{"id":"return-to-work-regulations-1986","name":"RETURN TO WORK REGULATIONS 1986","slug":"return-to-work-regulations-1986","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177143,"registerId":"nt-return-to-work-regulations-1986-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"RETURN TO WORK REGULATIONS 1986","content":"NORTHERN TERRITORY OF AUSTRALIA\nRETURN TO WORK REGULATIONS 1986\nAs in force at 1 July 2024\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3AA Prescribed adjacent areas ............................................................... 2\n3A Definition of worker .......................................................................... 2\n4 Prescribed member of family ........................................................... 3\n4A Worker of household ....................................................................... 3\n5 Prescribed amount .......................................................................... 3\n5AA Prescribed class of worker and prescribed limitation....................... 3\n5AB Prescribed diseases ........................................................................ 3\n5A Inspectors' identity cards ................................................................. 3\n5B Prescribed diseases and qualifying periods: firefighters.................. 4\n5C Prescribed number of fires and prescribed firefighting period ......... 5\n6 Prescribed amount of funeral benefit .............................................. 5\n6AA Expert financial advice..................................................................... 5\n6A Entitlement to compensation of worker residing outside\nAustralia .......................................................................................... 6\n8 Compensation for certain volunteers ............................................... 6\n11 Declarations..................................................................................... 6\n11A Catastrophic injury ........................................................................... 6\n12 Medical certificate of capacity accompanying claim ........................ 6\n13 Statement of right to commence proceedings before court ............. 7\n14 Late payment of weekly payments .................................................. 7\n14A Procedure for mediation .................................................................. 7\n15 Prescribed indemnity ....................................................................... 8\n15A Prescribed provisions for policy of indemnity or insurance .............. 8\n16 Employer's wages declarations ....................................................... 8\n17 Election to pay premium by instalment ............................................ 8\n17A Late payment of premiums .............................................................. 8\n17B Contributions to Nominal Insurer's Fund ......................................... 8\n17C Amount of contributions ................................................................... 9\n18 Service on Nominal Insurer ........................................................... 10\n19 Infringement notice offence and prescribed amount payable ........ 10\n20 When infringement notice may be given ....................................... 10\n21 Contents of infringement notice ..................................................... 10\n22 Payment by cheque ....................................................................... 11\n23 Withdrawal of infringement notice ................................................. 11\n24 Application of regulations 19 to 23 ................................................ 12\n\nReturn to Work Regulations 1986 ii\nSchedule 1 Adjacent areas\nSchedule 2 Prescribed diseases and kinds of\nemployment\nSchedule 2A Catastrophic injury\nSchedule 3 Prescribed provisions for compulsory\ninsurance\nSchedule 4 Infringement notice offences and\nprescribed amounts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nRETURN TO WORK REGULATIONS 1986\nRegulations under the Return to Work Act 1986\n1 Citation\nThese Regulations may be cited as the Return to Work\nRegulations 1986.\n2 Commencement\nThese Regulations shall come into operation on 1 January 1987.