Court approves), apply to the Court\nfor the ruling or a determination of the appeal or matter.\n(2) An application referred to in subsection (1) shall be dealt with by the\nCourt as expeditiously as the circumstances will allow.\n","sortOrder":114},{"sectionNumber":"112","sectionType":"section","heading":"Appeals and disputes","content":"112 Appeals and disputes\nSubject to this Act and any other relevant Act, the Court shall\nconsider and determine all applications and appeals referred to in\nsection 111(1) in such manner as it thinks fit.\n","sortOrder":115},{"sectionNumber":"113","sectionType":"section","heading":"Review of determination of Authority","content":"113 Review of determination of Authority\nThe Court may hear an application relating to a review referred to in\nsection 111(1) and may determine the application by:\n(a) confirming the determination of the Authority;\n(b) disallowing that determination; or\n(c) substituting its determination for that of the Authority.\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"Enforcement of decision","content":"114 Enforcement of decision\n(1) The Court, in relation to an appeal or application referred to in\nsection 111, may make such orders (including orders as to costs)\nand give such direction, not inconsistent with this Act, as it thinks\nare reasonably necessary to enforce its decisions and\ndeterminations.\n(2) The Authority, all persons employed by or in the service of the\nAuthority and all persons affected by a decision or determination of\nthe Court taken or made under this Division or an order or direction\nreferred to in subsection (1) shall do all things reasonably\nnecessary to give effect to the relevant decision or determination.\n","sortOrder":117},{"sectionNumber":"114A","sectionType":"section","heading":"Appeal to Court constituted by Local Court Judge","content":"114A Appeal to Court constituted by Local Court Judge\n(1) Subject to subsection (2), a person affected by an order made or a\nthing done by a registrar under this Act may appeal against the\norder or thing to the Court constituted by a Local Court Judge.\n(2) No appeal lies under subsection (1) from the making, variation or\nrevocation by a registrar of an interim determination under\nsection 107.\n\n","sortOrder":118},{"sectionNumber":"Div 5","sectionType":"division","heading":"Reservations of points of law and appeals to Supreme Court","content":"Division 5 Reservations of points of law and appeals to Supreme Court\nReturn to Work Act 1986 107\n(3) An appeal under subsection (1) is to be by way of a hearing de\nnovo.\nDivision 5 Reservations of points of law and appeals to\nSupreme Court\n","sortOrder":119},{"sectionNumber":"115","sectionType":"section","heading":"Points of law may be reserved for consideration of Supreme","content":"115 Points of law may be reserved for consideration of Supreme\nCourt\n(1) The Court may, in its discretion, reserve a question of law arising\nout of a proceeding under this Act for the consideration of the\nSupreme Court and state a special case for the opinion of the\nSupreme Court.\n(2) The Supreme Court shall deal with a special case referred to it\nunder subsection (1) according to the practice of the Supreme\nCourt on such special cases and may make such order thereon\n(including an order as to the costs of the proceedings in the\nSupreme Court and in the Work Health Court) as it thinks fit.\n(3) The Supreme Court may send a special case referred to it under\nsubsection (1) back to the Court for amendment, or may itself\namend it.\n(4) The Court shall make a determination in respect of a matter\nreferred under subsection (1) to the Supreme Court in conformity\nwith a certificate of the Supreme Court.\n","sortOrder":120},{"sectionNumber":"116","sectionType":"section","heading":"Appeals","content":"116 Appeals\n(1) Subject to subsection (3), a party to a proceeding before the Court\nconstituted by a Local Court Judge who is aggrieved by a decision\nor determination of the Court may appeal against the decision or\ndetermination on a question of law to the Supreme Court within the\ntime and in the manner prescribed by the Rules of the Supreme\nCourt.\n(2) In deciding the appeal, the Supreme Court may:\n(a) confirm or vary the decision or determination; or\n(b) set aside the decision or determination and substitute its own\ndecision or determination; or\n(c) set aside the decision or determination and remit the matter to\nthe Work Health Court.\n(2A) For subsection (2), the Supreme Court may make the orders and\ngive the directions it considers appropriate.\n\nReturn to Work Act 1986 108\n(3) A party may not appeal under subsection (1) until the proceeding in\nwhich the decision or determination was made has been finally\ndetermined by the Court.\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"117 Definitions\nformer Fund means the Fund established under the repealed Act.\nFund means the Nominal Insurer's Fund established under\nsection 162.\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Application of Part","content":"118 Application of Part\n(1) Subject to subsection (2), this Part does not apply in relation to the\n(2) If a determination is published under section 164B(4) and for the\npurposes of the determination the Territory is taken to be an\nemployer approved under section 120 to self-insure, the provisions\nof section 164B that apply to self-insurers apply to the Territory for\nthe period the determination is in force.\n","sortOrder":123},{"sectionNumber":"119","sectionType":"section","heading":"Application for approval as approved insurer","content":"119 Application for approval as approved insurer\n(1) An insurer may apply in writing to the Authority for approval by the\nAuthority for the purposes of this Act.\n(2) The Authority may, in its absolute discretion, by notice in writing to\nthe insurer, approve an insurer who has under subsection (1)\napplied for approval, on any conditions the Authority considers\nappropriate, or refuse to approve the insurer.\n(3) Without limiting its discretion under subsection (2), the Authority\nshall, before approving or refusing to approve an insurer, take into\nconsideration:\n(a) the insurer's ability to provide the necessary insurance\nservice, including its ability to meet time limits imposed by this\nAct;\n\nReturn to Work Act 1986 109\n(b) the likely market share of the insurer and its likely effect on its\ncost efficiency in supplying the service;\n(c) the financial viability of the insurer;\n(d) the insurer's ability to provide the statistical and other\ninformation required or likely to be required under this Act; and\n(e) such other matters as are prescribed.\n","sortOrder":124},{"sectionNumber":"120","sectionType":"section","heading":"Application for approval to self-insure","content":"120 Application for approval to self-insure\n(1) An employer may apply in writing to the Authority for approval to\nself-insure for the purposes of this Act.\n(2) The Authority may, in its absolute discretion, by notice in writing to\nthe employer, approve an employer who has under subsection (1)\napplied for approval, on any conditions the Authority considers\nappropriate, or refuse to approve the employer.\n(3) Without limiting its discretion under subsection (2), the Authority\nshall, before approving or refusing to approve an employer to self-\ninsure, take into consideration:\n(a) the employer's ability to provide the necessary service;\n(b) the financial viability of the employer;\n(c) the employer's ability to provide the statistical and other\ninformation required or likely to be required under this Act; and\n(d) such other matters as are prescribed.\n","sortOrder":125},{"sectionNumber":"120A","sectionType":"section","heading":"Variation of conditions","content":"120A Variation of conditions\n(1) The Authority may, on its own initiative, vary the conditions of an\napproval under section 119 or 120.\n(2) Before varying the conditions, the Authority must give the insurer or\nemployer written notice:\n(a) explaining the proposed variation; and\n(b) stating the reasons for the proposed variation; and\n(c) inviting the insurer or employer to submit a response to the\nproposed variation within 28 days after the date of the notice.\n(3) The Authority may, having considered any response mentioned in\nsubsection (2)(c), vary the conditions of the approval as proposed\nin the notice or in another way the Authority considers appropriate.\n\nReturn to Work Act 1986 110\n(4) As soon as practicable after deciding to vary the conditions under\nsubsection (3), the Authority must give a written notice to the\ninsurer or employer:\n(a) explaining the variation; and\n(b) stating the date on which the variation takes effect (which\nmust not be sooner than 7 days after the notice is given).\n(5) The variation takes effect on the date mentioned in the notice under\nsubsection (4).\n(6) Subsections (2) to (5) do not apply if the variation is for a formal or\nclerical reason that does not alter the substance of the conditions.\n","sortOrder":126},{"sectionNumber":"121","sectionType":"section","heading":"Period and renewal of approval","content":"121 Period and renewal of approval\n(1) Subject to this Part, where an insurer or employer is approved\nunder section 119 or 120, the approval shall have effect for such\nperiod as is specified in the notice of approval.\n(2) An approved insurer or self-insurer may, not later than 42 days\nbefore the expiration of his or her approval, apply in writing to the\nAuthority for a renewal of that approval.\n(3) The Authority:\n(a) shall consider an application under subsection (2) as if it were\nan application under section 119 or 120, as the case may be;\nand\n(b) may, in its absolute discretion, renew or refuse to renew the\napproval.\n(4) If the Authority renews an approval, the Authority may renew the\napproval on any conditions that it considers appropriate, whether or\nnot there were conditions imposed on the original approval.\n","sortOrder":127},{"sectionNumber":"121A","sectionType":"section","heading":"Contribution towards administration costs","content":"121A Contribution towards administration costs\n(1) In addition to any other condition, an approval granted under\nsection 119 or 120 or renewed under section 121 is subject to the\ncondition that the approved insurer or self-insurer pay to the\nTerritory, within the time determined by the Authority, any amount\ndetermined by the Authority as the insurer's or self-insurer's\ncontribution towards:\n(a) that part of the administration costs of the Court associated\nwith proceedings under this Act; and\n\nReturn to Work Act 1986 111\n(b) that part of the administration costs of the Supreme Court\nassociated with proceedings under this Act; and\n(c) the costs incurred by the Authority in providing a mediation\nservice; and\n(d) the costs incurred by the Territory in relation to the Authority's\nperformance of functions under this Act, the Work Health\nAdministration Act 2011 or another Act, and generally in\nrelation to promoting work health and safety.\n(2) The Authority may establish and maintain procedures for one or\nboth of the following:\n(a) payments to be made under this section;\n(b) payment of mediators participating in the mediation service\nprovided by the Authority.\n","sortOrder":128},{"sectionNumber":"122","sectionType":"section","heading":"Additional information to be supplied","content":"122 Additional information to be supplied\n(1) The Authority may direct an insurer or employer who has made an\napplication under section 119 or 120, or an approved insurer or\nself-insurer, to provide it with such information, and at such times,\nas it thinks fit relating to the matters referred to in section 119(3)\nor 120(3) or for the purposes of 121(3).\n(2) An insurer, employer, approved insurer or self-insurer referred to in\nsubsection (1) shall not refuse or fail to comply with a direction\nunder that subsection to the extent that he or she is capable of\ncomplying with it.\nMaximum penalty: 125 penalty units.\n","sortOrder":129},{"sectionNumber":"123","sectionType":"section","heading":"Notice of refusal","content":"123 Notice of refusal\nWhere the Authority refuses under section 119 or 120 to approve\nan insurer or an employer, or under section 121 to renew the\napproval of an approved insurer or a self-insurer, it shall give to the\ninsurer, employer, approved insurer or self-insurer, in writing, its\nreasons for so refusing.\n","sortOrder":130},{"sectionNumber":"124","sectionType":"section","heading":"Revocation or suspension of approval","content":"124 Revocation or suspension of approval\n(1) The Authority may at any time, in its absolute discretion, by notice\nin writing to an approved insurer or self-insurer, revoke or suspend\nfor the period specified in the notice the insurer's or self-insurer's\napproval under this Division.\n\nReturn to Work Act 1986 112\n(2) A notice under subsection (1) shall be accompanied by a statement\nof the Authority's reasons for revoking or suspending the approval.\n(3) As soon as practicable after it revokes or suspends the approval of\nan approved insurer or self-insurer the Authority shall cause to be\npublished in a newspaper circulating throughout the Territory a\nnotice of that fact.\n(4) The revocation under this section of an approval shall not:\n(a) annul a policy of insurance issued before the revocation; or\n(b) diminish or otherwise affect the liability of the insurer under a\npolicy referred to in paragraph (a) or of an employer in relation\nto his or her status under this Act as a self-insurer before the\nrevocation.\n(5) For the purposes of this Act, an insurer or self-insurer whose\napproval is suspended under this section is not to be taken to be an\napproved insurer or self-insurer during the period of the\nsuspension.\n","sortOrder":131},{"sectionNumber":"124A","sectionType":"section","heading":"Civil penalties","content":"124A Civil penalties\n(1) Where an approved insurer or self-insurer:\n(a) contravenes the approval; or\n(b) contravenes this Act,\nin addition to or instead of revoking or suspending the approval, the\nAuthority may, by notice in writing to the insurer or self-insurer,\nrequire the insurer or self-insurer to pay to the Territory the amount\nprescribed by the Regulations for the contravention or that class of\ncontravention.\n(2) A notice under subsection (1) is to specify:\n(a) the nature of the contravention; and\n(b) the circumstances in which the contravention occurred; and\n(c) the amount required to be paid; and\n(d) the time for payment.\n(3) An amount payable under subsection (1) is a debt due to the\nTerritory by the insurer or self-insurer.\n\nReturn to Work Act 1986 113\n(4) This section applies despite any other penalty that may be or has\nbeen imposed under this Act on the insurer or self-insurer in\nrespect of the contravention.\n","sortOrder":132},{"sectionNumber":"125","sectionType":"section","heading":"Offence by insurers","content":"125 Offence by insurers\n(1) A person who is not an approved insurer shall not:\n(a) advertise or hold himself or herself out to be:\n(i) an approved insurer; or\n(ii) a person who undertakes workers compensation\ninsurance business in the Territory; or\n(b) undertake or offer to undertake workers compensation\ninsurance business in the Territory.\nMaximum penalty: 430 penalty units.\nDefault maximum penalty: 17 penalty units.\n(2) All moneys received in respect of the conduct of workers\ncompensation insurance business in the Territory by a person\nfound guilty of an offence against subsection (1) are forfeited to the\n(3) Nothing in this section affects the liability of a person by or under a\ncontract of insurance or indemnity entered into by him or her.\n","sortOrder":133},{"sectionNumber":"126","sectionType":"section","heading":"Definition","content":"126 Definition\nadequate policy of insurance or indemnity, in relation to an\nemployer, means a policy of insurance or indemnity that is:\n(a) issued by an approved insurer; and\n(b) for the full amount of the employer's liability under this Act to\nall workers employed by the employer; and\n(c) for an amount of not less than the amount prescribed by\nregulation in respect of the employer's liability, independent of\nthis Act, for an injury to a worker in the employer's employ.\n\nReturn to Work Act 1986 114\n126AA Employer must have adequate insurance\n(1) An employer, other than a self-insurer, must do the following:\n(a) obtain an adequate policy of insurance or indemnity;\n(b) ensure that the adequate policy of insurance or indemnity is in\nforce when the employer carries on business and employs\none or more workers.\n(2) An employer who contravenes subsection (1) commits an offence.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the Court is satisfied that at the time of the alleged\noffence:\n(a) the employer believed on reasonable grounds that the\nemployer could not be liable under this Act in respect of the\nworker because the worker was not a Territory worker; and\n(b) there was in force for the employer, in respect of the worker's\nemployment, insurance or registration required in respect of\nliability for statutory workers compensation under the law of\nthe jurisdiction with which the employer believed on\nreasonable grounds that the worker's employment was\nconnected.\n(5) An additional penalty may be imposed on an employer who is guilty\nof an offence against subsection (2).\n(6) The additional penalty must be an amount that does not exceed the\namount of the premium that would have been payable by the\nemployer to obtain and maintain in force an adequate policy of\ninsurance or indemnity for the relevant period.\n(7) For subsection (6), the relevant period is:\n(a) if the period during which the employer did not have the\nadequate policy of insurance or indemnity in force is 2 years\nor more – the last 2 years of the period; or\n(b) otherwise – the period during which the employer did not have\nthe adequate policy of insurance or indemnity in force.\n\nReturn to Work Act 1986 115\n126AB Approved insurer must issue or renew policy\n(1) An approved insurer must not, except with the consent in writing of\nthe Authority, refuse to issue to an employer, or renew, an\nadequate policy of insurance or indemnity if the employer has:\n(a) applied for the policy or the renewal of the policy; and\n(b) tendered the premium for the policy; and\n(c) complied with the approved conditions.\n(2) An approved insurer who contravenes subsection (1) commits an\n(3) An approved insurer commits an offence if:\n(a) the approved insurer issues to an employer an adequate\npolicy of indemnity or insurance; and\n(b) the policy contains a provision other than a provision that:\n(i) is prescribed by regulation; or\n(ii) is in relation to the employer's liability at common law or\nunder any other law of the Territory and is appropriate\nfor the particular employer and the particular policy; or\n(iii) complies with a condition imposed by the Authority\nunder section 119, 120 or 121, or imposed by the\nAuthority by way of variation of conditions under\nsection 120A.\n(4) An offence under subsection (2) or (3) is an offence of strict liability\n(5) It is a defence to a prosecution for an offence against\nsubsection (2) or (3) if the defendant has a reasonable excuse.\n(6) A contravention of subsection (2) or (3) does not annul the policy of\ninsurance or diminish or affect the liability of the insurer to the\nperson insured under the policy.\n(7) An insurer under an adequate policy of insurance or indemnity is\nliable under the policy as if the policy were in accordance with\nsubsection (3) even if the insurer is not an approved insurer.\n\nReturn to Work Act 1986 116\n","sortOrder":134},{"sectionNumber":"126A","sectionType":"section","heading":"Liability as between approved insurers","content":"126A Liability as between approved insurers\n(1) Subject to subsection (2), where an employer is liable under this\nAct to pay compensation to a worker, the approved insurer of the\nemployer at the time the claim is made shall indemnify the\nemployer for the full amount of the employer's liability to the worker\nnotwithstanding that the approved insurer may allege that, at the\ntime the injury was sustained or the disease was caused, the\nliability to indemnify the employer (whether in whole or in part) was\nthat of another approved insurer.