\n3 Definitions\nIn these Regulations:\ncorrectional officer, see section 4 of the Correctional Services\nAct 2014.\nfirst responder, for Schedule 2, means a person with specialised\ntraining (such as a paramedic, police officer, firefighter, correctional\nofficer or other emergency personnel), who attends the site of an\nincident and provides assistance in situations:\n(a) involving actual or potential injury to persons or damage to\nproperty; and\n(b) which may also include risk to the first responder; and\n(c) where time may be of the essence to save lives or property.\ninfringement notice, see regulation 20.\ninfringement notice offence, see regulation 19(1).\nprescribed amount, for an infringement notice offence, see\nregulation 19(2).\n\nReturn to Work Regulations 1986 2\n3AA Prescribed adjacent areas\nFor the definition jurisdiction in section 3(1) of the Act, the\nprescribed adjacent areas of States and Territories are those set\nout in Schedule 1.\n3A Definition of worker\n(1) For section 3B(17)(a) of the Act:\n(a) a member of the operations branch of St. John Ambulance\nAustralia (N.T.) Inc.; and\n(aa) a person complying with a summons served on the person in\npursuance of the Juries Act 1962 or while serving as a juror\nunder that Act; and\n(b) an individual who is authorised by a club registered under the\nRacing and Wagering Act 2024; and\n(c) a natural person who is engaged to drive a taxi, private hire\ncar, limousine or motor omnibus, within the meaning of the\nCommercial Passenger (Road) Transport Act 1991, by a\nperson who, or by a director of a body corporate that:\n(i) is accredited within the meaning of that Act or is\nexempted under section 15 of that Act; and\n(ii) is approved by the Authority for this regulation,\nwhile the person is so engaged,\nare persons prescribed as workers for the Act.\n(2) For section 3B(17)(b) of the Act:\n(a) a member of the crew of a fishing vessel who is remunerated\nwholly or mainly by a share in the profits or gross earnings\nfrom the working of the vessel; and\n(b) a person operating as a direct selling agent under an agency\nagreement approved by the Authority for this regulation; and\n(c) a person who is a carer under the Care and Protection of\nChildren Act 2007; and\n(d) a person, other than a person referred to in paragraph (c),\ncaring for reward or gain, whether monetary or otherwise, in\nthe person's place of residence of another person's child;\nare prescribed persons who are not workers for the Act.\n\nReturn to Work Regulations 1986 3\n4 Prescribed member of family\nFor section 3B(3) and (4) of the Act, a spouse, a parent (including a\nstepmother or stepfather) or grandparent, a child (including a\nstepchild) or grandchild, a brother or sister (including a half brother\nor half sister) are prescribed members of the immediate family of\nan employer.\n4A Worker of household\nFor section 3B(11) of the Act, the prescribed amount is 20% of the\nannual equivalent of average weekly earnings.\n5 Prescribed amount\nFor section 3B(15) of the Act, the prescribed amount is 65% of the\nannual equivalent of average weekly earnings.\n5AA Prescribed class of worker and prescribed limitation\nFor section 4(3) of the Act, police officers are prescribed to be a\nclass of worker, subject to the limitation that the injury occurs, in\neach case, while the worker is travelling by the shortest convenient\nroute between the worker's place of residence and the worker's\nworkplace.\n5AB Prescribed diseases\nFor section 4(6)(a) of the Act, the diseases and kinds of diseases,\nand the kinds of employment related to those diseases, are those\nprescribed and specified in Schedule 2.\n5A Inspectors' identity cards\nFor section 7B(1) of the Act, an identity card given to an inspector\nmust include the following:\n(a) a recent photograph of the inspector of the size, and in the\nform, specified by the Authority;\n(b) the inspector's signature;\n(c) the date (if any) on which the inspector's appointment ends;\n(d) any conditions to which the inspector's appointment is subject.\n\nReturn to Work Regulations 1986 4\n5B Prescribed diseases and qualifying periods: firefighters\nFor section 50A of the Act, the following diseases and qualifying\nperiods are prescribed as specified in the following table:\nItem Disease Qualifying\nperiod\n1 Primary leukaemia 5 years\n2 Primary site brain cancer 5 years\n3 Primary site breast cancer 10 years\n4 Primary site cervical cancer 10 years\n5 Primary site ovarian cancer 10 years\n6 Primary site pancreatic cancer 10 years\n7 Primary site testicular cancer 10 years\n8 Primary site thyroid cancer 10 years\n9 Primary site uterine cancer 10 years\n10 Asbestos related diseases 15 years\n11 Malignant Mesothelioma 15 years\n12 Multiple myeloma 15 years\n13 Primary non-Hodgkin's lymphoma 15 years\n14 Primary site bladder cancer 15 years\n15 Primary site colorectal cancer 15 years\n16 Primary site kidney cancer 15 years\n17 Primary site liver cancer 15 years\n18 Primary site lung cancer 15 years\n19 Primary site penile cancer 15 years\n20 Primary site prostate cancer 15 years\n21 Primary site skin cancer 15 years\n22 Primary site ureter cancer 15 years\n\nReturn to Work Regulations 1986 5\nItem Disease Qualifying\nperiod\n23 Primary site oesophageal cancer 25 years\n5C Prescribed number of fires and prescribed firefighting period\nFor paragraph (a)(ii) of the definition working as an active\nfirefighter in section 50A(3) of the Act:\n(a) the prescribed number of fires is 150; and\n(b) the prescribed firefighting period is:\n(i) 5 years, if the prescribed disease is primary site brain\ncancer or primary leukaemia; or\n(ii) 10 years for any other prescribed disease.\n6 Prescribed amount of funeral benefit\nFor section 62(1)(a)(ii) of the Act, the prescribed amount is 20% of\nthe annual equivalent of average weekly earnings.\n6AA Expert financial advice\n(1) For the definition expert financial advice in section 3(1) of the Act,\nexpert financial advice means a financial service for which a person\nis required to hold an Australian financial services licence, whether\nor not as an authorised representative or representative of a person\nwho carries on a financial services business.\n(2) In this regulation:\nAustralian financial services licence, see Chapter 7 of the\nCorporations Act 2001.\nauthorised representative, see Chapter 7 of the Corporations\nAct 2001.\nfinancial service, see Chapter 7 of the Corporations Act 2001.\nfinancial services business, see Chapter 7 of the Corporations\nAct 2001.\n\nReturn to Work Regulations 1986 6\n6A Entitlement to compensation of worker residing outside\nAustralia\nFor section 65B(2)(a) of the Act, the worker must give the\nemployer, at intervals of not less than 3 months, a declaration, in\nthe approved form, made by each of the following:\n(a) the worker;\n(b) a medical practitioner or, if the worker is living in another\ncountry, a person registered under the law of the country that\nprovides for the registration of persons practising the medical\nprofession.\n8 Compensation for certain volunteers\nFor section 66 of the Act, compensation is calculated as the\nremuneration for the person's normal weekly number of hours of\nwork for all employment of the person at the time of the injury\ncalculated at his or her ordinary time rate of pay or 50% of average\nweekly earnings, whichever is the greater amount.\n11 Declarations\nDeclarations required or permitted to be made by or under the Act\nmay be witnessed by a person who is authorised under the Oaths,\nAffidavits and Declarations Act 2010 to witness a statutory\ndeclaration.\n11A Catastrophic injury\nFor section 78A(6) of the Act, an injury mentioned in Schedule 2A\nis prescribed as a catastrophic injury.\n12 Medical certificate of capacity accompanying claim\n(1) For section 82(1)(b) of the Act, the following persons are prescribed\nfor issuing a medical certificate of capacity for a worker if, because\nof the worker's isolation, a medical practitioner is unable to issue\nsuch a certificate:\n(a) persons registered under the Health Practitioner Regulation\nNational Law to practise in the nursing profession (other than\nas students);\n(b) persons registered under the Health Practitioner Regulation\nNational Law to practise in the Aboriginal and Torres Strait\nIslander health practice profession (other than as students).