\n(2) Where an approved insurer who has indemnified an employer for\nthe employer's liability to pay compensation to a worker under this\nAct is aware that another approved insurer may be liable to\nindemnify the employer for all or a part of the compensation paid,\nthe first-mentioned insurer:\n(a) shall notify the other insurer as soon as practicable after\nbecoming aware of the insurer's potential liability; and\n(b) may, within 6 months after becoming aware of the other\ninsurer's potential liability or such longer period as the Court\nmay allow:\n(i) commence proceedings in the Court to recover from the\nother insurer all or a part of the compensation paid; or\n(ii) where other proceedings in respect of the claim for\ncompensation have been commenced, join the other\ninsurer as a party to those proceedings.\n(3) Where an approved insurer has indemnified an employer for the\nemployer's liability to pay compensation to a worker under this Act\nand it is subsequently established that another approved insurer\nwas liable to indemnify that employer in whole or in part, that other\ninsurer shall reimburse the first-mentioned insurer such amount or\namounts:\n(a) as agreed between the 2 insurers; or\n(b) in the absence of such agreement, as the Court determines.\n(4) In this section, approved insurer includes:\n(a) a self-insurer; and\n(b) the Territory.\n\nReturn to Work Act 1986 117\n","sortOrder":135},{"sectionNumber":"127","sectionType":"section","heading":"Subcontracting","content":"127 Subcontracting\n(1) Where a person (in this section called a principal contractor)\ncontracts with another person (in this section called a\nsubcontractor) for the execution by or under the subcontractor of\nwork undertaken by the principal contractor in the course of the\nprincipal contractor's business or trade, the principal contractor is\nliable to pay compensation under this Act to a worker employed by\nthe subcontractor in the execution of that work as if the worker has\nbeen employed by the principal contractor.\n(2) Where a claim for compensation from a principal contractor is made\nunder this Act by a worker employed by a subcontractor:\n(a) a reference in this Act to the worker's employer is to be read\nas including a reference to the principal contractor; and\n(b) a reference in this Act to the worker's earnings is to be read as\na reference to the worker's earnings from the subcontractor.\n(3) A principal contractor who is liable to pay compensation under this\nsection is entitled to be indemnified by any person who is liable to\npay compensation to the worker other than by virtue of this section.\n(4) Nothing in subsection (3) is to be construed as requiring the\nNominal Insurer to indemnify a principal contractor.\n(5) Nothing in this section is to be construed as preventing a worker\nfrom recovering compensation from the subcontractor instead of the\nprincipal contractor.\n","sortOrder":136},{"sectionNumber":"128","sectionType":"section","heading":"Joint policies","content":"128 Joint policies\n(1) Where 2 or more persons may become liable under this Act in\nrespect of an injury to the same person and they have obtained\nfrom an approved insurer a joint policy of insurance or indemnity in\nrespect of their liability, section 126(1) is deemed to have been\ncomplied with by each of them.\n(2) In respect of a joint policy referred to in subsection (1), an approved\ninsurer shall not charge a premium in excess of prevailing rates for\ninsurance of an employer's liability in respect of workers engaged in\nthe same trade, occupation, calling or industry.\n","sortOrder":137},{"sectionNumber":"129","sectionType":"section","heading":"Principal controlled sites","content":"129 Principal controlled sites\n(1) Where a person (in this section referred to as the principal)\nintends to contract or has contracted, other than under a contract of\nservice or apprenticeship, with another person (in this section\nreferred to as the contractor) for work to be done by or on behalf\n\nReturn to Work Act 1986 118\nof the contractor, the principal may obtain from an approved insurer\na policy of insurance or indemnity (in accordance with the\nRegulations, with the necessary changes) which, in relation to the\nwork specified in the policy of insurance or indemnity as work to be\ndone by or on behalf of that contractor, covers:\n(a) the principal's liability under this Act;\n(b) the contractor's liability under this Act; and\n(c) the liability under this Act of those persons with whom the\ncontractor intends to contract or has contracted in order to\nfulfil his or her contractual obligations with the principal.\n(2) It is a defence to a prosecution for an offence against section 126\nwhere the defendant satisfies the court that his or her liability under\nthis Act is the subject of a policy of insurance or indemnity under\n","sortOrder":138},{"sectionNumber":"130","sectionType":"section","heading":"Statement of payments to workers to be supplied to insurer","content":"130 Statement of payments to workers to be supplied to insurer\n(1) Subject to subsection (4), an employer applying to an insurer for the\nissue or renewal of a policy of insurance or indemnity (for which\npurpose policy of insurance or indemnity includes a cover note)\nagainst liability under this Act shall:\n(a) not later than 28 days after:\n(i) the issue of the policy;\n(ii) the date for renewal of the policy; or\n(iii) the policy expires,\nas the case may be, give to the insurer a statement containing\nthe information referred to in subsection (3); and\n(b) not later than 28 days after the expiration of each such period\nof insurance or indemnity, supply the insurer with a full and\ncorrect statement of the amounts actually paid by him or her\nduring the period.\n(2) An employer who contravenes subsection (1) is guilty of a\nMaximum penalty: 25 penalty units.\n\nReturn to Work Act 1986 119\n(3) An employer shall include in a statement referred to in\nsubsection (1)(a):\n(a) a proper estimate of the payments that will be payable by him\nor her during the insurance or indemnity period to the workers\nin his or her employ in respect of whom the employer would\nbe entitled to claim under the policy;\n(b) a statement showing the trade, occupation and calling of such\n(c) such other information as is prescribed.\n(4) Where:\n(a) the Authority approves a form in or to the effect of which a\nstatement referred to in subsection (1) is to be supplied; or\n(b) the Regulations prescribe the manner in which the statement\nis to be verified,\na statement is not sufficient for the purposes of subsection (1)\nunless it is supplied in that form or verified in that manner.\n(5) An employer shall keep full and correct records of:\n(a) all wages paid to;\n(b) the trade, occupation or calling of; and\n(c) such other matters as are prescribed relating to wages paid to,\nworkers employed by him or her.\n(6) An employer shall, for not less than 7 years, retain in the Territory\nthe records referred to in subsection (5).\n(7) An employer who fails to comply with subsection (6) is guilty of a\nMaximum penalty: 17 penalty units.\n","sortOrder":139},{"sectionNumber":"131","sectionType":"section","heading":"Payment of premiums","content":"131 Payment of premiums\n(1) Where, in respect of a policy of insurance or indemnity against\nliability under this Act:\n(a) the insurance or indemnity period is 12 months; and\n\nReturn to Work Act 1986 120\n(b) the premium payable is more than $500 or, where some other\namount is prescribed, more than that other amount,\nthe employer may, in such manner as is agreed on between himself\nor herself and the insurer or, in default of agreement, as is\nprescribed, elect to pay the premium by 4 instalments, the several\ninstalments being payable on dates that are 1, 3, 5 and 7 months\nafter service on the employer of a demand or request by the insurer\nfor payment of the premium.\n(2) An instalment referred to in subsection (1) in respect of a premium\nreferred to in that subsection shall be:\n(a) due on the dates that are 1, 3, 5 and 7 months after service on\nthe employer of a demand or request for payment of the\npremium; and\n(b) equal to 25% of the premium.\n(3) Where an employer:\n(a) has not elected under subsection (1) to pay a premium\nreferred to in that subsection by instalments and fails to pay\nthe full amount of the premium within one month after service\non him or her of a notice that payment of the premium is due;\n(b) has elected under subsection (1) to pay a premium referred to\nin that subsection by instalments and fails to pay an instalment\nby the due date for the instalment; or\n(c) fails to pay an adjustment of a premium referred to in\nsubsection (1) within one month after service on him or her of\na notice that payment of the amount of the adjustment is due,\nthen:\n(d) in the case referred to in paragraph (a) – the full amount of the\npremium referred to in that paragraph;\n(e) in the case referred to in paragraph (b) – the balance of the\npremium referred to in that paragraph unpaid or, where no\ninstalment has been paid, the full amount of that premium; and\n(f) in the case referred to in paragraph (c) – the amount of the\nadjustment referred to in that paragraph,\nbears interest until payment is made (except to the extent that\npayment of interest is waived by the insurer) at the prescribed rate\nand is recoverable with interest as a debt due and payable.\n\nReturn to Work Act 1986 121\n","sortOrder":140},{"sectionNumber":"132","sectionType":"section","heading":"Recovery of compensation from insurer","content":"132 Recovery of compensation from insurer\n(1) Where:\n(a) a claim has been made against an employer that the employer\nis liable to pay compensation;\n(b) in relation to the claim, the employer has agreed to pay\ncompensation or the liability of the employer to pay\ncompensation has been established in accordance with this\nAct;\n(c) the employer is entitled to be indemnified against his or her\nliability to pay the compensation under a policy of insurance or\nindemnity obtained in accordance with this Act; and\n(d) the employer defaults in payment of an amount of the\ncompensation for a period exceeding one month,\nthe person entitled to the compensation may make a claim against\nthe approved insurer of the employer for payment of the amounts of\ncompensation payable and to become payable.\n(2) A claim under subsection (1) shall be made within one month after\nthe right to make the claim arose or within such further time as the\nCourt, on an application made before or after the expiration of that\nperiod of one month, allows.\n(3) The Court may allow such further time for the making of a claim\nunder subsection (1) as it thinks fit and the claim may be made\n(4) An approved insurer shall, in writing to an employer who has\ndefaulted in payment of the compensation, give notice of the\nmaking of a claim under subsection (1).\n","sortOrder":141},{"sectionNumber":"133","sectionType":"section","heading":"Payments by approved insurer","content":"133 Payments by approved insurer\n(1) Where a person makes a claim against an approved insurer in\naccordance with section 132, the approved insurer shall pay to the\nperson the compensation payable at the date of the claim or\nbecoming payable after that date.\n(2) An amount payable to a person by an approved insurer is a debt\ndue and payable by the insurer.\n\nReturn to Work Act 1986 122\n","sortOrder":142},{"sectionNumber":"134","sectionType":"section","heading":"Effects of payment by approved insurer","content":"134 Effects of payment by approved insurer\nWhere an approved insurer pays an amount under section 133 in\nrespect of a liability of an employer, the payment operates to the\nextent of the payment to discharge:\n(a) the liability of the employer to the person entitled to the\n(b) the liability, if any, of the approved insurer to the employer.\n","sortOrder":143},{"sectionNumber":"135","sectionType":"section","heading":"Act of employer not defence of approved insurer","content":"135 Act of employer not defence of approved insurer\n(1) It shall not be a defence by an approved insurer to a claim under\nsection 132 that he or she is not liable under the policy of insurance\nor indemnity by reason of an act of the employer who has defaulted\nin payment of the compensation.\n(2) Without limiting the generality of subsection (1), it shall not be a\ndefence by an approved insurer to a claim under section 132 that\nhe or she is not liable under the policy of insurance or indemnity\nmerely because:\n(a) the policy was obtained by a false statement or\nmisrepresentation or non-disclosure, whether fraudulent,\nmaterial or otherwise; or\n(b) the employer who is insured under the policy has committed a\nbreach of, or has failed to comply with, a term, condition or\nwarranty of that policy; or\n(c) the employer who is insured under the policy has committed a\nbreach of, or has failed to comply with, a provision of this Act\nor a law in force in the Territory relating to the employment of\nworkers.\n","sortOrder":144},{"sectionNumber":"136","sectionType":"section","heading":"Recovery by approved insurer from employer","content":"136 Recovery by approved insurer from employer\n(1) Subject to subsection (2), an approved insurer may, in addition to\nany other right or remedy he or she may have, recover from an\nemployer referred to in section 132(1) so much of:\n(a) an amount which the approved insurer has paid pursuant to\nsection 133; and\n(b) the cost of expenses reasonably incurred by the approved\ninsurer,\n\nReturn to Work Act 1986 123\nas the approved insurer has paid under or in consequence of a\npolicy of insurance or indemnity where there has been:\n(c) a false statement or misrepresentation or non-disclosure in\nobtaining the policy; or\n(d) a contravention by that employer of a term, condition or\nwarranty of the policy, a provision of this Act or a law in force\nin the Territory relating to the employment of workers.\n(2) An approved insurer shall not be entitled to recover moneys under\nsubsection (1) unless the court in which the proceedings for\nrecovery of the moneys are taken is satisfied:\n(a) where there has been a false statement or misrepresentation\nor non-disclosure in obtaining the policy – that the false\nstatement or misrepresentation or non-disclosure, whether\nfraudulent or otherwise, was in relation to some fact or thing of\nsuch a nature as would have justified the approved insurer\ncharging a higher premium in respect of the policy than the\npremium paid or payable by the employer; or\n(b) where there has been a contravention of a term, condition,\nwarranty or provision referred to in subsection (1)(d) – that the\ncontravention was such that it contributed materially to the\ncircumstances in which the approved insurer agreed to pay or\notherwise became liable to pay the moneys sought to be\nrecovered.\n","sortOrder":145},{"sectionNumber":"137","sectionType":"section","heading":"Default of approved insurer","content":"137 Default of approved insurer\n(1) Where:\n(a) a claim has been made against an employer that he or she is\nliable to pay compensation under this Act, or damages\notherwise than under this Act, in respect of an injury,\nincapacity or death;\n(b) in relation to the claim, the employer has agreed to pay\ncompensation or damages, as the case may be, or the liability\nof the employer to pay compensation or damages has or has\nnot been established or has been declined;\n(c) the employer is entitled to be indemnified against his or her\nliability to pay the compensation, or all or part of the damages\nunder a policy of insurance or indemnity obtained in\naccordance with this Act; and\n\nReturn to Work Act 1986 124\n(d) in the case:\n(i) of an amount of compensation or damages agreed to be\npaid or in respect of which the employer's liability to pay\nhas been established – an amount payable under the\npolicy of insurance or indemnity referred to in\nparagraph (c) is not paid and has remained unpaid for a\nperiod of one month;\n(ii) where the liability of an employer to pay compensation\nor damages claimed has not been established within one\nmonth after notice of a worker's claim has been lodged\nwith the relative approved insurer; or\n(iii) where the liability of an employer to pay compensation\nor all or any damages claimed has been declined,\nthe Nominal Insurer shall, subject to subsection (3), have the same\nrights, powers, duties and liabilities in respect of the claim as the\napproved insurer would have had if the approved insurer had\nprovided the indemnity referred to in paragraph (c).\n(2) Where an approved insurer is unable to make a payment required\nto be made under a policy of insurance or indemnity issued in\naccordance with this Act in respect of a claim to which\nsubsection (1) applies, the approved insurer or a person holding in\nrelation to the approved insurer the office of liquidator, receiver,\nreceiver and manager or official manager shall:\n(a) forthwith notify the Nominal Insurer of the claim; and\n(b) make available to the Nominal Insurer any books or papers\nrelevant to the claim, including all agreements, contracts,\ntreaties or other documents relating to reinsurance\narrangements in effect at the time of the injury, incapacity or\ndeath giving rise to the claim.\n(3) Where an approved insurer is unable to make any or complete\npayment required to be made under a policy of insurance or\nindemnity issued in accordance with this Act in respect of a claim to\nwhich subsection (1) applies and the Nominal Insurer has made a\npayment in respect of that claim:\n(a) the Nominal Insurer has the right to subrogation in respect of\nall rights that the employer may have against any person in\nrelation to the occurrence that gave rise to the claim for\ncompensation or damages, as the case may be;\n(b) the right to subrogation shall vest in the Nominal Insurer to the\nexclusion of all other rights to subrogation that would\n\nReturn to Work Act 1986 125\notherwise exist in favour of the approved insurer or the\nperson, if any, holding in relation to the approved insurer the\noffice of liquidator, receiver, receiver and manager or official\nmanager, whether arising under a law in force in the Territory\nor the policy of insurance or indemnity under this Act; and\n(c) all rights which the approved insurer has to receive payments\nunder an agreement, contract, treaty or other document\nrelating to reinsurance in respect of a claim referred to in\nsubsection (1) shall be deemed to be assigned to the Nominal\nInsurer from the date that the Nominal Insurer first makes a\npayment in respect of that claim, to the exclusion of any\nperson holding in relation to the approved insurer the office of\nliquidator, receiver, receiver and manager or official manager,\nnotwithstanding any rule of law or statutory provision to the\ncontrary.\n","sortOrder":146},{"sectionNumber":"138","sectionType":"section","heading":"Policies deemed to be cancelled in certain cases","content":"138 Policies deemed to be cancelled in certain cases\n(1) Where an employer had a policy of insurance or indemnity under\nthis Act with an approved insurer immediately before:\n(a) the insurer's approval as an approved insurer was revoked\nunder section 124; or\n(b) a liquidator, receiver, receiver and manager or official\nmanager was appointed for the insurer under a law relating to\nthe registration of bodies corporate in the Territory or in a\nState or another Territory of the Commonwealth in which the\ninsurer was incorporated,\nand the employer subsequently took out a policy of insurance or\nindemnity under this Act with another approved insurer, the first-\nmentioned policy of insurance or indemnity shall be deemed to\nhave been duly cancelled at the time that the new policy became\neffective.\n(2) In a case referred to in subsection (1), the employer is entitled to\nrecover from his or her former insurer, as a debt due and payable,\nthe amount of all unearned premiums paid by him or her to the\nformer insurer.\n","sortOrder":147},{"sectionNumber":"138A","sectionType":"section","heading":"Expiration of policy","content":"138A Expiration of policy\n(1) An approved insurer shall, not later than 28 days before the day on\nwhich a policy of insurance or indemnity against liability under this\nAct is due to expire, notify, in writing, the employer who obtained\nthe policy or a person acting as the agent of the employer of the\ndate on which the policy is due to expire and that the policy will\nexpire on that date unless a premium, as agreed by the insurer and\n\nReturn to Work Act 1986 126\nthe employer, for the renewal of the policy is paid or agreed to be\npaid on or before that date.