\n\nReturn to Work Regulations 1986 7\n(2) For section 82(6) of the Act, a medical certificate of capacity\nreferred to in section 82(1)(b) of the Act has effect for the following\nperiod:\n(a) if it is from a medical practitioner – 14 days;\n(b) if it is from a prescribed person who has consulted about the\nmatter with a medical practitioner by radio, telephone or other\nmeans – 14 days;\n(c) if it is from a prescribed person who has not consulted about\nthe matter with a medical practitioner – 3 days.\n13 Statement of right to commence proceedings before court\nIf the employer gives the worker a statement referred to in\nsection 69(1)(b) or 85(8) of the Act, the employer must also give\nthe worker:\n(a) a copy of the statement; and\n(b) a copy of the approved information bulletin relating to the\nmediation process.\n14 Late payment of weekly payments\nFor section 89 of the Act, the prescribed rate of interest is the rate\napplicable to a judgment debt under a judgment of the Supreme\nCourt.\n14A Procedure for mediation\n(1) A mediator must keep a record of the mediation of a dispute that\nincludes:\n(a) a description of the nature of the dispute; and\n(b) the parties to the mediation; and\n(c) the outcome of the mediation.\n(2) If a mediator convenes a conference under section 103C(3)(b) of\nthe Act, the mediator:\n(a) must set the date on which, and the time and place at which,\nthe conference is to take place; and\n(b) must preside at the conference; and\n(c) may adjourn or terminate the conference at any time.\n\nReturn to Work Regulations 1986 8\n15 Prescribed indemnity\nFor paragraph (c) of the definition adequate policy of insurance\nor indemnity in section 126 of the Act, $2,000,000 is the\nprescribed amount.\n15A Prescribed provisions for policy of indemnity or insurance\nFor section 126AB(3)(b)(i) of the Act, the prescribed provisions are\nthose set out in Schedule 3.\n16 Employer's wages declarations\nFor section 130(4)(b) of the Act, a statement must be verified, if an\nemployer is:\n(a) a natural person – by the natural person; or\n(b) a partnership – by one of the partners; or\n(c) a body corporate (other than an incorporated association\nreferred to in paragraph (c)) – by a director or secretary of the\nbody corporate or its principal officer in the Territory; or\n(d) an incorporated association, within the meaning of the\nAssociations Act 2003 – by the public officer;\nmaking a statutory declaration to the effect that the estimate of\nwages and other prescribed information is true and correct.\n17 Election to pay premium by instalment\nFor section 131 of the Act, where an employer and insurer do not\nagree on the manner of election to pay premiums by instalments,\nthe employer may elect by serving a notice in writing on the insurer\nnot later than 21 days before the first instalment is payable under\nthat section.\n17A Late payment of premiums\nFor section 131(3) of the Act, the prescribed rate of interest is the\nrate applicable to a judgment debt under a judgment of the\nSupreme Court.\n17B Contributions to Nominal Insurer's Fund\n(1) The Nominal Insurer may recommend a total amount to be\ncontributed to the Nominal Insurer's Fund under section 164A of\nthe Act by approved insurers and self-insurers during the financial\nyear.\n\nReturn to Work Regulations 1986 9\n(2) In determining the total amount mentioned in subregulation (1), the\nNominal Insurer is to have regard to the amount standing to the\ncredit of the Fund at the beginning of that year including:\n(a) amounts set aside in earlier years as provision to meet\nexpenditure in later years; and\n(b) the amount estimated to be received into the Fund during the\nyear other than from approved insurers and self-insurers\nunder section 164A of the Act.\n17C Amount of contributions\n(1) For section 164A of the Act, the contribution amount for each\napproved insurer and self-insurer is equal to a percentage\ndetermined by the Nominal Insurer in accordance with\nsubregulation (2), as approved by the Minister under\nsection 164(1)(e) of the Act, of:\n(a) for an approved insurer – the premium income (whether\nreceived by or owing to the insurer) of the approved insurer in\nrespect of policies of insurance or indemnity effected with the\napproved insurer by employers in the preceding financial year\nin compliance with section 126AA(1) of the Act; and\n(b) for a self-insurer – the premium that would have been payable\nby the self-insurer if the self-insurer had obtained, in respect\nof that year, or the part of that year during which the self-\ninsurer was a self-insurer, an adequate policy of insurance or\nindemnity.\n(2) The percentage determined by the Nominal Insurer for\nsubregulation (1) is to be:\n(a) sufficient, in the opinion of the Nominal Insurer, to provide the\ntotal amount to be contributed to the Fund by approved\ninsurers and self-insurers during the financial year as\ndetermined in accordance with section 164(1)(d) of the Act;\nand\n(b) uniform for all approved insurers and self-insurers.\n\nReturn to Work Regulations 1986 10\n18 Service on Nominal Insurer\nAnything required or permitted by the Act to be served on the\nNominal Insurer may be served:\n(a) by clearly marking it for the attention of the Nominal Insurer\nand leaving it, during normal business hours, at the Darwin\noffice of the Authority with a person who has apparently\nattained the age of 16 years and is employed at that office; or\n(b) by properly addressing and posting it by prepaid post to the\nNominal Insurer, G.P.O. Box 2056, Darwin, N.T. 0800.\n19 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 4.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in Schedule 4.\n20 When infringement notice may be given\nIf an inspector reasonably believes a person has committed an\ninfringement notice offence, the inspector may give a notice (an\ninfringement notice) to the person.\n21 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and\nPenalties (Recovery) Act 2001, to which the prescribed\namount is payable.\n\nReturn to Work Regulations 1986 11\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with\nby a court instead of under that Act by completing a statement\nof election and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n22 Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n23 Withdrawal of infringement notice\n(1) The Authority may withdraw the infringement notice by written\nnotice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n\nReturn to Work Regulations 1986 12\n(b) before payment of the prescribed amount.\n24 Application of regulations 19 to 23\n(1) Regulations 19 to 23 do not prejudice or affect the start or\ncontinuation of proceedings for an infringement notice offence for\nwhich an infringement notice has been given unless the offence is\nexpiated.\n(2) Also, those regulations do not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for\nan offence for which an infringement notice has not been\ngiven; or\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n\nSchedule 1 Adjacent areas\nReturn to Work Regulations 1986 13\nSchedule 1 Adjacent areas\nregulation 3AA\n1 Definitions\nIn this Schedule:\ncontinental shelf, see the Seas and Submerged Lands\nAct 1973 (Cth).\nterritorial sea, see the Seas and Submerged Lands\nAct 1973 (Cth).\n2 Adjacent areas\n(1) The adjacent area for New South Wales, Victoria, South Australia\nor Tasmania is so much of the scheduled area described in\nSchedule 1 to the Offshore Petroleum and Greenhouse Gas\nStorage Act 2006 (Cth) in relation to that State as is within the outer\nlimits of the continental shelf and includes the space above and\nbelow that area.\n(2) The adjacent area for Queensland is:\n(a) so much of the scheduled area described in Schedule 1 to the\nOffshore Petroleum and Greenhouse Gas Storage Act 2006\n(Cth) in relation to Queensland as is within the outer limits of\nthe continental shelf; and\n(b) the Coral Sea area (within the meaning of section 7(2) of the\nOffshore Petroleum and Greenhouse Gas Storage Act 2006\n(Cth)) other than the territorial sea within the Coral Sea area;\nand\n(c) the areas within the outer limits of the territorial sea adjacent\nto certain islands of Queensland as determined by\nproclamation on 9 February 1983 under section 7 of the Seas\nand Submerged Lands Act 1973 (Cth); and\n(d) the space above and below the areas described in\nparagraphs (a), (b) and (c).