\n(2) Where:\n(a) an approved insurer fails to comply with subsection (1); and\n(b) before the policy referred to in that subsection expired, the\nemployer who obtained the policy had not obtained another\npolicy of insurance or indemnity against liability under this Act,\nthen, by force of this section, there exists between the approved\ninsurer and the employer a policy of insurance or indemnity against\nliability under this Act which shall provide the same cover as\nprovided by the expired policy commencing on the date of the\nexpiration of that policy and expiring 28 days after a notice as\nrequired by subsection (1) is given to the employer.\n(3) A notice under subsection (1) given after the time specified in that\nsubsection shall contain a statement that the policy of insurance or\nindemnity against liability under this Act as existing between the\nemployer and the approved insurer shall, in accordance with\nsubsection (2), expire 28 days after the notice is given.\n","sortOrder":148},{"sectionNumber":"139","sectionType":"section","heading":"Inspection of policies","content":"139 Inspection of policies\n(1) The Authority may, by notice in writing, require an employer to:\n(a) produce for inspection a policy of insurance or indemnity\nindemnifying him or her against his or her liability under this\nAct; and\n(b) furnish such particulars in relation thereto as the Authority\nthinks fit.\n(2) A notice under subsection (1) may be served on an employer in the\nsame manner as a claim for compensation may be given or served\nunder section 83.\n","sortOrder":149},{"sectionNumber":"140","sectionType":"section","heading":"Definitions","content":"140 Definitions\nChairperson means the Chairperson of the Committee.\nCommittee means the Scheme Monitoring Committee.\nmember means a member of the Committee.\n\nReturn to Work Act 1986 127\n","sortOrder":150},{"sectionNumber":"141","sectionType":"section","heading":"Scheme Monitoring Committee","content":"141 Scheme Monitoring Committee\n(1) There shall be a committee by the name of the Scheme Monitoring\nCommittee.\n(2) The Committee shall consist of the Chief Executive Officer or a\nperson in the employ of the Authority nominated by him or her, who\nshall be its Chairperson, and not more than 7 other members (one\nof whom shall be an actuary) appointed by the Minister.\n(3) Before appointing the members of the Committee the Minister shall,\nby notice in the Gazette, advertise his or her intention to make the\nappointments and invite any organization claiming to represent the\ninterests of employers, workers or insurers to submit to him or her\nthe name or names of a person or persons it recommends should\nbe appointed as a member or members.\n(4) Without limiting his or her discretion under this section, the Minister\nshall, before appointing a person to be a member, consider all\nrecommendations made to him or her as the result of an\nadvertisement under subsection (3).\n","sortOrder":151},{"sectionNumber":"142","sectionType":"section","heading":"Period of appointment","content":"142 Period of appointment\nSubject to this Division, a member (other than the Chairperson)\nholds office for such period, not exceeding 2 years, as is specified\nin the instrument of his or her appointment, but is eligible for\nre-appointment.\n","sortOrder":152},{"sectionNumber":"143","sectionType":"section","heading":"Resignation of members","content":"143 Resignation of members\nA member may resign his or her office by writing signed by him or\nher and delivered to the Minister.\n","sortOrder":153},{"sectionNumber":"144","sectionType":"section","heading":"Dismissal of members","content":"144 Dismissal of members\n(1) The Minister may terminate the appointment of a member for\ninability, inefficiency, misbehaviour or physical or mental incapacity.\n(2) Where a member:\n(a) is absent, except on leave granted by the Committee, from\n3 consecutive meetings of the Committee; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with his or\nher creditors or makes an assignment of his or her\nremuneration for their benefit,\nthe Minister shall terminate the appointment of the member.\n\nReturn to Work Act 1986 128\n","sortOrder":154},{"sectionNumber":"145","sectionType":"section","heading":"Functions and powers of Committee","content":"145 Functions and powers of Committee\n(1) The functions of the Committee are to:\n(a) monitor the viability and performance of the workers\ncompensation scheme;\n(aa) monitor premium rates offered for workers compensation in\nthe Territory;\n(b) receive submissions from persons relating to premium rates\ncharged for workers compensation insurance policies in the\nTerritory or elsewhere;\n(c) monitor and publish data on overall underwriting results; and\n(d) advise the Minister on the basis of its consideration of\ninformation obtained by it.\n(1A) It is also a function of the Committee to consider and report on the\neffectiveness of the premiums offered by insurers:\n(a) in encouraging employers to develop and maintain safe\nworking practices; and\n(b) in penalizing employers which do not ensure the maintenance\nof safe working practices.\n(2) The Committee has such powers as are necessary to enable it to\ncarry out its functions or as are conferred on it by or under this or\nany other Act.\n","sortOrder":155},{"sectionNumber":"146","sectionType":"section","heading":"Authority to provide information to Committee","content":"146 Authority to provide information to Committee\nThe Authority shall provide the Committee with such information in\nits possession as is reasonably necessary to enable the Committee\nto perform its functions.\n","sortOrder":156},{"sectionNumber":"147","sectionType":"section","heading":"Obtaining of information by Committee","content":"147 Obtaining of information by Committee\n(1) The Committee may, by notice in writing by its Chairperson, require\na person to furnish to it such information as it reasonably requires\nto enable it to carry out its functions.\n\nReturn to Work Act 1986 129\n(2) A person required under subsection (1) to furnish information who,\nwithout lawful excuse, refuses or fails to furnish the information\nwithin the time specified in the notice under that subsection or such\nfurther time as the Committee allows, is guilty of an offence.\nMaximum penalty: In the case of a body corporate – 8 penalty\nIn the case of a natural person – 4 penalty\n0.8 penalty unit.\n","sortOrder":157},{"sectionNumber":"148","sectionType":"section","heading":"Meetings of Committee","content":"148 Meetings of Committee\n(1) The Chairperson shall call such meetings of the Committee as are\nnecessary for the exercise of its powers and the performance of its\nfunctions.\n(2) The Minister may, at any time, direct the Chairperson to convene a\nmeeting of the Committee and the Chairperson shall convene a\nmeeting in accordance with that direction.\n(3) The Chairperson shall preside at all meetings of the Committee at\nwhich he or she is present and, in the absence of the Chairperson\nfrom a meeting, the members present shall elect one of their\nnumber to preside at the meeting.\n(4) At a meeting of the Committee:\n(a) 50% of the members for the time being holding office\nconstitute a quorum;\n(b) questions arising shall be determined by a majority of the\nvotes of the members present and voting and, in the event of\nan equality of votes, the Chairperson or other member\npresiding has a casting vote as well as a deliberative vote; and\n(c) subject to this Act, the Committee shall determine the\nprocedure to be followed at or in connection with the meeting.\n(5) The Committee shall keep records of its meetings.\n\nReturn to Work Act 1986 130\n","sortOrder":158},{"sectionNumber":"149","sectionType":"section","heading":"Definitions","content":"149 Definitions\nalternate member means a person appointed under section 152 as\nan alternate member for a member.\nmember means a member of the Nominal Insurer and includes an\nalternate member while he or she is acting as a member.\nnominated member means a member appointed on the\nnomination of approved insurers and self-insurers.\n","sortOrder":159},{"sectionNumber":"150","sectionType":"section","heading":"Establishment and purpose of Nominal Insurer","content":"150 Establishment and purpose of Nominal Insurer\n(1) There is established by this Act a corporation by the name of the\n(1A) The purposes of the Nominal Insurer are:\n(a) to protect injured workers whose employers do not have\nworkers compensation insurance; and\n(b) to protect employers and injured workers where insurers\ndefault in the payment of compensation under workers\ncompensation insurance.\n(2) The Nominal Insurer:\n(a) is a body corporate with perpetual succession;\n(b) shall have a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real (including leasehold) and personal property\nand of suing and being sued.\n(3) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Nominal Insurer affixed to a\ndocument and shall presume that it was duly affixed.\n","sortOrder":160},{"sectionNumber":"151","sectionType":"section","heading":"Composition of Nominal Insurer","content":"151 Composition of Nominal Insurer\nThe Nominal Insurer shall consist of 4 members appointed by the\nMinister of whom:\n(a) 3 shall be appointed on the nomination, if any, of the approved\ninsurers and self-insurers or a majority of them; and\n\nReturn to Work Act 1986 131\n(b) one shall be an employee within the meaning of the Public\nSector Employment and Management Act 1993.\n","sortOrder":161},{"sectionNumber":"152","sectionType":"section","heading":"Alternate member","content":"152 Alternate member\n(1) The Minister may appoint an employee within the meaning of the\nPublic Sector Employment and Management Act 1993 to be an\nalternate member for the member appointed under section 151(b).\n(2) During the absence from the Territory of the member appointed\nunder section 151(b) or where for any other reason he or she is\nunable to perform his or her duties as a member, the alternate\nmember appointed under subsection (1) shall have all the functions\nand powers of that member and shall be counted towards a quorum\nat a meeting of the Nominal Insurer.\n","sortOrder":162},{"sectionNumber":"153","sectionType":"section","heading":"Period of appointment","content":"153 Period of appointment\nSubject to this Division, a member holds office for such period, not\nexceeding 3 years, as is specified in the instrument of his or her\nappointment but is eligible for reappointment.\n","sortOrder":163},{"sectionNumber":"154","sectionType":"section","heading":"Chairperson","content":"154 Chairperson\n(1) Subject to subsection (2), the Minister shall appoint a person who\nis, or is to be, a nominated member to be the Chairperson of the\n(2) The appointment of the Chairperson shall be made on the\nnomination of the approved insurers and self-insurers or a majority\nof them or, in default of such a nomination, directly by the Minister.\n","sortOrder":164},{"sectionNumber":"155","sectionType":"section","heading":"Resignation","content":"155 Resignation\nA member may resign his or her office by writing signed by him or\nher and delivered to the Minister.\n","sortOrder":165},{"sectionNumber":"156","sectionType":"section","heading":"Dismissal of members","content":"156 Dismissal of members\n(1) The Minister may terminate the appointment of a member for\ninability, inefficiency, misbehaviour or physical or mental incapacity.\n(2) Where a member:\n(a) is absent, except on leave granted by the Nominal Insurer,\nfrom 3 consecutive meetings of the Nominal Insurer; or\n\nReturn to Work Act 1986 132\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with his or\nher creditors or makes an assignment of his or her\nremuneration for their benefit,\nthe Minister shall terminate the appointment of the member.\n","sortOrder":166},{"sectionNumber":"157","sectionType":"section","heading":"Powers and functions","content":"157 Powers and functions\nThe Nominal Insurer shall perform such functions and may exercise\nsuch powers as are imposed or conferred on it by or under this Act.\n","sortOrder":167},{"sectionNumber":"158","sectionType":"section","heading":"Disclosure of interest","content":"158 Disclosure of interest\n(1) A member or alternate member who has a direct or indirect\npecuniary interest in a matter being considered or about to be\nconsidered by the Nominal Insurer otherwise than as a member of,\nand in common with the other members of, an incorporated\ncompany consisting of not less than 25 persons and of which he or\nshe is not a director, shall, as soon as possible after the relevant\nfacts have come to his or her knowledge, disclose the nature of his\nor her interest at a meeting of the Nominal Insurer.\n(2) A disclosure under subsection (1) shall be recorded in the minutes\nof the Nominal Insurer and the member or alternate member:\n(a) shall not, while he or she has that interest, take part after the\ndisclosure in any deliberation or decision of the Nominal\nInsurer in relation to that matter; and\n(b) shall be disregarded for the purpose of constituting a quorum\nof the Nominal Insurer in relation to that matter.\n","sortOrder":168},{"sectionNumber":"159","sectionType":"section","heading":"Delegation","content":"159 Delegation\n(1) The Nominal Insurer may, by instrument in writing, delegate to a\nperson all or any of its powers and functions under this Act other\nthan this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Nominal\nInsurer.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Nominal Insurer.\n\nReturn to Work Act 1986 133\n","sortOrder":169},{"sectionNumber":"160","sectionType":"section","heading":"Meetings of Nominal Insurer","content":"160 Meetings of Nominal Insurer\n(1) The Chairperson shall call such meetings of the Nominal Insurer as\nare necessary for the exercise of its powers and the performance of\nits functions.\n(2) The Chairperson shall preside at all meetings of the Nominal\nInsurer at which he or she is present and, in the absence of the\nChairperson from a meeting of the Nominal Insurer, the members\npresent shall elect one of their number to preside at the meeting.\n(3) At a meeting of the Nominal Insurer:\n(a) 3 members constitute a quorum;\n(b) questions arising shall be determined by a majority of the\nvotes of the members present and voting and, in the event of\nan equality of votes, the member presiding has a casting vote\nas well as a deliberate vote; and\n(c) subject to this Act, the Nominal Insurer shall determine the\nprocedure to be followed at or in connection with the meeting.\n(4) The Nominal Insurer shall keep a record of its meetings.\n","sortOrder":170},{"sectionNumber":"161","sectionType":"section","heading":"Validity of acts or decisions of Nominal Insurer","content":"161 Validity of acts or decisions of Nominal Insurer\nThe exercise of a power of or the performance of a function by the\nNominal Insurer is not affected by reason only of there being:\n(a) a defect or irregularity in or in connection with the appointment\nof a member; or\n(b) a vacancy in the membership of the Nominal Insurer, including\na vacancy arising because of the failure to appoint a member.\n","sortOrder":171},{"sectionNumber":"162","sectionType":"section","heading":"Nominal Insurer's Fund","content":"162 Nominal Insurer's Fund\n(1) The Minister shall establish a fund to be known as the Nominal\nInsurer's Fund.\n(2) The Fund shall be administered by the Nominal Insurer.\n(3) The Fund shall consist of:\n(a) the balance of the former Fund;\n\nReturn to Work Act 1986 134\n(b) contributions paid under this Division by approved insurers,\nself-insurers and employers;\n(c) moneys recovered by or on behalf of the Nominal Insurer in\nthe performance of its functions and the exercise of its\npowers;\n(d) the interest from time to time accruing from the investment of\nmoneys standing to its credit;\n(e) all moneys paid into it in accordance with section 177; and\n(f) such other moneys as are lawfully paid into it.\n(4) The Nominal Insurer may borrow money, from sources and on\nterms and conditions approved by the Minister, to be paid into the\nNominal Insurer's Fund.\n","sortOrder":172},{"sectionNumber":"163","sectionType":"section","heading":"Payments out of Fund","content":"163 Payments out of Fund\nThere shall, from time to time, be paid out of the Fund:\n(a) the amount of all claims, including costs allowed or\nestablished against the Nominal Insurer, in accordance with\nthis Act or the repealed Act;\n(b) the costs and expenses of its administration, including the\ncosts and expenses of exercising the powers and performing\nthe functions of the Nominal Insurer, the legal expenses\nincurred by the Nominal Insurer in applications to the Court or\notherwise incurred in relation to the Fund or the former Fund;\nand\n(c) such other moneys as may lawfully be paid out of it.\n","sortOrder":173},{"sectionNumber":"164","sectionType":"section","heading":"Annual estimates, determinations etc.","content":"164 Annual estimates, determinations etc.\n(1) As soon as practicable in the financial year commencing\n1 July 2001 and in each subsequent financial year, the Nominal\nInsurer:\n(a) must estimate the total of the amounts already paid and the\namounts to be paid from the Fund during that financial year;\n(b) must determine the amounts (if any) to be set aside to meet\nexpenditure from the Fund in future years and specify the\npurpose or purposes for which each amount is to be set aside;\n\nReturn to Work Act 1986 135\n(c) must estimate the total of the amounts already received and\nthe amounts to be received into the Fund during that financial\nyear, other than contributions from approved insurers and self-\ninsurers under section 164A;\n(d) may recommend a total amount to be contributed to the Fund\nunder section 164A by approved insurers and self-insurers\nduring that financial year, as determined in accordance with\nthe Regulations; and\n(e) must submit in writing to the Minister for his or her approval\nthe estimates, determinations and recommendation (if any)\nreferred to in paragraphs (a), (b), (c) and (d).\n(2) The estimates, determinations and recommendation of the Nominal\nInsurer referred to in subsection (1) do not have effect until they are\napproved by the Minister.\n","sortOrder":174},{"sectionNumber":"164A","sectionType":"section","heading":"Contributions by approved insurers and self-insurers","content":"164A Contributions by approved insurers and self-insurers\n(1) If the Minister approves a recommendation of the Nominal Insurer\nmade under section 164(1)(d), each approved insurer and\nself-insurer must contribute to the Fund an amount determined by\nthe Nominal Insurer in accordance with the Regulations.\n(3) An approved insurer or self-insurer must pay to the Nominal Insurer\nthe amount that he or she is required by this section to contribute to\nthe Fund in the instalments, and at the times, that are determined\nby the Nominal Insurer.\n(4) The Nominal Insurer must, in writing, notify each approved insurer\nand self-insurer of particulars of the contribution, including the\namounts of the instalments and the times at which they are\npayable, that the approved insurer or self-insurer is required by this\nsection to contribute to the Fund.\n(5) If an approved insurer or self-insurer fails to pay the full amount of\nan instalment within 30 days after the time specified in a notice\nunder subsection (4):\n(a) the full amount of the contribution to be paid or the full amount\nof the balance then remaining unpaid (as applicable) is\nimmediately payable and is a debt due to the Nominal Insurer\nby the approved insurer or self-insurer; and\n(b) the approved insurer or self-insurer is guilty of a regulatory\n\nReturn to Work Act 1986 136\n","sortOrder":175},{"sectionNumber":"164B","sectionType":"section","heading":"Contributions by employers","content":"164B Contributions by employers\n(1) The Minister may determine that all employers are required to make\ncontributions to the Fund.\n(2) If the Minister makes a determination under subsection (1), each\nemployer must contribute to the Fund an amount that is equal to a\npercentage, determined by the Minister, of:\n(a) in the case of an employer who holds a policy of insurance or\nindemnity under section 126(1):\n(i) the premium payable by the employer in accordance\nwith the policy; or\n(ii) the total amount of wages payable by the employer in\nrelation to the policy as included in the statement given\nunder section 130; and\n(b) in the case of an employer who is a self-insurer:\n(i) if the Minister makes a determination under\nparagraph (a)(i) – the premium that would have been\npayable by the employer if he or she were the holder of\na policy of insurance or indemnity under section 126(1);\nor\n(ii) if the Minister makes a determination under\nparagraph (a)(ii) – the total amount of wages that would,\nif the employer were the holder of a policy of insurance\nor indemnity under section 126(1), have been included in\na statement given under section 130 in relation to the\npolicy.