\n(3) The adjacent area for Western Australia is:\n(a) so much of the scheduled area for Western Australia\ndescribed in Schedule 1 to the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006 (Cth) as is within the outer\nlimits of the continental shelf; and\n\nSchedule 1 Adjacent areas\nReturn to Work Regulations 1986 14\n(b) the space above and below the area described in\nparagraph (a).\n(4) The adjacent area for the Northern Territory is:\n(a) so much of the scheduled area for the Northern Territory\ndescribed in Schedule 1 to the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006 (Cth) as is within the outer\nlimits of the continental shelf; and\n(b) the offshore area for the Territory of Ashmore and Cartier\nIslands (within the meaning of section 8(1) of the Offshore\nPetroleum and Greenhouse Gas Storage Act 2006 (Cth))\nother than the territorial sea within that area; and\n(c) the space above and below the areas described in\nparagraphs (a) and (b).\n(5) However, the adjacent area for a State or Territory does not include\nany area inside the limits of any State or Territory.\n\nSchedule 2 Prescribed diseases and kinds of employment\nReturn to Work Regulations 1986 15\nSchedule 2 Prescribed diseases and kinds of employment\nregulation 5AB\nDiseases and kinds of Diseases Kinds of Employment\nINFECTIOUS DISEASE\n1. Anthrax All work involving animals or animal\ncarcasses (such as animal handler, pelt\nhandler, abattoir worker, meat\ninspector).\n2. Brucellosis All work involving animals or animal\ncarcasses (such as veterinarian, farmer\nor farm worker, abattoir worker,\nlaboratory worker).\n3. Hepatitis A All work involving contact with human\nwaste (such as child care workers,\ncarers of intellectually disabled persons,\nworkers in rural or remote indigenous\ncommunities, sewage workers,\nplumbers).\n4. Hepatitis B and C All work involving contact with human\nbodily secretions (such as health care\nworker, embalmer, person who handles\nbody substances, clinical laboratory\nstaff, worker in long-term correctional\nfacilities, police, member of the armed\nforces, emergency services worker).\n5. HIV/AIDS Health care workers and laboratory\nworkers who become HIV positive after a\nneedle stick injury.\n6. Leptospirosis All work involving animals or animal\ncarcasses (such as farmer or farm\nworker, abattoir worker, forestry worker,\nhunter, veterinarian, livestock transport\noperator) or work with animal or human\nwaste (such as plumber).\n7. Orf All work involving sheep or sheep\ncarcasses (such as sheep farmer or\nfarm worker, goat farmer or farm worker,\nabattoir worker, meat inspector).\n\nSchedule 2 Prescribed diseases and kinds of employment\nReturn to Work Regulations 1986 16\n8. Q-fever All work involving contact with animals or\nanimal parts in a rural setting (such as\nabattoir workers, stock workers, stock\ntransporters, shearers, hide processors,\nfarmers, veterinarians).\n9. Tuberculosis All work involving contact with persons or\nanimals in situations where tuberculosis\nprevalence is likely to be significantly\nhigher than the general community (such\nas health worker, clinical laboratory\nworker, funeral parlour staff, farmer,\nveterinarian), or person with silicosis.\nMENTAL HEALTH DISEASE\n9A. Post-traumatic stress\ndisorder\nAll work as a first responder, including as\na volunteer, but not including a person\ntrained as a first responder who has not\nattended in person at an emergency\nsituation or incident.\nMALIGNANCY\n10. Salivary gland All work involving ionizing radiation.\n11. Nasopharynx All work involving formaldehyde, wood\ndust.\n12. Oesophagus All work involving ionizing radiation.\n13. Stomach All work involving ionizing radiation.\n14. Colon and rectum All work involving ionizing radiation.\n15. Liver All work involving vinyl chloride\nmonomer, Hepatitis B virus or Hepatitis\nC virus exposure related to occupation.\n16. Nasal cavity and para-nasal\nsinuses\nAll work involving ionizing radiation,\nleather dust, nickel, wood dust.\n17. Larynx All work involving strong inorganic acid\nmist, asbestos.\n18. Lung All work involving arsenic, asbestos,\nberyllium, bis(chloromethyl)ether,\ncadmium, chromium VI, diesel engine\nexhaust, environmental tobacco smoke,\n\nSchedule 2 Prescribed diseases and kinds of employment\nReturn to Work Regulations 1986 17\nionizing radiation, nickel, polycyclic\naromatic hydrocarbons, Radon-222 and\nits decay products, silica dust\n(crystalline), soot (chimney sweeping).\n19. Bone All work involving ionizing radiation.\n20. Skin (melanoma) All work involving solar radiation,\npolychlorinated biphenyls.\n21. Skin (non-melanoma) All work involving ionizing radiation,\npolycyclic aromatic hydrocarbons, solar\nradiation.\n22. Mesothelioma All work involving asbestos.\n23. Breast (female) All work involving ionizing radiation.\n24. Ovary All work involving asbestos.\n25. Kidney All work involving ionizing radiation,\ntricholoroethylene.\n26. Bladder All work involving 2-naphthylamine,\nbenzidine, cyclophosphamide, ionizing\nradiation, ortho-toluidine, polycyclic\naromatic hydrocarbons associated with\naluminium production.\n27. Brain All work involving ionizing radiation.\n28. Thyroid All work involving ionizing radiation.\n29. Leukaemia (excluding\nchronic lymphatic\nleukaemia)\nAll work involving benzene, butadiene,\ncyclophosphamide, formaldehyde,\nhepatitis C virus exposure related to\noccupation, ionizing radiation.\n30. Non-Hodgkin's Lymphoma All work involving ionizing radiation.\nDISEASES OF THE NERVOUS SYSTEM\n31. Parkinson's disease All work involving manganese.\n32. Peripheral neuropathy All work involving metals (such as lead,\nmercury and arsenic), organic solvents\n(such as n-hexane, carbon disulphide\nand trichloroethylene), pesticides (such\nas organophosphates), acrylamide.\n\nSchedule 2 Prescribed diseases and kinds of employment\nReturn to Work Regulations 1986 18\n33. Noise induced hearing loss All work involving exposure to persistent\nor intermittent noise above 85dB(A).\nRESPIRATORY DISEASES\n34. Occupational asthma\n(excluding pre-existing\nasthma worsened due to\nexposure to workplace\nirritants)\nAll work involving sensitising agents or\nirritants.\n35. Coal workers'\npneumoconiosis\nAll work involving coal.\n36. Asbestosis All work involving asbestos.\n37. Silicosis All work involving silica.\n38. Other pneumoconiosis All work involving exposures known to\noccasionally cause pneumoconiosis\nsuch as beryllium, tin, iron oxide, barium,\naluminium, cobalt, tungsten.\n39. Byssinosis All work involving cotton, flax, hemp,\nsisal dust.\n40. Extrinsic allergic alveolitis All work involving damp material of\nbiological origin, such as mouldy hay,\nstraw, grain and feathers.\nHEPATIC DISEASES\n41. Non-infectious hepatitis All work involving agents known to cause\nhepatitis (particularly organic solvents).\n42. Chronic active hepatitis All work involving contact with human\nbodily secretions (such as health care\nworker, embalmer, person who handles\nbody substances, clinical laboratory\nstaff, worker in long-term correctional\nfacilities, police, member of the armed\nforces, emergency services worker) – for\na person with known Hepatitis B Virus\n(HBV) or Hepatitis C Virus (HCV), where\nthe HBV or HCV was contracted through\nemployment in such work.\n\nSchedule 2 Prescribed diseases and kinds of employment\nReturn to Work Regulations 1986 19\n43. Hepatic cirrhosis All work involving contact with human\nbodily secretions (such as health care\nworker, embalmer, person who handles\nbody substances, clinical laboratory\nstaff, worker in long-term correctional\nfacilities, police, member of the armed\nforces, emergency services worker) – for\na person with known HBV or HCV,\nwhere the HBV or HCV was contracted\nthrough employment in such work.\nSKIN DISEASES\n44. Contact dermatitis (irritant\nand allergic)\nAll work involving sensitising agents or\nirritants.\n45. Occupational vitiligo All work involving para-tertiary-\nbutylphenol, para-tertiary-butylcatechol,\npara-amylphenol, hydroquinone, or the\nmonobenzyl or monobutyl ether of\nhydroquinone.\nMUSCULOSKELETAL DISEASES\n46. Raynaud's disease All work involving vibration from powered\ntools and equipment.\n47. Bursitis (at the elbow or\nknee)\nAll work involving prolonged external\nfriction or pressure or repetitive motion at\nor about the elbow or the knee.