\n(3) Before making a determination under subsection (1), the Minister\nmay decide that for the purposes of the determination the Territory\nis taken to be an employer approved under section 120 to self-\ninsure.\n(4) The Minister must cause to be published in the Gazette a notice of\nthe determination made under subsection (1) containing the\nfollowing particulars:\n(a) the amount each employer must contribute to the Fund,\nexpressed as the percentage determined by the Minister\nunder subsection (2)(a)(i) and (b)(i) or under\nsubsection (2)(a)(ii) and (b)(ii);\n(b) the date on which the determination comes into force;\n\nReturn to Work Act 1986 137\n(c) if the Minister has made a decision under subsection (3) – a\nstatement that for the purposes of the determination the\nTerritory is taken to be an employer approved under\nsection 120 to self-insure;\n(d) if the contributions required by the determination are for the\npurpose of discharging a particular liability:\n(i) a brief description of that liability; and\n(ii) a statement that the contributions are required only until\nsuch time as that liability is discharged.\n(5) The Minister, by notice in the Gazette:\n(a) may vary or revoke a determination under this section; and\n(b) if a determination requires contributions for the purpose of\ndischarging a particular liability – must revoke the\ndetermination when that liability is discharged.\n(6) While a determination under this section is in force, a policyholder\nmust pay to his or her approved insurer the required contribution on\nor before any of the following dates that are applicable in the\ncircumstances:\n(a) the date on which the premium is payable under the policy;\n(b) if the policyholder pays an amount of premium before the date\non which the policy is issued or renewed – the date on which\nthat amount is paid;\n(c) if the policyholder is required to pay an additional amount of\npremium as a result of an adjustment of the premium payable\nunder the policy – the date on which that amount is payable.\n(7) If an approved insurer refunds to a policyholder an amount of\npremium in respect of which the policyholder has paid the required\ncontribution:\n(a) the insurer must refund to the policyholder an amount of the\nrequired contribution that is proportionate to the amount of\npremium refunded; and\n(b) may apply in writing to the Nominal Insurer for repayment of\nthe amount refunded under paragraph (a), giving full\nparticulars of the refund.\n\nReturn to Work Act 1986 138\n(8) The Nominal Insurer must, as soon as practicable, repay to an\napproved insurer who applies for repayment under\nsubsection (7)(b) the amount of required contribution refunded by\nthe approved insurer under subsection (7)(a).\n(9) An approved insurer must, not later than 30 days after the end of\neach month a determination is in force:\n(a) pay to the Nominal Insurer all the money the approved insurer\nhas received under subsection (6) during that month in\nrespect of the determination; and\n(b) give to the Nominal Insurer a written statement setting out the\nfollowing particulars:\n(i) each amount of required contribution the approved\ninsurer received under subsection (6) during that month;\n(ii) each amount of required contribution payable to the\napproved insurer during that month but not paid;\n(iii) any other particulars that are prescribed.\n(10) While a determination under this section is in force:\n(a) a self-insurer is taken to hold a policy that is for the period of\ninsurance or indemnity commencing on 1 July in each year\nand expiring at the end of the following 30 June; and\n(b) the self insurer must pay in respect of each period of\ninsurance or indemnity referred to in paragraph (a) the\nrequired contribution in the following amounts and on the\nfollowing dates that are applicable in the circumstances:\n(i) if the self-insurer is the Territory by virtue of a decision\nunder subsection (3) – the amount payable for that\nperiod, to be paid not later than 1 September in that\nperiod;\n(ii) if the approval of the self-insurer under section 120 has\neffect on 1 July – the amount payable for that period, to\nbe paid not later than 1 September in that period;\n(iii) if the approval of the self-insurer under section 120 takes\neffect after 1 July – the proportionate amount payable for\nthe remainder of that period, to be paid not later than\n60 days after the date the approval takes effect.\n\nReturn to Work Act 1986 139\n(11) If a self-insurer who has paid a required contribution under\nsubsection (10) would have been entitled to a refund of premium\nhad he or she held a policy:\n(a) the self-insurer is entitled to a refund of an amount of required\ncontribution that is proportionate to the amount of premium\nthat would have been refunded to him or her; and\n(b) the Nominal Insurer must, on written application by the self-\ninsurer, refund to the self-insurer that amount of required\ncontribution.\n(12) In this section:\npolicy means a policy of insurance or indemnity referred to in\nsection 126(1).\npolicyholder means an employer who holds, or has tendered the\npremium for, a policy.\nrequired contribution means the contribution a policyholder or\nself-insurer is required by a determination under this section to pay\nin respect of the policy held or taken to be held by the policyholder\nor self-insurer.\n","sortOrder":176},{"sectionNumber":"165","sectionType":"section","heading":"Refund of moneys recovered or otherwise received by Nominal","content":"165 Refund of moneys recovered or otherwise received by Nominal\nInsurer\n(1) All moneys recovered by the Nominal Insurer in respect of a claim\nreferred to in section 137(1):\n(a) by virtue of its exercising the rights of the approved insurer\nunder that section;\n(b) by virtue of its exercising a right of subrogation referred to in\nsection 137(3)(a); or\n(c) under an agreement, contract, treaty or other document\nrelating to reinsurance referred to in section 137(3)(c),\nand all moneys received as a result of the winding up of a company\nthat was an approved insurer required under section 164A to pay\nan amount to the Nominal Insurer shall, at such times as the\nMinister determines, be paid to the approved insurers (other than\nthe defaulting insurer) and self-insurers by whom contributions\nunder section 164A were paid for the purpose of meeting the\nNominal Insurer's liability under this Act or the repealed Act arising\nout of the default of the defaulting insurer, in the same proportions\nas those contributions were made or, at the direction of the\nMinister, the amounts payable under this section to the approved\n\nReturn to Work Act 1986 140\ninsurers and self-insurers shall be credited against their respective\nobligations under section 164A to pay instalments referred to in that\nsubsection that are uncalled.\n(2) The Minister may, in writing, authorise the Nominal Insurer to repay\nto the approved insurers and self-insurers in the proportions in\nwhich they contributed to the Fund in or in relation to the relevant\nyear, any surplus money of the Fund contributed in pursuance of\nsection 164A of this Act or section 16Q(6) of the repealed Act but\nnot required for the purposes for which it was contributed, and the\nNominal Insurer shall repay those amounts accordingly.\n","sortOrder":177},{"sectionNumber":"166","sectionType":"section","heading":"Temporary advances to Fund","content":"166 Temporary advances to Fund\n(1) Where, at any time, the amount of the Fund is insufficient to meet a\npayment required by this Act to be made out of the Fund, the\nTreasurer may make temporary advances to the Fund out of the\nPublic Account within the meaning of the Financial Management\nAct 1995.\n(2) The appropriation for the purposes of subsection (1) is established\nor increased to the extent necessary.\n(3) Where a temporary advance is made under this section out of the\nPublic Account, the amount of the advance, together with interest at\nsuch rate as the Treasurer determines, shall be a first charge on\nthe Fund and shall be recouped to the Public Account progressively\nas moneys are paid into the Fund.\n","sortOrder":178},{"sectionNumber":"167","sectionType":"section","heading":"Claims for payment against Nominal Insurer when employer","content":"167 Claims for payment against Nominal Insurer when employer\ndead, wound up, etc.\n(1) Subject to this Part and Part 5, a person may make a claim for\ncompensation against the Nominal Insurer if the following\nconditions are met:\n(a) the person claims to be entitled to compensation from an\n(i) who employed a worker at the time the worker sustained\na compensable injury; or\n(ii) if the compensable injury is a disease – who last\nemployed the worker in the employment that caused the\ndisease;\n\nReturn to Work Act 1986 141\n(b) the employer is dead, cannot be located or, in the case of a\ncompany, has been wound up;\n(c) the approved insurer of that employer cannot be identified;\n(d) a principal contractor, within the meaning of section 127, is not\nliable under that section to pay the compensation.\n(2) A person may also make a claim for compensation against the\nNominal Insurer if:\n(a) the person claims to be entitled to compensation from an\nemployer; and\n(b) the liability of the employer to pay the compensation is not\ncovered in full by one or more policies of insurance or\nindemnity in accordance with this Act.\n","sortOrder":179},{"sectionNumber":"170","sectionType":"section","heading":"Effect of service of claim on Nominal Insurer","content":"170 Effect of service of claim on Nominal Insurer\n(1) Where a claim for compensation under Part 5 or section 167 is\nmade against the Nominal Insurer:\n(a) the liability of the employer to pay compensation under the\nclaim shall be discharged, save to the extent of any\ncompensation previously paid; and\n(b) any agreement, order, demand or determination, admission or\ndeemed admission shall be of no force or effect in respect of\nthe liability of the Nominal Insurer to make payments of\ncompensation to the person making the claim.\n(2) Where a claim for compensation mentioned in subsection (1) is\nmade against the Nominal Insurer, the claim shall be dealt with and\ndetermined as if the Nominal Insurer were the employer of the\nworker making the claim or in respect of whom it relates, and for\nthat purpose:\n(a) the claim, if made under section 167, shall be deemed to have\nbeen made under Part 5;\n(b) a reference to an employer in Part 5 (other than in\nsection 75A) or 6A shall be read and construed (with\nnecessary changes) as a reference to the Nominal Insurer;\nand\n(c) the Nominal Insurer shall have the same rights, powers, duties\nand liabilities in respect of the claim (other than under\nsection 75A) as the employer.\n\nReturn to Work Act 1986 142\n","sortOrder":180},{"sectionNumber":"171","sectionType":"section","heading":"Notice of claim to be given to employer","content":"171 Notice of claim to be given to employer\n(1) Where a claim for compensation under section 84(3) is made\nagainst the Nominal Insurer, the Nominal Insurer shall, on being\nserved with the claim, notify the employer, in writing, of the claim\nhaving been made.\n(2) A notice under subsection (1) may be served by posting or\ndelivering it to the employer at the employer's last known residence\nor place of business.\n(3) Subsection (2) is in addition to and not in derogation of provisions\nof the Corporations Act 2001 relating to the service of documents.\n(4) An employer given notice of a claim under subsection (1) shall\nforthwith provide to the Nominal Insurer all information relating to\nthe claim which is in the possession of the employer or of which the\nemployer has knowledge.\n(5) Notwithstanding that the Nominal Insurer fails to notify an employer\nof a claim, section 172(2) shall apply to and in relation to the claim\nand the Nominal Insurer shall be entitled to recover from the\nemployer under that subsection any amount paid under the claim\nby the Nominal Insurer.\n","sortOrder":181},{"sectionNumber":"172","sectionType":"section","heading":"Conduct of claim by Nominal Insurer","content":"172 Conduct of claim by Nominal Insurer\n(1) The conduct by the Nominal Insurer of a claim for compensation\nunder this Act shall be within the absolute and unfettered discretion\nof the Nominal Insurer, and no action, decision or omission of the\nNominal Insurer in the conduct of the claim shall prejudice the\nNominal Insurer's right of recovery of any money paid in respect of\nthe claim.\n(2) Where the Nominal Insurer pays an amount under this Act in\nrespect of its liability (including costs incurred or moneys expended\nin the conduct of the claim):\n(a) the amount is a debt due and payable by the employer to the\nNominal Insurer; and\n(b) the Nominal Insurer has the right to subrogation in respect of\nall rights that the employer has against any person in relation\nto the incident which gave rise to the claim for compensation.\n(3) Where the Nominal Insurer pays an amount under this Act in\nrespect of the liability of an employer and the payment arises out of\nthe employer's failure to insure under this Act or the repealed Act\n\nReturn to Work Act 1986 143\nagainst his or her liability or any other default of the employer in\nobtaining adequate insurance cover in respect of the liability, the\nemployer shall, in addition to any other amount he or she is\nrequired under this Act to pay, pay to the Nominal Insurer an\namount equal to the highest premium payment (calculated at rates\npayable at the time of the relevant compensable incident) for\ninsurance to indemnify the employer for his or her liability to the\nworker or other workers employed by him or her for the period and\nto the extent that he or she did not have the required insurance\ncover.\n","sortOrder":182},{"sectionNumber":"173","sectionType":"section","heading":"Persons excluded from making claim","content":"173 Persons excluded from making claim\nNotwithstanding anything to the contrary in this Act, a claim for\ncompensation shall not be made under this Act against the Nominal\nInsurer by or in respect of a person who is:\n(a) a director (by whatever named called), or a member of the\ngoverning body, of a body corporate in respect of an injury\narising out of or in the course of his or her employment with\nthat body corporate; or\n(b) a member of the immediate family of an employer in respect of\nan injury arising out of or in the course of his or her\nemployment with that employer; or\n(c) a person who may recover compensation from a principal\ncontractor under section 127, if the principal contractor has or\nhad a policy of insurance or indemnity obtained in accordance\nwith this Act to cover the principal contractor's liability in\nrespect of the claim.\n","sortOrder":183},{"sectionNumber":"175","sectionType":"section","heading":"Worker's right to information","content":"175 Worker's right to information\n(1) A worker shall be entitled to inquire of his or her employer the name\nand address of the insurer from whom the employer has obtained a\npolicy of insurance or indemnity against his or her liability under this\nAct (and, if he or she so requires, to examine the policy document)\nor, if the employer is a self-insurer, to be so informed.\n\nReturn to Work Act 1986 144\n(2) An employer or a person acting for an employer in the management\nof the business in which a worker is employed who refuses to\nsupply to the worker particulars requested under subsection (1) or\nthe policy document for examination or who, in reply to an inquiry\nunder that subsection, gives false or misleading information, is\nguilty of a regulatory offence.\nMaximum penalty: 12 penalty units.\n","sortOrder":184},{"sectionNumber":"176","sectionType":"section","heading":"Remedies against employer and a stranger","content":"176 Remedies against employer and a stranger\n(1) Subject to this Act, if an injury in respect of which compensation is\npayable under this Act is caused under circumstances that appear\nto create a legal liability in some person other than the employer to\npay damages in respect of the injury, the person entitled to\ncompensation may take proceedings against that person to recover\ndamages and may also make a claim against the employer for\ncompensation.\n(2) Where a person receives compensation and recovers damages\nfrom another person in respect of the same injury:\n(a) he or she shall repay to the employer such amount of the\ncompensation as does not exceed the amount of those\ndamages recovered from that person; and\n(b) on notice to that other person, the employer shall have a first\ncharge on moneys representing those damages payable by\nthat person to the first-mentioned person to the extent of\ncompensation which the employer has paid.\n(3) Where a person has received compensation under this Act but no\ndamages to which subsection (2) applies, or less than the full\namount of those damages to which he or she is entitled, the person\nliable to pay the damages shall indemnify the employer against so\nmuch of the compensation paid to the first-mentioned person as\ndoes not exceed those damages for which the person is liable and\nsubsequent payment of that money shall, to the extent of the\namount paid, be a satisfaction of the liability of that person to the\nfirst-mentioned person.\n(4) Where the Nominal Insurer makes a payment under this Act to a\nperson, this section applies as if references to the employer\nincluded references to the Nominal Insurer, but so that:\n(a) the Nominal Insurer is not entitled to receive, under\nsubsection (2), more than the amounts paid by it under this\nAct; and\n\nReturn to Work Act 1986 145\n(b) the rights of the Nominal Insurer under this section shall have\npriority over any rights of the employer under this section\narising out of payment of compensation by the employer.\n","sortOrder":185},{"sectionNumber":"177","sectionType":"section","heading":"Fines etc. to be paid into Fund","content":"177 Fines etc. to be paid into Fund\nAll fines or other pecuniary penalties recovered for an offence\nagainst or under this Part shall be paid into the Fund.\n","sortOrder":186},{"sectionNumber":"178","sectionType":"section","heading":"General penalties","content":"178 General penalties\nA person who contravenes a provision of this Act in respect of\nwhich no penalty, other than by this section, is provided is guilty of\nan offence.\nMaximum penalty: In the case of a body corporate – 25 penalty\nIn the case of a natural person – 8 penalty\nunits, or imprisonment for 3 months.\n4 penalty units.\n","sortOrder":187},{"sectionNumber":"179","sectionType":"section","heading":"Time limit etc. for complaint","content":"179 Time limit etc. for complaint\nNo information or complaint shall be laid or made in respect of an\noffence against this Act except:\n(a) by or with the approval in writing of the Authority or a delegate\nof the Authority; and\n(b) within 3 years after the date on which the alleged offence\noccurred.\n","sortOrder":188},{"sectionNumber":"180","sectionType":"section","heading":"Offences by bodies corporate","content":"180 Offences by bodies corporate\n(1) Where an offence against this Act committed by a body corporate is\nproved to have been committed with the consent or connivance of,\nor to have been attributable to a wilful neglect on the part of, an\nofficer of the body corporate or person purporting to act as such an\nofficer, that officer or person is also guilty of that offence and liable\nto the penalty for that offence.\n\nReturn to Work Act 1986 146\n(2) When in proceedings under this Act it is necessary to establish the\nintention of a body corporate, it is sufficient to show that a servant\nor agent of the body corporate had that intention.\n(3) In subsection (1) officer, in relation to a body corporate means:\n(a) a director, secretary or executive officer of the body corporate;\n(b) any person in accordance with whose directions or\ninstructions the directors of the body corporate are\naccustomed to act; or\n(c) a person concerned in the management of the body corporate.\n","sortOrder":189},{"sectionNumber":"181","sectionType":"section","heading":"Protection from liability","content":"181 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) an inspector;\n(b) a member of the Council;\n(ba) a mediator appointed under section 103C(1);\n(c) a member of the Scheme Monitoring Committee;\n(d) a member of the Nominal Insurer.\n(2) Subsection (1) does not affect any liability the Territory or the\nAuthority would, apart from that subsection, have for the act or\nomission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":190},{"sectionNumber":"182","sectionType":"section","heading":"Time for taking proceedings","content":"182 Time for taking proceedings\n(1) Subject to subsections (2) and (3), proceedings for the recovery\nunder this Act of compensation shall not be maintainable unless\nnotice of the injury has been given before the worker has voluntarily\nleft the employment in which he or she was injured and unless the\nclaim for compensation has been made:\n(a) within 6 months after the occurrence of the injury or, in the\ncase of a disease, the incapacity arising from the disease; or\n\nReturn to Work Act 1986 147\n(b) in the case of death, within 6 months after advice of the death\nhas been received by the claimant.\n(2) The want of notice or a defect or inaccuracy in the notice shall not\nbe a bar to the maintenance of the proceedings referred to in\nsubsection (1) if it is found in the proceedings for the settling of the\nclaim that the employer is not, or would not if a notice or an\namended notice were then given and the hearing postponed, be\nprejudiced in his or her defence by the want, defect or inaccuracy,\nor that the want, defect or inaccuracy was occasioned by mistake,\nabsence from the Territory or other reasonable cause.\n(3) The failure to make a claim within the period specified in\nsubsection (1) shall not be a bar to the maintenance of the\nproceedings if it is found that the failure was occasioned by\nmistake, ignorance of a disease, absence from the Territory or\nother reasonable cause.\n(4) For the purposes of subsection (1), where a worker left his or her\nemployment only by reason of the fact that, because of an injury\nreceived in that employment, he or she was unable to continue in\nthat employment, he or she shall be taken not to have voluntarily\nleft that employment.\n(5) Without limiting the generality of the meaning of reasonable cause\nin subsection (3):\n(a) the making of a payment to a person which the person\nbelieves to be a payment of compensation; or\n(b) any conduct on the part of the employer or his or her insurer\nor agent, or on the part of an employee of any of them\npurporting to act on behalf of the employer, by which a person\nis led to believe that compensation will or will probably be paid\nto him or her or by which he or she is led to believe that he or\nshe is not entitled to compensation,\nshall be taken to be a reasonable cause within the meaning of that\nexpression.\n","sortOrder":191},{"sectionNumber":"183","sectionType":"section","heading":"Use of interpreters","content":"183 Use of interpreters\nWhere the Authority, an officer or any other person performing a\nfunction under this Act uses the assistance of an interpreter in\nconnection with its or his or her performance of that function, an\ninquiry of or request to a person made on behalf of the Authority,\nofficer or other person by the interpreter shall be deemed to have\n\nReturn to Work Act 1986 148\nbeen made by the Authority, officer or other person, as the case\nmay be, and answers to the inquiry or request made to the\ninterpreter shall be deemed to have been made to the Authority,\nofficer or other person.\n","sortOrder":192},{"sectionNumber":"184","sectionType":"section","heading":"Survival of claims","content":"184 Survival of claims\n(1) This section does not apply to or in relation to compensation under\nsection 71.\n(2) Where a person who is entitled to make a claim for compensation\ndies, that claim may be made by his or her legal personal\nrepresentative.\n(3) A claim for compensation is not affected by the death of the\nclaimant after the claim was given or served on the employer, the\nNominal Insurer or the Authority, as the case may be.\n(4) A reference in this Act to a claimant shall:\n(a) in the case of a claim referred to in subsection (2) – be read\nas a reference to the legal personal representative who made\nthe claim; and\n(b) in the case of a claim referred to in subsection (3) – be read,\nin relation to any time after the death of the person who made\nthe claim, as a reference to the legal personal representative\nof that person.\n(5) Section 62 applies in relation to an amount payable as the result of\na claim referred to in this section as if the deceased person had\ndied after the relevant determination of the Court referred to in that\nsection was made.\n","sortOrder":193},{"sectionNumber":"185","sectionType":"section","heading":"Provisions applicable on death of beneficiary","content":"185 Provisions applicable on death of beneficiary\n(1) Where an amount of compensation (other than compensation under\nsection 71) is payable to a person and the person dies before the\namount is paid, the amount forms part of the estate of the person.\n(2) Where an employer or the insurer of an employer holds an amount\nof compensation for the benefit of a person entitled under this Act to\nreceive it and that person dies, that amount forms part of the estate\nof the person.\n","sortOrder":194},{"sectionNumber":"186","sectionType":"section","heading":"Compensation not assignable","content":"186 Compensation not assignable\nAn assignment of compensation payable under this Act is void as\nagainst an employer or an insurer.\n\nReturn to Work Act 1986 149\n","sortOrder":195},{"sectionNumber":"186A","sectionType":"section","heading":"Contracting out","content":"186A Contracting out\n(1) This Act applies notwithstanding anything to the contrary contained\nin any contract or agreement, whether entered into before or after\nthe commencement of this section.\n(2) A contract or agreement which purports to exclude or limit the\napplication of this Act or to exclude or limit the rights or entitlements\nof a person under this Act is, to that extent, null and void.\n(3) A person who urges, prevails on, persuades or offers an\ninducement to another person to enter into a contract or agreement\nwhereby that other person would, but for this section, consent or\nagree to the application of this Act being excluded or limited in\nrespect of that other person, or to waive or limit that other person's\nrights, benefits or entitlements under this Act, is guilty of an offence.\nMaximum penalty: 860 penalty units.\n(4) A reference in this section to a contract or agreement is not to be\ntaken to include a reference to an agreement under section 78A\nor 78B.\n","sortOrder":196},{"sectionNumber":"186B","sectionType":"section","heading":"Confidential information","content":"186B Confidential information\n(1) A person commits an offence if the person:\n(a) obtains information in the course of exercising a power or\nperforming a function under this Act; and\n(b) engages in conduct that results in the disclosure of the\ninformation to someone else.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Subsection (1) does not apply if the person engages in the conduct:\n(a) in exercising a power or performing a function under this Act;\nor\n(b) for legal proceeding arising out of the operation of this Act; or\n(c) with the consent of the person to whom the information\nrelates.\nNote for section 186B\nUnder sections 23 and 26 of the Criminal Code a person is not guilty of an\noffence if an act constituting the offence is done in the exercise of a right granted\nor recognised by law or in execution of the law or in obedience to, or in\nconformity with, the law.\n\nReturn to Work Act 1986 150\n","sortOrder":197},{"sectionNumber":"187","sectionType":"section","heading":"Regulations","content":"187 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act,\nand in particular:\n(c) prescribing procedures for the medical examination of injured\nworkers;\n(d) prescribing the duties and fees of medical referees appointed\nunder this Act;\n(e) prescribing the procedure relating to compulsory insurance\nand approval of insurance companies;\n(f) relating to the furnishing of returns to the Authority by\nemployers and approved insurers in relation to the policies of\ninsurance or indemnity taken out by employers against their\nliability under this Act;\n(g) prescribing the amount of compensation payable or by\nreference to which compensation is to be calculated;\n(h) prescribing the rate of interest for the purpose of the formula in\nsection 89;\n(ha) relating to the procedure for the mediation of disputes;\n(j) relating to the information an employer is to supply an insurer\nfor the purposes of section 130(1)(a);\n(m) relating to the manner of verification of a statement referred to\nin section 130(1)(a);\n(n) prescribing the particulars to be kept by an employer in\nrelation to the wages paid to workers employed by him or her;\n(p) prescribing an amount of premium payable for the purposes of\nsection 131(1)(b);\n(q) prescribing interest to be paid for the purposes of\nsection 131(3) by an employer on amounts owing to an\ninsurer;\n\nReturn to Work Act 1986 151\n(qa) regulating or prohibiting:\n(i) the manufacture, supply or use of any plant;\n(ii) the manufacture, supply, use, storage or transport of any\nsubstance; or\n(iii) the carrying on of any process or the carrying out of any\noperation;\n(qb) relating to the safety of workers engaged in construction and\nother work;\n(qc) relating to the registration of a workplace or any plant or\nsubstance;\n(qd) relating to the licensing of a person carrying out processes or\nactivities under this Act;\n(qe) relating to the imposition of conditions applying to registrations\nand licences (including the imposition of conditions by\nprescribed persons);\n(qf) relating to the service of notices under the Regulations;\n(qg) relating to matters of evidence, including the averring of facts,\nin respect of prosecutions of offences against the Regulations;\n(qh) relating to the rehabilitation of injured workers;\n(qj) providing for the exemption of persons, places or activities\nfrom the application of all or part of the Regulations;\n(qk) providing for the payment of a prescribed amount in lieu of a\npenalty which may otherwise be imposed for an offence\nagainst this Act or for a breach of the Regulations;\n(ql) providing for the service of notices on persons alleged to have\ninfringed this Act or breached the Regulations and particulars\nto be included in such notices;\n(qm) relating to fees and charges payable under the Regulations;\n(r) prescribing the powers of the Authority or officers in relation to\ninvestigations at workplaces; and\n(s) prescribing penalties, not exceeding 40 penalty units, for a\nbreach of the Regulations.\n\nReturn to Work Act 1986 152\n(2) The Regulations may incorporate or adopt by reference the\nprovisions of any document, standard, rule, specification or method\nformulated, issued, prescribed or published by any authority or\nbody whether:\n(a) wholly or partly, or as amended by the Regulations;\n(b) as formulated, issued, prescribed or published at the time the\nRegulations are made or at any time before then; or\n(c) as amended after the making of the Regulations, but only\nwhere the Minister has published in the Gazette a notice that\nthe particular amendment is to be incorporated in the\nRegulations.\n","sortOrder":198},{"sectionNumber":"187A","sectionType":"section","heading":"Codes of practice","content":"187A Codes of practice\n(1) For the purpose of providing practical guidance on any matter\nrelating to this Act, the Minister may, on the recommendation of the\nAuthority, by notice in the Gazette, approve a code of practice.\n(2) A code of practice may consist of a code, standard, rule,\nspecification or provision relating to matters in this Act formulated,\nprepared or adopted by the Authority and may apply, incorporate or\nrefer to a document formulated or published by a body or authority\nas in force at the time the code of practice is approved or as\namended, formulated or published from time to time.\n(3) A notice under subsection (1) shall indicate where a copy of the\napproved code of practice to which it relates, and all documents\nincorporated or referred to in the code, may be inspected by\nmembers of the public without charge, and the times during which it\nmay be inspected, and the Minister shall make the code and those\ndocuments available for that purpose accordingly.\n(4) Subject to subsection (5), the Authority may, in writing, approve a\ncode of practice in relation to a particular workplace presented to it\nby employers under whose care and management the workplace is\nand, on its so doing, that code of practice shall be the approved\ncode of practice applicable to and in relation to that workplace.\n(5) The Authority shall not approve under subsection (4) a code of\npractice which, in its opinion, adopts standards less stringent than\nthe minimum relevant standards for the time being in a code of\npractice approved under subsection (1) and where at any time there\nis a relevant standard in a code of practice approved under\nsubsection (1) that is more stringent than a standard in a code of\npractice approved under subsection (4), or a relevant standard in a\ncode of practice approved under subsection (1) in relation to a\nmatter that is not provided for in a code of practice approved under\n\nReturn to Work Act 1986 153\nsubsection (4), that standard in the code of practice approved under\nsubsection (1) shall prevail or apply, as the case may be, and shall\nbe deemed to be incorporated in the code of practice approved\nunder subsection (4).\n(6) A code of practice approved under subsection (4) shall be made\navailable by the employer at the workplace to which it relates for\ninspection at all reasonable times by any person.\n(7) An employer who contravenes subsection (6) is guilty of a\nMaximum penalty: 4 penalty units.\n(8) A person shall not be liable to a civil or criminal action by reason\nonly that he or she has failed to observe a provision of an approved\ncode of practice.\n","sortOrder":199},{"sectionNumber":"187B","sectionType":"section","heading":"Use of codes of practice in proceedings","content":"187B Use of codes of practice in proceedings\nWhere in proceedings under or for an offence against this Act it is\nalleged that a person contravened a provision of this Act in relation\nto which an approved code of practice was in force at the time of\nthe alleged contravention:\n(a) the approved code of practice shall be admissible in evidence\nin those proceedings; and\n(b) if the court is satisfied in relation to a matter which it is\nnecessary for the prosecution to prove in order to establish the\nalleged contravention that:\n(i) a provision of the approved code of practice is relevant\nto that matter; and\n(ii) the person failed at a material time to observe that\nprovision of the approved code of practice,\nthat matter shall be taken as proved unless the court is\nsatisfied that in respect of that matter the person complied\nwith that provision of this Act otherwise than by way of\nobservance of that provision of the approved code of practice.\n","sortOrder":200},{"sectionNumber":"Part 9","sectionType":"part","heading":"Repeal, savings and transitional matters for","content":"Part 9 Repeal, savings and transitional matters for\nWork Health Act 1986\n","sortOrder":201},{"sectionNumber":"188","sectionType":"section","heading":"Repeal","content":"188 Repeal\nThe Acts listed in Schedule 3 are repealed.\n\nReturn to Work Act 1986 154\n","sortOrder":202},{"sectionNumber":"189","sectionType":"section","heading":"Claim etc. before or after commencement of Act","content":"189 Claim etc. before or after commencement of Act\n(1) Where a cause of action in respect of an injury to or death of a\nperson arising out of or in the course of his or her employment\narose before the commencement of this section, a claim or action\n(including a claim or action at common law) in respect of that injury\nor death may be made, commenced or continued after the\ncommencement of this section as if this Act had never commenced\nand for that purpose the repealed Act shall be deemed to continue\nin force.\n(2) Notwithstanding subsection (1) but subject to subsection (3), a\nperson may claim compensation under this Act in respect of an\ninjury or death referred to in that subsection and on his or her so\ndoing this Act shall apply as if the injury or death occurred after the\ncommencement of this section, and subsection (1) shall have no\neffect.\n(3) Nothing in subsection (2) shall be construed as permitting a claim\nfor compensation to be made under this Act in respect of an injury\nto or the death of a person arising out of or in the course of the\nperson's employment before the commencement of this Act where,\nin respect of that injury or death, compensation has been paid:\n(a) under the repealed Act;\n(b) under any other law in force in the Territory relating to the\npayment of compensation in respect of the injury or death of\nthe person arising out of or in the course of the person's\nemployment; or\n(c) at common law.\n(4) Where, but for subsection (2), a person would have been entitled to\nweekly incapacity benefits under this Act in respect of an injury that\noccurred before 1 January 1987:\n(a) the person is entitled to weekly incapacity benefits payable at\nthe rate determined under section 65(7) of this Act as in force\nimmediately before 15 October 1991 multiplied by the average\nweekly earnings at the date of payment and divided by the\naverage weekly earnings at 15 October 1991; and\n(b) subsection (1) has no effect.\n","sortOrder":203},{"sectionNumber":"190","sectionType":"section","heading":"Nominal Insurer continues for certain purposes","content":"190 Nominal Insurer continues for certain purposes\n(1) For the purposes of the commencing, continuing or enforcing of a\nclaim or action by or against the Nominal Insurer in respect of an\ninjury to a person, or the death of a person as the result of an injury,\n\nReturn to Work Act 1986 155\narising out of or in the course of the employment of the person, the\nNominal Insurer established by section 150 is the same person as\nthe Nominal Insurer established by section 16D of the repealed Act.\n(2) Where before the commencement of section 164 the Nominal\nInsurer as then constituted made an estimate or determination\nunder section 16Q of the repealed Act in respect of the year\ncommencing 1 July 1986, that estimate or determination shall, for\nthe purposes of section 164, be deemed to have been made and\napproved under section 164 and any amount contributed to the\nformer Fund before that commencement as a result of such a\ndetermination shall be taken into account in determining a persons\nliability to contribute to the Fund after that commencement.\n","sortOrder":204},{"sectionNumber":"191","sectionType":"section","heading":"Continuation etc. of existing policies","content":"191 Continuation etc. of existing policies\nWhere immediately before the commencement of Part 7 there was\nin force a policy of insurance or indemnity issued in pursuance of\nthe repealed Act, that policy shall, on that commencement, be\ndeemed to have been issued in the terms of Schedule 2 and,\nsubject to this Act, shall continue in force, and it shall not be\ncancelled or lapse without the approval in writing of the Authority.\n","sortOrder":205},{"sectionNumber":"192","sectionType":"section","heading":"Continuation of self-insurance","content":"192 Continuation of self-insurance\nWhere immediately before the commencement of Part 7 an\nemployer was authorized under section 18(1) of the repealed Act to\nundertake the liability to pay compensation to his or her own\nworkers he or she shall, on and from that commencement, for a\nperiod of 3 months, be a self-insurer for the purposes of this Act as\nif, on that commencement, the Authority approved the employer,\nunder section 117, to self-insure during that period, and this Act\n(including the power of the Authority under section 124) shall apply\n","sortOrder":206},{"sectionNumber":"193","sectionType":"section","heading":"Transitional","content":"193 Transitional\n(1) A person is not guilty of an offence against section 125(1) by\nreason only that he or she held himself or herself out to be a person\nwho undertakes, or undertakes or offers to undertake, workers\ncompensation insurance business in the Territory for the purpose of\ndischarging liabilities assumed by him or her before the\ncommencement of that section.\n(2) An insurer:\n(a) who carried on workers compensation insurance business in\nthe Territory before the commencement of section 125;\n\n","sortOrder":207},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Work Health Amendment Act 2004","content":"Part 10 Transitional matters for Work Health Amendment Act 2004\nReturn to Work Act 1986 156\n(b) whose period of approval under and for the purposes of the\nrepealed Act has not expired; and\n(c) who has not been refused approval under section 119,\nis not guilty of an offence against section 125(1) by reason only\nthat, not being approved under section 119 for the purposes of this\nAct, he or she carries on workers compensation insurance business\nin the Territory during the period of 3 months after that\n(3) An insurer who:\n(a) carried on workers compensation insurance business in the\nTerritory before the commencement of section 125;\n(b) has, within 3 months after that commencement and before the\nperiod of his or her approval under and for the purposes of the\nrepealed Act has expired, applied under section 119(1) for\napproval for the purposes of this Act; and\n(c) has not withdrawn the application or been refused approval\nunder section 119(2),\nis not guilty of an offence against section 125(1) by reason only\nthat, not being approved under section 119 for the purposes of this\nAct, he or she carries on workers compensation insurance business\nin the Territory after the expiration of 3 months after that\nPart 10 Transitional matters for Work Health\nAmendment Act 2004\n","sortOrder":208},{"sectionNumber":"194","sectionType":"section","heading":"Definition","content":"194 Definition\ncommencement date means the commencement date of the Work\nHealth Amendment Act 2004.\n","sortOrder":209},{"sectionNumber":"195","sectionType":"section","heading":"Calculation of normal weekly earnings","content":"195 Calculation of normal weekly earnings\n(1) Section 49(1A) does not affect the following compensation, the\ncalculation of which involved the calculation of normal weekly\nearnings by reference to remuneration that included a\nsuperannuation contribution referred to in section 49(1A):\n(a) compensation paid under section 64 or 65 before the\ncommencement date;\n\n","sortOrder":210},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Work Health and Safety (National Uniform","content":"Part 11 Transitional matters for Work Health and Safety (National Uniform\nLegislation) Implementation Act 2011\nReturn to Work Act 1986 157\n(b) compensation payable under section 64 or 65 in respect of a\nperiod before the commencement date in accordance with an\norder of the Court or Supreme Court made before the\ncommencement date.\n(2) Despite anything to the contrary in section 12 of the Interpretation\nAct 1978 or in any other law in force in the Territory, and subject to\nsubsection (1), section 49(1A) and (1B) applies in relation to the\ncalculation of compensation:\n(a) paid before the commencement date; or\n(b) payable on or after the commencement date, even if the right\nto claim compensation arose before the commencement date.\n(3) To avoid doubt, section 49(1A) applies in relation to compensation\nunder section 64 or 65 that is, on the commencement date, the\nsubject of any of the following:\n(a) a dispute to which Part 6A, Division 1 applies;\n(b) proceedings under Part 6A, Division 2;\n(c) an appeal, review or special case being considered under\nPart 6A, Division 3, 4 or 5;\n(d) a commutation under section 74 not yet authorised by the\nCourt.\n","sortOrder":211},{"sectionNumber":"196","sectionType":"section","heading":"Limitation of time for application for mediation","content":"196 Limitation of time for application for mediation\nSection 103D(1A) applies only in relation to a claimant who, after\nthe commencement date, receives a statement containing the\ninformation referred to in section 69(1)(b)(ii) or 85(8)(b) as\namended by the Work Health Amendment Act 2004.\nPart 11 Transitional matters for Work Health and\nSafety (National Uniform Legislation)\nImplementation Act 2011\n","sortOrder":212},{"sectionNumber":"197","sectionType":"section","heading":"Continuation of Council","content":"197 Continuation of Council\nThe change in the constitution of the Council effected by the\namendment of section 10 by the Work Health and Safety (National\nUniform Legislation) Implementation Act 2011 does not affect:\n(a) the continuity of the Council; or\n\nPart 12 Transitional matters for Workers Rehabilitation and Compensation Legislation\nAmendment Act 2012\nReturn to Work Act 1986 158\n(b) the continuation in existence, force or operation of any act,\nmatter or thing relating to the Council that was in existence,\nforce or operation immediately before the commencement of\nPart 3, Division 1 of that Act.\nPart 12 Transitional matters for Workers Rehabilitation\nand Compensation Legislation Amendment\nAct 2012\n","sortOrder":213},{"sectionNumber":"198","sectionType":"section","heading":"Provision of ABN before commencement","content":"198 Provision of ABN before commencement\n(1) A person (a relevant person) may be a worker within the meaning\nof this Act as in force after the commencement of this section even\nif the relevant person was not a worker within the meaning of this\nAct as in force immediately before the commencement.\n(2) For subsection (1), it is irrelevant if, before the commencement, the\nrelevant person:\n(a) gave written notice to the person for whom the relevant person\nperformed work or a service of a number that was, or\npurported to be, the ABN of the relevant person; and\n(b) agreed with the other person mentioned in paragraph (a) that\nthe relevant person was or was not a worker for this Act.\n","sortOrder":214},{"sectionNumber":"199","sectionType":"section","heading":"Consideration of benefits provided to worker in form other","content":"199 Consideration of benefits provided to worker in form other\nthan an amount of money paid or credited to worker\n(1) This section applies to a worker if, before the commencement of\nthis section, the worker suffered an injury that:\n(a) resulted in, or materially contributed to, the worker's total or\npartial incapacity for work before the commencement; or\n(b) results in, or materially contributes to, the worker's total or\npartial incapacity for work after the commencement.\n(2) In determining the worker's remuneration for the definitions normal\nweekly earnings and ordinary time rate of pay in section 49, that\nsection as in force immediately before the commencement applies\nas if section 5 of the Workers Rehabilitation and Compensation\nLegislation Amendment Act 2012 had not commenced.\n\nPart 12 Transitional matters for Workers Rehabilitation and Compensation Legislation\nAmendment Act 2012\nReturn to Work Act 1986 159\n","sortOrder":215},{"sectionNumber":"200","sectionType":"section","heading":"Continuation of entitlement under section 65 before","content":"200 Continuation of entitlement under section 65 before\ncommencement\n(1) This section applies to a worker who, before the commencement,\nwas totally or partially incapacitated for work as mentioned in\nprevious section 65.\nNote for subsection (1)\nThe date of the injury of a worker incapacitated as mentioned in previous\nsection 65 would be before the commencement.\n(2) Subject to subsection (3), the worker's right to the payment of\ncompensation under previous section 65 continues as if section 6 of\nthe Workers Rehabilitation and Compensation Legislation\nAmendment Act 2012 had not commenced.\n(3) Unless one of the following happened before the commencement,\ncompensation under previous section 65 must be paid until:\n(a) if the normal retiring age for the worker is more than the injury\npension age for the worker – the worker attains that normal\nretiring age; or\n(b) otherwise – the worker attains the future pension age for the\ncommencement means the commencement of this section.\nfuture pension age, for a worker, see section 65(14).\ninjury pension age, for a worker, see section 65(14).\nnormal retiring age, for a worker, see section 65(14).\nprevious section 65 means section 65 as in force immediately\nbefore the commencement.\n\n","sortOrder":216},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Workers Rehabilitation and Compensation Legislation","content":"Part 13 Transitional matters for Workers Rehabilitation and Compensation Legislation\nAmendment Act 2015\nReturn to Work Act 1986 160\nPart 13 Transitional matters for Workers Rehabilitation\nand Compensation Legislation Amendment\nAct 2015\n","sortOrder":217},{"sectionNumber":"201","sectionType":"section","heading":"Definitions","content":"201 Definitions\namending Act means the Workers Rehabilitation and\nCompensation Legislation Amendment Act 2015.\ncommencement means the commencement of the amending Act.\ninjury to the worker that arises on or after the commencement.\n","sortOrder":218},{"sectionNumber":"202","sectionType":"section","heading":"Limitation for post-commencement injury","content":"202 Limitation for post-commencement injury\n(1) The following provisions, as amended by the amending Act, apply\nin relation to an injury suffered by a worker only if the injury is a\npost-commencement injury:\n(a) section 3(1), definition worker;\n(b) section 3(3);\n(c) section 58;\n(d) section 61A;\n(e) section 64;\n(f) section 65.\n(2) The provisions mentioned in subsection (1)(a), (b), (e) and (f), as in\nforce before the commencement, continue to apply in relation to\ninjuries other than post-commencement injuries as if the amending\nAct had not commenced.\n","sortOrder":219},{"sectionNumber":"203","sectionType":"section","heading":"Application of sections 49 and 49A","content":"203 Application of sections 49 and 49A\n(1) Section 49, as amended by the amending Act, and section 49A,\napply in relation to an injury suffered by a worker only if the injury is\na post-commencement injury.\n(2) Section 49, as in force before the commencement, continues to\napply in relation to an injury other than a post-commencement\ninjury as if the amending Act had not commenced.\n\nPart 13 Transitional matters for Workers Rehabilitation and Compensation Legislation\nAmendment Act 2015\nReturn to Work Act 1986 161\n","sortOrder":220},{"sectionNumber":"203A","sectionType":"section","heading":"Extended application of section 50A","content":"203A Extended application of section 50A\n(1) The presumption mentioned in section 50A(1) also applies in\nrelation to a worker if the following conditions are met:\n(a) the worker is or was a firefighter (including a person appointed\nto be an auxiliary member under the Fire and Emergency\nAct 1996) other than a volunteer firefighter;\n(b) the disease is a prescribed disease;\n(c) the worker:\n(i) is, on the onset day for the prescribed disease, working\nas an active firefighter and had been so working for a\nperiod at least as long as the prescribed qualifying\nperiod for the prescribed disease; or\n(ii) had been, within the 10 years immediately preceding\nthat onset day, working as an active firefighter and had\nbeen so working for a period at least as long as the\nprescribed qualifying period for the prescribed disease;\n(d) that onset day is before 4 July 2011;\n(e) a claim for compensation is made by the worker within\n3 months after the commencement.\n(2) If the conditions mentioned in subsection (1) are met, this Act\napplies as if the onset day were immediately before the\n(3) Without limiting subsection (2), a person making a claim under\nPart 5, Division 3, Subdivision A in respect of a worker who has\ndied may do so only if the worker made a claim as mentioned in\nsubsection (1)(e) before dying.\n","sortOrder":221},{"sectionNumber":"204","sectionType":"section","heading":"Application of section 62","content":"204 Application of section 62\n(1) Section 62, as amended by the amending Act, applies in relation to\nthe death of a worker only if the death results from, or is materially\ncontributed to by, a post-commencement injury.\n(2) Section 62, as in force before the commencement, continues to\napply in relation to the death of a worker, other than a death of a\nworker mentioned in subsection (1), as if the amending Act had not\n\n","sortOrder":222},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Return to Work Legislation Amendment Act 2015","content":"Part 14 Transitional matters for Return to Work Legislation Amendment Act 2015\nReturn to Work Act 1986 162\n","sortOrder":223},{"sectionNumber":"205","sectionType":"section","heading":"Contribution under section 121A","content":"205 Contribution under section 121A\nThe obligation for an insurer or self-insurer to pay amounts under\nsection 121A(1)(d) on and after the commencement applies even if\napproval, or renewal of approval, of the approved insurer or\nself-insurer was granted before the commencement.\nPart 14 Transitional matters for Return to Work\n","sortOrder":224},{"sectionNumber":"206","sectionType":"section","heading":"Definitions","content":"206 Definitions\namending Act means the Return to Work Legislation Amendment\nAct 2015.\ncommencement means the commencement of the amending Act.\ninjury to the worker that arises after the commencement.\n","sortOrder":225},{"sectionNumber":"207","sectionType":"section","heading":"Application of section 3A","content":"207 Application of section 3A\n(1) Section 3A, as inserted by the amending Act, applies in relation to\nan injury suffered by a worker only if the injury is a\npost-commencement injury.\n(2) The definition injury in section 3, as in force before the\ncommencement, continues to apply in relation to an injury other\nthan a post-commencement injury as if the amending Act had not\n","sortOrder":226},{"sectionNumber":"208","sectionType":"section","heading":"Limitation for post-commencement injury","content":"208 Limitation for post-commencement injury\n(1) The following provisions, as amended or inserted by the amending\nAct, apply in relation to an injury suffered by a worker only if the\ninjury is a post-commencement injury:\n(a) section 4;\n(b) section 61B;\n(c) section 65C;\n(d) section 73;\n(e) section 75A;\n(f) section 84;\n\nPart 14 Transitional matters for Return to Work Legislation Amendment Act 2015\nReturn to Work Act 1986 163\n(g) section 85;\n(h) section 87;\n(i) section 103F;\n(j) section 167;\n(k) section 170;\n(l) section 171;\n(m) section 172;\n(n) section 173.\n(2) The provisions mentioned in subsection (1)(a), and (d) to (n), as in\nforce before the commencement, continue to apply in relation to\ninjuries other than post-commencement injuries as if the amending\nAct had not commenced.\n","sortOrder":227},{"sectionNumber":"209","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"209 Offence provisions – before and after commencement\n(1) An offence provision, as amended by the amending Act, applies\nonly in relation to offences committed after the commencement of\nthe offence provision (the offence commencement).\n(2) Section 75A, as in force before the offence commencement,\ncontinues to apply in relation to offences against that section\ncommitted before that offence commencement.\n(3) Section 103H, as in force before the offence commencement,\ncontinues to apply in relation to offences against that section\ncommitted before that offence commencement.\n(4) For this section, if any of the conduct constituting an offence\noccurred before the offence commencement, the offence is taken\nnot to have been committed after the offence commencement.\noffence provision means:\n(a) any of the following provisions:\n(i) section 7KD;\n(ii) section 65C;\n(iii) section 75A;\n\n","sortOrder":228},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Return to Work Legislation Amendment Act 2020","content":"Part 15 Transitional matters for Return to Work Legislation Amendment Act 2020\nReturn to Work Act 1986 164\n(iv) section 92;\n(v) section 103H;\n(vi) section 126AA;\n(vii) section 126AB; or\n(b) any provision that relates to offences against the provisions\nmentioned in paragraph (a) (including in relation to criminal\nresponsibility, defences and penalties).\nPart 15 Transitional matters for Return to Work\nLegislation Amendment Act 2020\n","sortOrder":229},{"sectionNumber":"210","sectionType":"section","heading":"Definitions","content":"210 Definitions\namending Act means the Return to Work Legislation Amendment\nAct 2020.\ncommencement means the commencement of section 5 of the\namending Act.\ninjury to the worker that arises after the commencement.\n","sortOrder":230},{"sectionNumber":"211","sectionType":"section","heading":"Worker","content":"211 Worker\n(1) Section 3B, as inserted by the amending Act, applies only in\nrelation to a person who suffers a post-commencement injury.\n(2) A person who was not a worker under the Act as in force\nimmediately before the commencement continues not to be a\nworker after the commencement in relation to an injury suffered\n","sortOrder":231},{"sectionNumber":"212","sectionType":"section","heading":"Out of or in course of employment","content":"212 Out of or in course of employment\n(1) Section 4, as amended by the amending Act, applies only in\nrelation to a post-commencement injury.\n(2) Section 4, as in force immediately before the commencement,\ncontinues to apply in relation to an injury suffered by a worker\n\nPart 15 Transitional matters for Return to Work Legislation Amendment Act 2020\nReturn to Work Act 1986 165\n","sortOrder":232},{"sectionNumber":"213","sectionType":"section","heading":"Labour hire arrangement","content":"213 Labour hire arrangement\n(1) Sections 4A and 4B, as inserted by the amending Act, apply in\nrelation to an individual who suffers a post-commencement injury,\nwhether the contract or arrangement was entered into before, on or\nafter the commencement.\n(2) However, the Act as in force immediately before the\ncommencement continues to apply after the commencement in\nrelation to an individual who suffered an injury before the\n","sortOrder":233},{"sectionNumber":"214","sectionType":"section","heading":"Long-term incapacity","content":"214 Long-term incapacity\n(1) Section 65, as amended by the amending Act, applies only in\nrelation to a worker who suffers a post-commencement injury.\n(2) Section 65, as in force immediately before the commencement,\ncontinues to apply in relation to a worker who suffered an injury\n","sortOrder":234},{"sectionNumber":"215","sectionType":"section","heading":"Dispute relating to costs","content":"215 Dispute relating to costs\n(1) Section 73(4), as amended by the amending Act, applies only in\nrelation to costs incurred, or proposed to be incurred, after the\n(2) Section 73(4), as in force immediately before the commencement,\ncontinues to apply in relation to costs incurred before the\ncommencement as if the amending Act had not commenced.\n","sortOrder":235},{"sectionNumber":"216","sectionType":"section","heading":"Overpayment of benefits","content":"216 Overpayment of benefits\nSection 74, as inserted by the amending Act, applies only in relation\nto an overpayment of benefits that occurs after the commencement.\n","sortOrder":236},{"sectionNumber":"217","sectionType":"section","heading":"Rehabilitation costs","content":"217 Rehabilitation costs\nSection 78(4), as inserted by the amending Act, applies only in\nrelation to costs incurred after the commencement.\n","sortOrder":237},{"sectionNumber":"218","sectionType":"section","heading":"Settlement by agreement","content":"218 Settlement by agreement\n(1) Section 78A, as amended by the amending Act, applies only in\nrelation to an agreement entered into after the commencement.\n(2) Section 78A, as in force immediately before the commencement,\ncontinues to apply in relation to an agreement entered into before\nthe commencement as if the amending Act had not commenced.\n\nReturn to Work Act 1986 166\nsection 188\nNumber and year Act\nNo. 1, 1950 Workmen's Compensation Ordinance 1949\nNo. 1, 1951 Workmen's Compensation Ordinance 1950\nNo. 21, 1952 Workmen's Compensation Ordinance 1952\nNo. 22, 1954 Workmen's Compensation Ordinance 1954\nNo. 39, 1957 Workmen's Compensation Ordinance 1957\nNo. 10, 1959 Workmen's Compensation Ordinance 1959\nNo. 22, 1960 Workmen's Compensation Ordinance 1960\nNo. 9, 1961 Workmen's Compensation Ordinance (No. 2) 1960\nNo. 37, 1962 Workmen's Compensation Ordinance 1962\nNo. 60, 1963 Workmen's Compensation Ordinance 1963\nNo. 47, 1964 Workmen's Compensation Ordinance 1964\nNo. 28, 1965 Workmen's Compensation Ordinance 1965\nNo. 54, 1965 Workmen's Compensation Ordinance (No. 2) 1965\nNo. 26, 1966 Workmen's Compensation Ordinance 1966\nNo. 32, 1967 Workmen's Compensation Ordinance 1967\nNo. 10, 1968 Workmen's Compensation Ordinance 1968\nNo. 19, 1968 Workmen's Compensation Ordinance (No. 2) 1968\nNo. 40, 1969 Workmen's Compensation Ordinance (No. 3) 1968\nNo. 41, 1969 Workmen's Compensation Ordinance 1969\nNo. 1, 1970 Workmen's Compensation Ordinance (No. 2) 1969\nNo. 11, 1970 Workmen's Compensation Ordinance 1970\nNo. 37, 1970 Workmen's Compensation Ordinance (No. 2) 1970\nNo. 11, 1972 Workmen's Compensation Ordinance 1972\nNo. 30, 1972 Workmen's Compensation Ordinance (No. 2) 1972\nNo. 40, 1972 Workmen's Compensation Ordinance (No. 3) 1972\nNo. 25, 1973 Workmen's Compensation Ordinance 1973\nNo. 33, 1973 Workmen's Compensation Ordinance (No. 3) 1973\nNo. 44, 1973 Workmen's Compensation Ordinance (No. 2) 1973\nNo. 85, 1973 Workmen's Compensation Ordinance (No. 4) 1973\nNo. 53, 1974 Workmen's Compensation Ordinance 1974\nNo. 4, 1975 Workmen's Compensation Ordinance 1975\nNo. 12, 1977 Workmen's Compensation Ordinance 1977\nNo. 14, 1977 Workmen's Compensation Ordinance (No. 2) 1977\nNo. 15, 1977 Workmen's Compensation Ordinance (No. 3) 1977\nNo. 56, 1977 Workmen's Compensation Ordinance (No. 4) 1977\nNo. 77, 1978 Workmen's Compensation Ordinance 1978\nNo. 42, 1979 Workmen's Compensation Act 1979\nNo. 69, 1979 Workmen's Compensation Act (No. 2) 1979\nNo. 107, 1979 Workmen's Compensation Act (No. 3) 1979\nNo. 162, 1979 Workmen's Compensation Act (No. 4) 1979\n\nReturn to Work Act 1986 167\nNo. 53, 1980 Workmen's Compensation Act 1980\nNo. 79, 1982 Workmen's Compensation Amendment Act 1982\nNo. 80, 1982 Workmen's Compensation Amendment Act (No. 2) 1982\nNo. 47, 1984 Workmen's Compensation Amendment Act 1984\n__________________________________________________________\n\nReturn to Work Act 1986 168\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWork Health Act 1986 (Act No. 49, 1986)\nAssent date 16 December 1986\nCommenced ss 1, 2, 6 to 18 and 194: 16 December 1986 (s 2(1));\nrem: 1 January 1987 (Gaz S90, 24 December 1986)\nStatute Law Revision Act 1987 (Act No. 9, 1987)\nAssent date 27 May 1987\nCommenced 27 May 1987\nWork Health Amendment Act 1988 (Act No. 50, 1988)\nAssent date 2 November 1988\nCommenced 2 November 1988\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced 1 January 1991 (s 2, s 2 Local Court Act 1989 (Act No. 31,\n1989) and Gaz G49, 12 December 1990, p 2)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nWork Health Amendment Act 1991 (Act No. 11, 1991)\nAssent date 7 March 1991\nCommenced ss 17 and 20: 1 July 1991 (s 2(2)); ss 21 and 22:\n","sortOrder":238},{"sectionNumber":"24","sectionType":"section","heading":"December 1992 (Gaz S66, 24 December 1992);","content":"24 December 1992 (Gaz S66, 24 December 1992);\nrem: 7 March 1991 (s 2(1))\n\nReturn to Work Act 1986 169\nWork Health Amendment Act (No. 2) 1991 (Act No. 59, 1991)\nAssent date 26 September 1991\nCommenced 15 October 1991 (Gaz S53, 15 October 1991)\nWork Health Amendment Act (No. 2) 1991 Amendment Act 1992 (Act No. 8,\n1992)\nAssent date 8 April 1992\nCommenced 8 April 1992 (s 2)\nWork Health Amendment Act (No. 3) 1991 (Act No. 61, 1991)\nAssent date 6 November 1991\nCommenced 1 January 1992 (Gaz G50, 18 December 1991, p 3)\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nWork Health Amendment Act 1992 (Act No. 66, 1992)\nAssent date 28 October 1992\nCommenced 28 October 1992\nWork Health Amendment Act 1993 (Act No. 8, 1993)\nAssent date 18 March 1993\nCommenced 18 March 1993\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nWork Health Amendment Act (No. 2) 1993 (Act No. 78, 1993)\nAssent date 23 November 1993\nCommenced 1 January 1994 (Gaz G51, 22 December 1993, p 3)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 and Gaz\nS13, 31 March 1995)\nMedical (Consequential Amendments) Act 1995 (Act No. 8, 1995)\nAssent date 10 April 1995\nCommenced 1 June 1995 (s 2, s 2 Medical Act 1995 (Act No. 7, 1995) and\nGaz S21, 1 June 1995)\n\nReturn to Work Act 1986 170\nWork Health Amendment Act 1995 (Act No. 17, 1995)\nAssent date 26 June 1995\nCommenced ss 10, 11, 15: nc (rep by Act No. 3, 2007); rem: 26 July 1995\n(Gaz G30, 26 July 1995, p 3)\nFire and Emergency (Consequential Amendments) Act 1996 (Act No. 15, 1996)\nAssent date 19 April 1996\nCommenced 1 May 1996 (s 2, s 2 Fire and Emergency Act 1996 (Act\nNo. 14, 1996) and Gaz S10, 1 May 1996)\nSentencing (Consequential Amendments) Act 1996 (Act No. No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nSentencing (Consequential Amendments) Amendment Act 1996 (Act No. 30,\n1996)\nAssent date 28 June 1996\nCommenced 28 June 1996\nWork Health Amendment Act 1996 (Act No. 67, 1996)\nAssent date 31 December 1996\nCommenced 8 March 1997 (s 2, s 2 Sentencing Amendment Act\n(No. 2) 1996 (Act No. 65, 1996) and Gaz S7, 7 March 1997)\nWork Health Amendment Act 1997 (Act No. 27, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\nWork Health Amendment Act 1998 (Act No. 18, 1998)\nAssent date 30 March 1998\nCommenced s 38: 15 October 1991 (s 2(1)); s 41: nc (rep by Act No. 3,\n2007); rem: 20 May 1998 (Gaz G19, 20 May 1998, p 2)\nWork Health Amendment Act (No. 2) 1998 (Act No. 59, 1998)\nAssent date 3 September 1998\nCommenced 1 August 1999 (Gaz G29, 28 July 1999, p 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\n\nReturn to Work Act 1986 171\nWork Health Amendment Act 1999 (Act No. 72, 1999)\nAssent date 17 December 1999\nCommenced 1 July 1999 (s 2)\nWork Health Amendment Act 2000 (Act No. 27, 2000)\nAssent date 27 June 2000\nCommenced 1 July 2000 (s 2)\nWork Health Amendment Act (No. 2) 2000 (Act No. 41, 2000)\nAssent date 31 August 2000\nCommenced 27 June 2000 (s 2 and s 2 Petroleum Amendment Act 2000\n(Act No. 31, 2000))\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001 (s 6(4))\nWork Health Amendment Act 2001 (Act No. 10, 2001)\nAssent date 22 June 2001\nCommenced 22 June 2001\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nMining Management (Consequential Amendments) Act 2001 (Act No. 42, 2001)\nAssent date 19 July 2001\nCommenced 1 January 2002 (s 2, s 2 Mining Management Act 2001 (Act\nNo. 43, 2001) and Gaz G46, 21 November 2001, p 2)\nSentencing (Consequential Amendments) Act 2001 (Act No. 56, 2001)\nAssent date 19 October 2001\nCommenced 22 October 2001 (s 2)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nWork Health Amendment Act 2002 (Act No. 23, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nWork Health Amendment Act (No. 2) 2002 (Act No. 42, 2002)\nAssent date 13 September 2002\nCommenced 1 November 2002 (Gaz G41, 16 October 2002, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nWork Health Amendment Act 2004 (Act No. 63, 2004)\nAssent date 9 December 2004\nCommenced 26 January 2005 (Gaz G4, 26 January 2005, p 3)\n\nReturn to Work Act 1986 172\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nWork Health Amendment (Advisory Council) Act 2006 (Act No. 12, 2006)\nAssent date 26 April 2006\nCommenced 31 May 2006 (Gaz G22, 31 May 2006, p 2)\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nWorkers Rehabilitation and Compensation Amendment Act 2008 (Act No. 13, 2008)\nAssent date 23 May 2008\nCommenced 1 July 2008 (Gaz S29, 25 June 2008)\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nPenalties Amendment (Justice and Treasury Legislation) 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nTraffic and Other Legislation Amendment Act 2011 (Act No. 22, 2011)\nAssent date 22 August 2011\nCommenced 1 September 2011 (Gaz G35 ,31 August 2011, p 9)\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nAssent date 31 August 2011\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nWork Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act\nNo. 38, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S78, 30 December 2011)\n\nReturn to Work Act 1986 173\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2012 (Act\nNo. 16, 2012)\nAssent date 27 April 2012\nCommenced 1 July 2012 (Gaz G22, 30 May 2012, p 6)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nMarine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013\n(Act No. 11, 2013)\nAssent date 29 May 2013\nCommenced 1 July 2013 (Gaz S24, 25 June 2013)\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S62, 27 November 2013)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nTerritory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)\nAssent date 28 November 2014\nCommenced pt 6, divs 1 and 2: nc (exp without commencing);\npt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,\n","sortOrder":239},{"sectionNumber":"19","sectionType":"section","heading":"December 2014, p 8); rem: 28 November 2014 (s 2)","content":"19 December 2014, p 8); rem: 28 November 2014 (s 2)\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act\nNo. 9, 2015)\nAssent date 23 April 2015\nCommenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015\n(Gaz S50, 22 May 2015)\nReturn to Work Legislation Amendment Act 2015 (Act No. 25, 2015)\nAssent date 18 September 2015\nCommenced 1 October 2015 (Gaz S98, 30 September 2015)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n\nReturn to Work Act 1986 174\nBushfires Management Act 2016 (Act No. 14, 2016)\nAssent date 7 June 2016\nCommenced 1 November 2016 (Gaz S111, 27 October 2016)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nReturn to Work Legislation Amendment Act 2020 (Act No. 21, 2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 2 Work Health Amendment Act 1991 (Act No. 11, 1991)\ns 14 Work Health Amendment Act (No. 2) 1991 (Act No. 59, 1991) (sub Act\nNo. 8, 1992, s 3)\ns 34 Work Health Amendment Act (No. 3) 1991 (Act No. 61, 1991)\ns 25 Work Health Amendment Act (No. 2) 1993 (Act No. 78, 1993)\ns 5(2) Work Health Amendment Act 1995 (Act No. 17, 1995)\ns 40 Work Health Amendment Act 1998 (Act No. 18, 1998)\ns 36 Work Health Amendment Act (No. 2) 1998 (Act No. 59, 1998)\ns 4 Work Health Authority Amendment Act 1999 (Act No. 72, 1999)\ns 4 Work Health Amendment Act 2000 (Act No. 27, 2000)\ns 21 Work Health Amendment Act (No. 2) 2002 (Act No. 42, 2002)\ns 82 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 7A, 7B, 7C, 10, 50A,\n52, 53AA, 60, 61, 62, 65A, 72A, 110A, 110B, 121A, 151, 152, 166, 195 and\n203A.\n\nReturn to Work Act 1986 175\n5 LIST OF AMENDMENTS\nlt amd No. 17, 1995, s 4; No. 59, 1998, s 4\nsub No. 30, 2007, s 4\npt I hdg amd No. 30, 2007, s 10; No. 16, 2012, s 11\ns 1 sub No. 30, 2007, s 5\namd No. 9, 2015, s 4\ns 2 rep No. 30, 2007, s 6\nins No. 9, 2015, s 5\ns 3 amd No. 11, 1991, s 4; No. 59, 1991, s 4; No. 61, 1991, s 4; No. 28, 1993,\ns 3; No. 78, 1993, s 4; No. 17, 1995, s 5; No. 15, 1996, s 3; No. 17, 1996,\nss 5 and 6; No. 67, 1996, s 3; No. 18, 1998, ss 4 and 39; No. 59, 1998, s 5;\nNo. 72, 1999, s 3; No. 27, 2000, s 3; No. 3, 2001, s 6; No. 56, 2001, s 4;\nNo. 62, 2001, s 15; No. 63, 2004, s 4; No. 33, 2005, s 5; No. 3, 2007, s 4;\nNo. 30, 2007, ss 6 and 10; No. 25, 2009, s 10; No. 38, 2010, s 3; No. 38,\n2011, s 5; No. 24, 2011, s 39; No. 16, 2012, s 4; No. 27, 2013, s 128; No. 41,\n2014, s 53; No. 9, 2015, s 6; No. 25, 2015, s 4; No. 8, 2016, s 45; No. 14,\n2016, s 120; No. 21, 2020, s 4; No. 16, 2022, s 222\ns 3A ins No. 25, 2015, s 5\ns 3B ins No. 21, 2020, s 5\namd No. 4, 2024, s 50\ns 4 amd No. 59, 1991, s 5; No. 18, 1998, ss 4 and 39; No. 9, 2015, s 7; No. 25,\n2015, s 6; No. 21, 2020, s 6\ns 4A – 4B ins No. 21, 2020, s 7\ns 5A ins No. 25, 2015, s 7\npt 2 hdg sub No. 30, 2007, s 7\npt 2\ndiv 1 hdg ins No. 38, 2011, s 6\ns 6 sub No. 30, 2007, s 7\namd No. 38, 2011, s 7\ns 7 sub No. 30, 2007, s 7; No. 38, 2011, s 8\npt 2\ndiv 2 hdg ins No. 38, 2011, s 9\npt 2\nsdiv 1 hdg ins No. 38, 2011, s 9\ns 7A ins No. 38, 2011, s 9\namd No. 19, 2014, s 26\nss 7B – 7C ins No. 38, 2011, s 9\npt 2\nsdiv 2 hdg ins No. 38, 2011, s 9\nss 7D – 7J ins No. 38, 2011, s 9\ns 7K ins No. 38, 2011, s 9\namd No. 8, 2016, s 45\npt 2\nsdiv 2A hdg ins No. 25, 2015, s 8\nss 7KA – 7KE ins No. 25, 2015, s 8\npt 2\nsdiv 3 hdg ins No. 38, 2011, s 9\nss 7L – 7M ins No. 38, 2011, s 9\npt 3 hdg ins No. 30, 2007, s 7\ns 8 rep No. 28, 1993, s 3\nins No. 30, 2007, s 7\n\nReturn to Work Act 1986 176\ns 9 rep No. 28, 1993, s 3\nins No. 30, 2007, s 7\namd No. 38, 2011, s 10\ns 10 amd No. 18, 1998, s 6\nsub No. 30, 2007, s 7\namd No. 38, 2011, s 11\nss 11 – 12 sub No. 30, 2007, s 7\ns 13 sub No. 30, 2007, s 7\namd No. 38, 2011, s 12\ns 14 amd No. 18, 1998, ss 7 and 39\nsub No. 30, 2007, s 7\ns 15 sub No. 30, 2007, s 7\nss 16 – 17 rep No. 18, 1998, s 8\ns 18 rep No. 5, 1995, s 19\npt III hdg amd No. 11, 1991, s 5\ns 19 amd No. 11, 1991, s 6; No. 18, 1998, s 39; No. 12, 2006, s 4\ns 20 amd No. 11, 1991, s 7; No. 18, 1998, s 39; No. 12, 2006, s 5\ns 21 amd No. 18, 1998, s 39; No. 12, 2006, s 6\ns 22 amd No. 12, 2006, s 6\nss 23 – 24 amd No. 18, 1998, s 39; No. 12, 2006, s 6\nss 26 – 27 amd No. 18, 1998, s 39\npt IV hdg rep No. 30, 2007, s 7\ndiv 1 hdg rep No. 30, 2007, s 7\ns 28 amd No. 11, 1991, s 8; No. 17, 1995, s 6; No. 18, 1998, s 39\ns 28A ins No. 8, 1993, s 2\nsub No. 42, 2001, s 3\ns 28B ins No. 41, 2000, s 3\ns 29 amd No. 11, 1991, s 9; No. 27, 1997, s 3; No. 18, 1998, s 39\ns 30 amd No. 17, 1995, s 7; No. 27, 1997, s 4\ns 30A ins No. 17, 1995, s 8\namd No. 27, 1997, s 5; No. 18, 1998, s 39\ns 30B ins No. 17, 1995, s 8\namd No. 27, 1997, s 6\ns 30C ins No. 17, 1995, s 8\namd No. 27, 1997, s 7; No. 18, 1998, s 39\ns 31 amd No. 11, 1991, s 10; No. 18, 1998, s 39\ns 32 amd No. 18, 1998, s 39\ndiv 2 hdg rep No. 30, 2007, s 7\nss 35 – 36 rep No. 30, 2007, s 7\n\nReturn to Work Act 1986 177\ndiv 3 hdg rep No. 30, 2007, s 7\nss 37 – 38 rep No. 30, 2007, s 7\ns 39 amd No. 18, 1998, s 39\ndiv 4 hdg rep No. 30, 2007, s 7\ns 40 rep No. 30, 2007, s 7\ns 41 amd No. 11, 1991, s 11\ns 41A ins No. 11, 1991, s 12\namd No. 41, 2000, s 4; No. 17, 2001, s 21\nss 42 – 43 rep No. 30, 2007, s 7\ns 44 amd No. 18, 1998, s 39\ndiv 4A hdg ins No. 61, 1991, s 5\ns 44A ins No. 61, 1991, s 5\namd No. 59, 1998, s 6\nss 44B – 44D ins No. 61, 1991, s 5\ns 44E ins No. 61, 1991, s 5\namd No. 18, 1998, s 39\nss 44F – 44G ins No. 61, 1991, s 5\ndiv 5 hdg rep No. 30, 2007, s 7\ns 45 amd No. 61, 1991, s 6\ns 46 amd No. 17, 1996, s 6; No. 18, 1998, s 39\nss 47 – 48 rep No. 61, 1991, s 7\ns 48A ins No. 11, 1991, s 13\nss 48B – 48C ins No. 11, 1991, s 13\nrep No. 17, 1995, s 9\npt V hdg amd No. 30, 2007, s 10\npt 5\ndiv 1 hdg amd No. 16, 2012, s 11\ns 49 amd No. 59, 1991, s 6; No. 61, 1991, s 8; No. 82, 1991, s 11; No. 78, 1993,\ns 5; No. 8, 1995, s 4; No. 27, 1997, s 8; No. 18, 1998, s 39; No. 42, 2002, s 4;\nNo. 1, 2004, s 62; No. 63, 2004, s 5; No. 44, 2005, s 22; No. 30, 2007, s 10;\nNo. 18, 2010, s 87; No. 16, 2012, s 5; No. 17, 2012, s 55; No. 9, 2015, s 8;\nNo. 28, 2018,s 25; No. 21, 2020, s 22\ns 49A ins No. 9, 2015, s 9\ns 50 rep No. 61, 1991, s 9\nins No. 27, 1997, s 9\ns 50A ins No. 9, 2015, s 10\namd No. 14, 2016, s 120; No. 10, 2018, s 6\ns 50AA ins No. 25, 2015, s 9\ns 51 amd No. 18, 1998, s 9; No. 3, 2007, s 5; No. 16, 2022, s 222\ns 52 amd No. 50, 1988, s 2\ns 53 amd No. 18, 1998, s 39; No. 3, 2007, s 6\n\nReturn to Work Act 1986 178\ns 53AA ins No. 3, 2007, s 7\namd No. 11, 2013, s 66; No. 25, 2015, s 10\nss 53AB –\n53AC ins No. 3, 2007, s 7\ns 53A ins No. 18, 1998, s 10\ns 54 amd No. 61, 1991, s 10\nsub No. 18, 1998, s 11\nss 55 – 56 amd No. 18, 1998, s 39\ns 57 amd No. 61, 1991, s 11; No. 18, 1998, s 39; No. 3, 2007, s 8\ns 58 rep No. 61, 1991, s 12\nins No. 9, 2015, s 11\ns 59 rep No. 61, 1991, s 12\ns 60 amd No. 59, 1991, s 7; No. 22, 2011, s 42\ns 61 rep No. 61, 1991, s 12\nins No. 18, 1998, s 12\namd No. 41, 2014, s 53; No. 21, 2020, s 8\npt 5\nsdiv AA hdg ins No. 9, 2015, s 12\ns 61A ins No. 9, 2015, s 12\namd No. 25, 2015, s 11\ns 61B ins No. 25, 2015, s 12\ns 62 amd No. 11, 1991, s 14; No. 61, 1991, s 13; No. 42, 2002, s 5; No. 9, 2015,\ns 13; No. 25, 2015, s 13\ns 63 amd No. 59, 1991, s 8\ns 64 amd No. 18, 1998, ss 13 and 39; No. 42, 2002, s 6; No. 13, 2008, s 4\nsub No. 9, 2015, s 14\namd No. 25, 2015, s 14\ns 65 amd No. 59, 1991, s 9; No. 17, 1995, s 12; No. 18, 1998, s 39; No. 42, 2002,\ns 7; No. 16, 2012, s 6; No. 9, 2015, s 15; No. 25, 2015, s 15; No. 21, 2020, s\ns 65A ins No. 18, 1998, s 14\namd No. 42, 2002, s 8\nsub No. 25, 2015, s 16\ns 65B ins No. 42, 2002, s 9\nsub No. 16, 2012, s 7\ns 65C ins No. 25, 2015, s 17\ns 66 amd No. 3, 2001, s 6\nsub No. 13, 2008, s 5\ns 67 rep No. 61, 1991, s 12\ns 68 amd No. 61, 1991, s 14; No. 18, 1998, s 39; No. 42, 2002, s 10\ns 69 sub No. 61, 1991, s 15\namd No. 78, 1993, s 6; No. 18, 1998, ss 15 and 39; No. 59, 1998, s 7; No. 42,\n2002, s 11; No. 63, 2004, s 6; No. 9, 2015, s 16; No. 21, 2020, s 22\ns 70 amd No. 59, 1991, s 10; No. 9, 2015, s 17\ns 71 amd No. 59, 1991, s 11; No. 42, 2002, s 12\ns 72 amd No. 78, 1993, s 7; No. 18, 1998, s 39; No. 59, 1998, s 8; No. 42, 2002,\ns 13; No. 9, 2015, s 18\ns 72A ins No. 38, 2011, s 13; No. 8, 2016, s 45\npt 5\nsdiv D hdg amd No. 16, 2012, s 11\ns 73 amd No. 18, 1998, s 39; No. 44, 2005, s 22; No. 18, 2010, s 88; No. 16,\n2012, s 11\nsub No. 25, 2015, s 18\namd No. 21, 2020, s 10\n\nReturn to Work Act 1986 179\npt 5\nsdiv E hdg rep No. 25, 2015, s 19\nins No. 21, 2020, s 11\ns 74 amd No. 59, 1991, s 12; No. 17, 1995, s 13; No. 18, 1998, s 39; No. 42,\n2002, s 14\nrep No. 25, 2015, s 19\nins No. 21, 2020, s 11\npt V\ndiv 4 hdg amd No. 61, 1991, s 16\ns 74A ins No. 21, 2020, s 12\ns 75 sub No. 61, 1991, s 17; No. 25, 2015, s 20\ns 75A ins No. 61, 1991, s 17\namd No. 27, 1997, s 10; No. 59, 1998, s 9; No. 42, 2002, s 15; No. 38, 2010,\ns 3\nsub No. 25, 2015, s 20\namd No. 21, 2020, ss 13 and 22\ns 75B ins No. 61, 1991, s 17\namd No. 17, 1995, s 14; No. 27, 1997, s 11; No. 18, 1998, s 39\ns 76 amd No. 61, 1991, s 18; No. 18, 1998, s 39\ns 77 amd No. 18, 1998, s 39\ns 78 amd No. 18, 1998, s 39; No. 21, 2020, s 14\npt 5\ndiv 4A hdg ins No. 25, 2015, s 21\ns 78A ins No. 25, 2015, s 21\namd No. 21, 2020, s 15\ns 78B ins No. 25, 2015, s 21\namd No. 21, 2020, s 16\ns 79 rep No. 25, 2015, s 22\ns 81 amd No. 18, 1998, s 39\ns 82 amd No. 78, 1993, s 8; No. 18, 1998, ss 16 and 39; No. 63, 2004, s 7; No. 9,\n2015, s 19; No. 21, 2020, s 22\ns 83 amd No. 59, 1990, s 4; No. 41, 2000, s 4; No. 17, 2001, s 21\ns 84 amd No. 11, 1991, s 15; No. 18, 1998, ss 17 and 39; No. 59, 1998, s 10;\nNo. 41, 2000, s 4; No. 38, 2010, s 3; No. 25, 2015, s 23\ns 85 amd No. 61, 1991, s 19\nsub No. 78, 1993, s 9\namd No. 50, 1994, s 16; No. 18, 1998, ss 18 and 39; No. 59, 1998, s 11;\nNo. 42, 2002, s 16; No. 63, 2004, s 8; No. 25, 2015, s 24\ns 85A ins No. 18, 1998, s 19\ns 86 amd No. 59, 1998, s 12; No. 38, 2010, s 3\ns 87 amd No. 61, 1991, s 20\nsub No. 78, 1993, s 10; No. 18, 1998, s 20\namd No. 13, 2008, s 6; No. 25, 2015, s 25\ns 88 amd No. 18, 1998, ss 21 and 39; No. 59, 1998, s 35; No. 38, 2010, s 3\ns 89 amd No. 18, 1998, s 39; No. 16, 2012, s 8\ns 90 amd No. 18, 1998, ss 22 and 39; No. 59, 1998, s 35; No. 38, 2010, s 3\ns 90A ins No. 18, 1998, s 23\ns 90B ins No. 63, 2004, s 9\ns 91 amd No. 9, 1987, s 2; No. 61, 1991, s 21; No. 63, 2004, s 10\ns 91A ins No. 61, 1991, s 22\nsub No. 78, 1993, s 11\namd No. 18, 1998, s 39; No. 9, 2015, s 20\n\nReturn to Work Act 1986 180\ns 91B ins No. 61, 1991, s 22\nsub No. 78, 1993, s 11\namd No. 18, 1998, s 39\nrep No. 59, 1998, s 13\ns 91BA ins No. 66, 1992, s 2\ns 91C ins No. 61, 1991, s 22\namd No. 66, 1992, s 3\nss 91D – 91F ins No. 61, 1991, s 22\npt 6 hdg amd No. 30, 2007, s 10\nins No. 25, 2015, s 26\ndiv 1 hdg rep No. 38, 2011, s 14\ns 92 rep No. 38, 2011, s 14\nins No. 25, 2015, s 26\ndiv 2 hdg rep No. 38, 2011, s 14\ns 93 amd No. 78, 1993, s 12; No. 59, 1998, s 14\ns 94 amd No. 78, 1993, s 13; No. 59, 1998, s 15; No. 30, 2007, s 10\nss 95 – 96 rep No. 38, 2011, s 14\ns 97 amd No. 61, 1991, s 23; No. 78, 1993, s 14; No. 18, 1998, s 39\nss 98 – 99 rep No. 38, 2011, s 14\ndiv 3 hdg sub No. 59, 1998, s 16\ns 99A ins No. 59, 1998, s 17\ns 100 amd No. 78, 1993, s 15; No. 18, 1998, s 24\nsub No. 59, 1998, s 17\ns 101 amd No. 14, 1989, s 7; No. 18, 1998, s 39\ns 102 amd No. 78, 1993, s 16; No. 18, 1998, s 39\ns 103 amd No. 18, 1998, s 39\npt VIA hdg ins No. 59, 1998, s 18\namd No. 30, 2007, s 10\ndiv 1 hdg ins No. 59, 1998, s 18\ns 103A ins No. 59, 1998, s 18\namd No. 38, 2011, s 15; No. 25, 2015, s 27\ns 103B ins No. 59, 1998, s 18\ns 103BA ins No. 25, 2015, s 28\ns 103C ins No. 59, 1998, s 18\namd No. 13, 2008, s 7\ns 103D ins No. 59, 1998, s 18\namd No. 42, 2002, s 17; No. 63, 2004, s 11; No. 13, 2008, s 8; No. 25, 2015,\ns 29\ns 103E ins No. 59, 1998, s 18\ns 103F ins No. 59, 1998, s 18\namd No. 25, 2015, s 30\n\nReturn to Work Act 1986 181\ns 103FA ins No. 25, 2015, s 31\namd No. 21, 2020, s 17\ns 103G ins No. 59, 1998, s 18\ns 103H ins No. 59, 1998, s 18\nsub No. 25, 2015, s 32\ns 103J ins No. 59, 1998, s 18\namd No. 42, 2002, s 18\ns 103K ins No. 59, 1998, s 18\nsub No. 3, 2001, s 6\ndiv 2 hdg amd No. 59, 1998, s 19\ns 104 amd No. 9, 1987, s 2; No. 61, 1991, s 24; No. 78, 1993, s 17; No. 59, 1998,\ns 20; No. 42, 2002, s 19; No. 30, 2007, s 10; No. 38, 2011, s 16\ns 105 amd No. 18, 1998, s 39; No. 59, 1998, s 21; No. 38, 2011, s 17; No. 8, 2016,\ns 45\ns 106 amd No. 61, 1991, s 25; No. 78, 1993, s 18\nsub No. 59, 1999, s 22\ns 107 amd No. 9, 1987, s 2; No. 78, 1993, s 19\nsub No. 59, 1998, s 22\ns 108 amd No. 38, 2011, s 18\nrep No. 25, 2015, s 33\ns 109 amd No. 27, 1997, s 12; No. 18, 1998, s 39\ns 110 amd No. 59, 1998, s 23\ns 110A ins No. 78, 1993, s 20\namd No. 38, 2011, s 19\ns 110B ins No. 78, 1993, s 20\namd No. 18, 1998, s 39; No. 23, 2012, s 32\ndiv 3 hdg\namd No. 59, 1998, s 24\ns 111 amd No. 61, 1991, s 26; No. 30, 2007, s 8\ns 112 amd No. 30, 2007, s 9\ns 114 amd No. 78, 1993, s 21\ndiv 4 hdg ins No. 59, 1998, s 25\namd No. 38, 2011, s 20\ns 114A ins No. 59, 1998, s 25\namd No. 38, 2011, s 21; No. 8, 2016, s 45\ndiv 5 hdg amd No. 59, 1998, s 26\ns 116 amd No. 59, 1998, s 27; No. 38, 2011, s 22; No. 16, 2012, s 9; No. 8, 2016,\ns 45\npt VII amd No. 30, 2007, s 10\npt 7\ndiv 1 hdg amd No. 16, 2012, s 11\ns 117 amd No. 16, 2012, s 11; No. 25, 2015, s 34\ns 118 sub No. 18, 1998, s 25\namd No. 23, 2002, s 2\ns 119 amd No. 25, 2015, s 35\ns 120 amd No. 25, 2015, s 36\ns 120A ins No. 25, 2015, s 37\ns 121 amd No. 18, 1998, ss 26 and 39; No. 25, 2015, s 38\ns 121A ins No. 59, 1998, s 28\namd No. 42, 2002, s 20; No. 38, 2011, s 23; No. 9, 2015, s 21\ns 122 amd No. 18, 1998, s 39; No. 38, 2010, s 3\ns 124 amd No. 18, 1998, s 39; No. 59, 1998, s 29\n\nReturn to Work Act 1986 182\ns 124A ins No. 59, 1998, s 30\namd No. 16, 2012, s 11\ns 125 amd No. 17, 1996, s 6; No. 18, 1998, s 39; No. 59, 1998, s 35; No. 38, 2010,\ns 3\ns 126 amd No. 17, 1996, s 6, No. 18, 1998, s 39; No. 59, 1998, s 31; No. 3, 2007,\ns 9; No. 30, 2007, s 10; No. 38, 2010, s 3\nsub No. 25, 2015, s 39\nss 126AA –\n126AB ins No. 25, 2015, s 39\ns 126A ins No. 78, 1993, s 22\namd No. 18, 1998, s 27; No. 30, 2007, s 10; No. 38, 2011, s 24\ns 127 amd No. 61, 1991, s 27\nsub No. 18, 1998, s 28\ns 129 amd No. 18, 1998, s 39; No. 25, 2015, s 40\ns 130 amd No. 11, 1991, s 16; No. 18, 1998, ss 29 and 39; No. 59, 1998, s 35;\nNo. 38, 2010, s 3; No. 16, 2012, s 11\nss 131 – 132 amd No. 18, 1998, s 39\nss 135 – 136 amd No. 18, 1998, s 39; No. 16, 2012, s 11\nss 137 – 138 amd No. 18, 1998, s 39\ns 138A ins No. 11, 1991, s 17\ns 139 amd No. 18, 1998, s 39\npt VII\ndiv 4 hdg amd No. 18, 1998, s 30\ns 140 amd No. 18, 1998, ss 31 and 39\ns 141 amd No. 18, 1998, ss 32 and 39\nss 142 – 144 amd No. 18, 1998, s 39\ns 145 amd No. 59, 1991, s 13; No. 18, 1998, s 33\ns 147 amd No. 18, 1998, s 39; No. 38, 2010, s 3\ns 148 amd No. 18, 1998, s 39\ns 149 amd No. 18, 1998, s 39; No. 16, 2012, s 11\ns 150 amd No. 18, 1998, s 34\ns 151 amd No. 18, 1998, s 35\ns 152 amd No. 18, 1998, ss 36 and 39\nss 153 – 156 amd No. 18, 1998, s 39\ns 158 amd No. 18, 1998, s 39\ns 160 amd No. 18, 1998, s 39\ns 162 amd No. 10, 2001, s 3\ns 164 amd No. 18, 1998, s 39; No. 59, 1998, s 35\nsub No. 10, 2001, s 4\namd No. 21, 2020, s 18\ns 164A ins No. 10, 2001, s 4\namd No. 38, 2010, s 3; No. 21, 2020, s 19\ns 164B ins No. 10, 2001, s 4\namd No. 23, 2002, s 3\ns 165 amd No. 10, 2001, s 5; No. 16, 2012, s 11\ns 166 amd No. 27, 1999, s 15; No. 15, 2009, s 16\npt 7\ndiv 7 hdg amd No. 16, 2012, s 11\ns 167 amd No. 9, 1987, s 2\nsub No. 61, 1991, s 28\namd No. 78, 1993, s 23; No. 16, 2012, s 11\nsub No. 25, 2015, s 41\namd No. 21, 2020, s 20\ns 168 sub No. 61, 1991, s 28\namd No. 18, 1998, s 37; No. 9, 2015, s 22\nrep No. 25, 2015, s 41\ns 169 sub No. 61, 1991, s 28\nrep No. 25, 2015, s 41\n\nReturn to Work Act 1986 183\ns 170 sub No. 61, 1991, s 28\namd No. 59, 1998, s 32; No. 30, 2007, s 10; No. 38, 2011, s 25; No. 25,\n2015, s 42\ns 171 sub No. 61, 1991, s 28\namd No. 59, 1998, s 35; No. 41, 2000, s 4; No. 17, 2001, s 21; No. 38, 2010,\ns 3; No. 25, 2015, s 43\ns 172 sub No. 61, 1991, s 28\namd No. 18, 1998, s 39; No. 25, 2015, s 44\ns 173 sub No. 61, 1991, s 28\namd No. 18, 1998, s 39; No. 25, 2015, s 45\ns 174 rep No. 61, 1991, s 28\ns 175 amd No. 18, 1998, s 39; No. 59, 1998, s 35; No. 38, 2010, s 3\ns 176 amd No. 18, 1998, s 39\ns 177 amd No. 16, 2012, s 11\npt VIII hdg amd No. 30, 2007, s 10\ns 178 amd No. 59, 1998, s 35; No. 38, 2010, s 3; No. 16, 2012, s 11\ns 179 amd No. 16, 2012, s 11\ns 181 amd No. 18, 1998, s 39\nsub No. 38, 2011, s 26\namd No. 25, 2015, s 46\nss 182 – 184 amd No. 18, 1998, s 39\ns 186A ins No. 11, 1991, s 18\namd No. 59, 1998, s 33; No. 38, 2010, s 3; No. 25, 2015, s 47\ns 186B ins No. 38, 2011, s 27\ns 187 amd No. 11, 1991, s 19; No. 61, 1991, s 29; No. 78, 1993, s 24; No. 17,\n1995, s 16; No. 27, 1997, s 13; No. 18, 1998, s 39; No. 59, 1998, s 34;\nNo. 38, 2010, s 3\ns 187A ins No. 61, 1991, s 30\namd No. 18, 1998, s 39; No. 38, 2010, s 3; No. 16, 2012, s 11\ns 187B ins No. 61, 1991, s 30\namd No. 16, 2012, s 11\npt IX hdg amd No. 63, 2004, s 12; No. 30, 2007, s 10\ns 189 amd No. 61, 1991, s 31; No. 18, 1998, s 39; No. 16, 2012, s 11\ns 191 amd No. 16, 2012, s 11\nss 192 – 193 amd No. 18, 1998, s 39\npt X hdg ins No. 63, 2004, s 13; No. 30, 2007, s 10\ns 194 rep No. 61, 1991, s 32\nins No. 63, 2004, s 13\ns 195 ins No. 63, 2004, s 13\namd No. 30, 2007, s 10\ns 196 ins No. 63, 2004, s 13\npt 11 hdg ins No. 38, 2011, s 28\ns 197 ins No. 38, 2011, s 28\npt 12 hdg ins No. 16, 2012, s 10\nss 198 – 200 ins No. 16, 2012, s 10\npt 13 hdg ins No. 9, 2015, s 23\nss 201 – 205 ins No. 9, 2015, s 23\npt 14 hdg ins No. 25, 2015, s 48\nss 206 – 209 ins No. 25, 2015, s 48\npt 15 hdg ins No. 21, 2020, s 21\nss 210 – 218 ins No. 21, 2020, s 21\nsch 1 rep No. 25, 2015, s 49\nsch 1A ins No. 3, 2007, s 10\namd No. 38, 2014, s 2\nrep No. 25, 2015, s 49\nsch 2 amd No. 11, 1991, s 20; No. 61, 1991, s 33; No. 18, 1998, s 39; No. 30,\n2007, s 10\nrep No. 25, 2015, s 49","sortOrder":240}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has materially expanded from a basic workers' compensation statute into a comprehensive regulatory and administrative scheme. Over successive amendments it has added detailed insurer regulation and approval (ss119–126AB), a Nominal Insurer and Fund with contribution mechanisms (ss150, 162–165), formalised mediation and a specialist court pathway (Part 6A), stricter rehabilitation and return‑to‑work duties (ss75A, 76), accredited vocational rehabilitation providers (s50) and modern labour‑hire definitions (ss4A–4B). These additions broaden the Act’s scope beyond simple compensation payment rules to cover scheme financing, insurer conduct, accreditation of providers, prescription of codes and extensive administrative discretion — significantly enlarging the statute’s purpose and the number of regulated parties compared with its original, narrower compensation focus."},"complexity_factors":["Very long Act with many parts, divisions and subdivisions (over 170 sections plus extensive schedules and endnotes)","Numerous defined terms in interpretation (section 3 and ss 49/49A) with legal effect across the Act","Heavy cross‑referencing to other Acts and national laws (Income Tax Assessment Act, PAYG provisions, Evidence Act, Motor Accidents Acts, Work Health Administration Act, national health practitioner laws)","Multiple conditional application rules (post‑commencement vs pre‑commencement injuries across Parts 10–15) creating temporal complexity","Nested and interacting benefit rules (ss64–65, 61A) with caps, exceptions and indexing formulas (s65(3A))","Complex insurer framework: approved insurers, self‑insurers, Nominal Insurer and contribution rules (ss119–126AB, 150–166, 164A–164B)","Detailed dispute resolution ladder with mandatory mediation, time limits and privileged mediation material (ss103D, 103J, 103K)","Extensive administrative discretions (Authority approvals, condition variations, establishment of codes and regulations) and enforcement powers (ss6, 119, 120A, 7KA)","Medical/actuarial determinations and review processes (medical assessor panels under s72, actuarial valuation in s54)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a territory-wide workers' rehabilitation and compensation scheme (the “scheme”) that pays injured workers and their dependants money and other benefits when a work-related injury, disease or death occurs (see s2, s53).\n- Defines who is a “worker” for the scheme and what counts as an “injury” so the law determines who is covered and when (see s3B, s3A, s4).\n- Sets out the types and amounts of compensation (weekly payments, lump sums for death or permanent impairment, medical and rehabilitation expenses) and limits on benefit durations (see ss64–65, 71, 62, 73, 61A).\n- Requires employers to hold adequate workers‑compensation insurance (or to be authorised to self‑insure), regulates approved insurers, and creates a Nominal Insurer and Fund to cover uninsured employers or insurer defaults (see ss119–126AB, 150, 162–166).\n- Imposes duties on employers to assist rehabilitation and return to work, and on workers to participate in reasonable treatment and training (see ss75A, 75B, 76).\n- Provides a staged dispute‑resolution pathway: internal insurer processes, compulsory mediation before Court proceedings, interim determinations and access to the Work Health Court (see ss103BA, 103D, 103J, 104, 107).\n- Establishes an administrative regulator (the Authority) with inspection, information‑gathering, prohibition and enforcement powers and penalties for breaches and misleading conduct (see ss6–7, 7G–7KA, 7KD, 7M, 92).\n- Enables settlement options (lump-sum, structured settlements) subject to procedural safeguards (legal and financial advice, cooling-off, exclusions for catastrophic injuries) (see ss78A–78B).\n\nKey mechanics in plain language\n\n- Coverage: A person is a worker if they perform services under a contract and are (or should be) treated as an employee for PAYG withholding (s3B). The Act also deals specifically with volunteers, directors, labour‑hire workers and special classes such as firefighters and sailors (ss3B, 4A–4B, 50A, 51).\n- When an injury is compensable: injury must arise “out of or in the course of” employment; travel to/from work, medical appointments and certain training are specifically included or excluded by detailed rules (s4).\n- Money and services: the Act specifies how to calculate normal weekly earnings (s49A), how weekly payments are set (ss64–65), lump sums for death (s62) and permanent impairment (s71), and payment of medical, rehabilitation and attendant‑care costs (ss73, 76–78).\n- Limits and triggers: long‑term weekly payments are subject to caps (e.g. 260 weeks except in certain circumstances) and statutory events that reduce or end entitlements (ss61A, 65(1BA)–(1D)).\n- Insurance and scheme finance: approved insurers must be authorised by the Authority (ss119–121); employers must hold adequate policies or be self‑insurers (s126AA); the Nominal Insurer is funded by contributions and covers defaults (ss162–165, 137).\n- Enforcement and compliance: inspectors have entry, information and warrant powers; the Authority can issue prohibition notices to employers lacking required policies and prosecute offences (ss7H–7K, 7KA–7KD, 6, 7M).\n\n**Who it affects**\n\n- Primary: workers (as defined in s3B) in the Northern Territory who suffer work-related injury or disease, and their dependants.\n- Employers: required to insure, report claims, assist rehabilitation, and pay contributions or premiums (ss121A, 130, 126AA, 75A).\n- Approved insurers and self‑insurers: subject to approval, contribution and conduct conditions (ss119–126AB, 164A).\n- Public bodies: the Authority administers the Act; the Work Health Court adjudicates disputes; the Nominal Insurer administers the Fund and handles claims where insurers or employers default (ss6, 104, 150–162).\n\n**Why it matters (purpose and practical effects)**\n\n- The Act’s stated purpose is to provide effective rehabilitation and adequate, just and affordable compensation while containing employer costs (s2). Mechanically it does this by:\n  - Creating predictable benefit rules (amounts, durations, medical cover) so injured workers know entitlements (ss64–65, 71, 73).\n  - Forcing employers either to insure or to be authorised as self‑insurers, shifting the immediate payment risk off unsecured employers and providing an industry pool (ss126AA, 119–121, 162–165).\n  - Requiring employer participation in return‑to‑work programs and vocational rehabilitation to shorten incapacity and reintegrate workers (ss75A, 76).\n  - Establishing mediation and a specialist court process intending to resolve disputes faster and offload general courts (ss103D, 104, 107).\n\n**Costs, incentives and trade‑offs (tested against the Act’s stated aims)**\n\n- Who pays: employers (premiums, contributions under s164A/164B), approved insurers (contribute to the Nominal Insurer Fund), and ultimately the Fund (which is financed by insurers/employers and may receive temporary advances from the Territory) (ss164A, 164B, 166).\n- Who decides: the Authority controls approval of insurers/self‑insurers and many operational rules (ss6, 119–121), with the Minister and Court having oversight roles (various sections). That central role gives administrative discretion (s6(4), s119(2)).\n- Behaviour changes: employers are incentivised to maintain insurance, adopt safety/rehabilitation practices (Committee monitors premiums vs safety — s145(1A)), and to engage early with return‑to‑work planning (s75A). Workers are required to participate in reasonable rehabilitation (s75B) or risk reduction/cancellation of benefits (s75B(2),(3)).\n- Compliance burden: employers must maintain records (s130(5)), report claims promptly (s84), ensure policies, and respond to Authority/inspector information requests (s7, s139). Insurers must publish and implement internal dispute processes (s103BA) and may face civil penalties (s124A).\n- Trade‑offs and implementation risks: the system centralises complex actuarial and clinical decisions (medical impairment panels s72, actuarial valuation of recoverable amounts s54(4)), creating dependency on administrative capacity and specialist panels. The Act relies on accurate earnings records and medical assessments for correct benefit calculations (ss49A, 72), so mistakes or delays can produce over/under payments and litigation (sections on recovery and enforcement ss74, 72A).\n- Limits and concentrated benefits: benefits are concentrated (injured workers receive medical/weekly/lump sums) while costs are diffuse (premiums spread across employers). The Act gives special presumptions for some groups (e.g. firefighters — s50A), which concentrates particular advantages.\n\n**Other notable procedural safeguards and constraints**\n\n- Settlement safeguards: lump‑sum and structured settlements require invitations to obtain legal and financial advice and include a cooling‑off period; catastrophic‑injury care items cannot be fully bought out (s78A).\n- Privacy and evidence rules: medical reports can be used in compensation proceedings despite ordinary legal privilege rules (s110B); confidentiality offences apply to improper disclosure of information obtained under the Act (s186B).\n- Prohibition of contracting out: employers and others cannot lawfully contract out of the Act’s protections (s186A).\n\n**Selected important sections to refer to when acting on or advising about a claim**\n- Objects and scope: s2, s53, s53AA\n- Who is a worker and what is an injury: ss3B, 3A, 4, 4A–4B\n- Calculation of earnings: s49A\n- Employer duties (rehabilitation, notices): ss75A, 75B, 84–85\n- Insurance requirements: ss119–126AB, 126AA\n- Nominal Insurer: ss150–166\n- Compensation rules and limits: ss64–65, 71, 61A, 62, 73\n- Dispute resolution: ss103D, 103J, 104, 107\n- Enforcement, inspectors and penalties: ss6–7, 7G–7KD, 7M, 92\n\nMechanical summary followed by stated rationale: the Act mechanically creates a closed statutory entitlement system with specified monetary and non‑monetary benefits, backed by mandatory insurance and a government‑managed safety net (the Nominal Insurer). The Act’s objects (s2) claim fairness, prompt rehabilitation and containing employer costs; the statute advances those aims through insurance mandates, rehabilitation duties, regulated insurer behaviour and a specialised dispute resolution track — at the cost of administrative complexity, compliance obligations for employers and insurers, and significant delegated discretion to the Authority and medical panels (see s6, s72)."},"kimi_summary":{"_metrics":{"completionTokens":811},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its 1986 origins as a 'Work Health Act'. Originally focused on compensation and basic rehabilitation, it now encompasses: mandatory mediation (1998), structured settlements (2015), firefighter disease presumptions (2015), labour hire arrangements (2020), complex benefit caps and indexation (2015), and extensive transitional provisions preserving multiple historical versions. The 2020 amendments fundamentally redefined 'worker' using PAYG tax concepts, shifting from common law employment tests to a statutory definition tied to Commonwealth tax law."},"complexity_factors":["187 sections across 15 Parts with extensive cross-referencing","47+ defined terms in interpretation section (section 3) including nested definitions like 'worker', 'injury', and 'employment'","Multiple overlapping transitional provisions (Parts 9-15) applying different rules based on injury dates","Complex calculation formulas for weekly earnings (section 49A) with 6 subsections and multiple averaging methods","Nested exceptions: mental injury exclusion (s3A(2)) has 3 sub-exceptions, each with conditions","Jurisdiction determination rules (ss53AA-53AC) with 8-factor test and cascading defaults","Benefit limitation scheme (s61A) with 260-week aggregate caps and 12-month cost cut-offs","15 separate transitional Parts preserving old law for pre-commencement injuries","Strict liability offences with tiered penalties (body corporate vs natural person vs default penalties)","Mediation pre-condition (s103J) with 90-day limitation and certificate requirements","Nominal Insurer provisions (ss150-177) creating parallel liability scheme with subrogation rights"],"plain_english_summary":"This is the **Northern Territory's workers compensation and rehabilitation law** — a comprehensive scheme that replaces the old \"workmen's compensation\" system with a modern framework focused on getting injured workers back to work.\n\n**What it does:**\n- **Covers workers** who suffer physical or mental injuries \"out of or in the course of employment\" — including diseases, aggravation of pre-existing conditions, and certain travel accidents\n- **Requires employers** (except self-insurers) to hold adequate workers compensation insurance\n- **Pays compensation** for: weekly income loss, permanent impairment, medical treatment, rehabilitation costs, and death benefits for dependants\n- **Mandates rehabilitation** — employers must help injured workers find suitable work and fund reasonable retraining\n- **Establishes dispute resolution** through mandatory mediation before court proceedings\n- **Creates a \"Nominal Insurer\"** — a government-backed fund that pays claims when employers are uninsured or insurers default\n\n**Key features:**\n- **No-fault scheme** — workers generally don't need to prove employer negligence (section 52 abolishes most common law damages claims)\n- **Benefit caps** — weekly payments typically limited to 260 weeks (5 years) unless worker has 15%+ permanent impairment\n- **Firefighter presumption** — certain diseases presumed work-related for firefighters meeting exposure criteria\n- **Structured settlements** — allows lump sum agreements instead of ongoing payments (with restrictions for catastrophic injuries)\n- **Prohibition on dismissing** injured workers for 6 months after injury\n\n**Who it affects:**\n- Most employees in the NT, including labour hire workers and certain volunteers (emergency services, community work order participants)\n- Excludes: Commonwealth employees, some family members living with employer, unpaid volunteers (unless prescribed), and sporting contestants below income thresholds\n\n**Why it matters:**\nThis is the safety net for NT workers injured on the job. It balances worker protection with employer affordability, emphasising early return-to-work rather than long-term dependency. The 2024 version reflects decades of amendments tightening definitions, adding mediation, and limiting mental stress claims caused by reasonable management action."}},"importantCases":[],"_links":{"self":"/api/acts/return-to-work-act-1986","history":"/api/acts/return-to-work-act-1986/history","analysis":"/api/acts/return-to-work-act-1986/analysis","conflicts":"/api/acts/return-to-work-act-1986/conflicts","importantCases":"/api/acts/return-to-work-act-1986/important-cases","documents":"/api/acts/return-to-work-act-1986/documents"}}