\nACUTE POISONING/TOXICITY\n48. Acute poisoning / toxicity\n(includes acute damage to\nthe heart, lungs, liver,\nkidney, nervous system and\nblood)\nAll work involving acrylonitrile, alcohols,\nantimony, arsenic, benzene, beryllium,\ncadmium, carbon disulphide, chromium,\ncopper, fluorine, glycols, hexane,\nketones, lead, manganese, mercury,\nmineral acids, nitroglycerine or other\nnitric acid esters, osmium, oxides of\nnitrogen, ozone, pesticides consisting of\norganophosphate and organochlorine\ncompounds, herbicides and related\ncompounds, pharmaceutical agents,\nphosgene, phosphorus, selenium,\nstyrene, thallium, tin, toluene, vanadium,\nzinc, chemical asphyxiants (such as\ncarbon monoxide, hydrogen cyanide,\nhydrogen sulphide, methylene chloride),\n\nSchedule 2 Prescribed diseases and kinds of employment\nReturn to Work Regulations 1986 20\nbenzoquinone and other corneal irritants,\ntoxic halogen derivatives of aliphatic or\naromatic hydrocarbons, toxic nitro- and\namino-derivatives of benzene, and other\nless common, specific substances\nknown to result in poisoning/toxicity that\nhave not been named here.\n\nSchedule 2A Catastrophic injury\nReturn to Work Regulations 1986 21\nSchedule 2A Catastrophic injury\nregulation 11A\nDivision 1 Preliminary\n1 Definition\nIn this Schedule:\nFIM(TM) instrument means the Guide for the Uniform Data Set for\nMedical Rehabilitation, 1996.\nDivision 2 Prescribed injuries\n2 Spinal cord injury\n(1) The eligibility criteria for a permanent spinal cord injury resulting in\na permanent neurological deficit suffered by a person are:\n(a) the permanent neurological deficit is classified as grade A, B,\nC or D on the ASIA impairment scale, as assessed under the\nISNCSCI; and\n(b) the injury has resulted in a residual significant impact on the\nfunction of the autonomic nervous system, evidenced by a\nscore of 0 for an item relating to bladder, bowel or sexual\nfunction, as assessed under the ISAFSCI.\n(2) In this clause:\nASIA impairment scale means the scale, known as the American\nSpinal Injury Association Impairment Scale, used for measuring\nimpairment resulting from a spinal cord injury and published by the\nAmerican Spinal Injury Association.\nISAFSCI means the document called \"International standards to\ndocument remaining autonomic function after spinal cord injury\",\npublished by the American Spinal Injury Association.\nISNCSCI means the document called \"International Standards for\nNeurological Classification of Spinal Cord Injury\", published by the\nAmerican Spinal Injury Association.\n\nSchedule 2A Catastrophic injury\nReturn to Work Regulations 1986 22\n3 Traumatic brain injury\n(1) The eligibility criteria for a traumatic brain injury resulting in a\npermanent impairment suffered by a person are:\n(a) any or all of the following apply:\n(i) the injury results in post-traumatic amnesia lasting\n7 days or more as evidenced by an assessment using\nan approved scale;\n(ii) the person is or was in a coma, other than an induced\ncoma, as determined in accordance with the Glasgow\ncoma scale, for 1 hour or more as a result of the injury;\n(iii) brain imaging shows a significant brain abnormality as a\nresult of the injury; and\n(b) the person's functional ability as a result of the injury is\nassessed as 5 or less for a motor or cognitive item using the\nFIM(TM) instrument.\n(2) In this clause:\napproved scale, for assessing post-traumatic amnesia, means:\n(a) the clinical tool, known as the Westmead Post-traumatic\nAmnesia Scale, used to assess the period a person suffers\npost-traumatic amnesia; or\n(b) a clinically accepted scale similar to the Westmead Post-\nTraumatic Amnesia Scale approved by the Agency for this\ndefinition.\nGlasgow coma scale means the scale, known as the Glasgow\ncoma scale, used for assessing the level of consciousness of a\nperson following a traumatic brain injury, using eye, verbal and\nmotor responses.\n4 Amputation of a leg through or above the femur\n(1) The eligibility criterion for the amputation of a leg through or above\nthe femur is that the amputation involves the loss of 65% or more\nof the length of the femur.\n\nSchedule 2A Catastrophic injury\nReturn to Work Regulations 1986 23\n(2) For subclause (1), the percentage of the length of the femur lost\nmust be worked out by:\n(a) comparing the length of the femur before and after the\namputation using X-rays taken before and after the\namputation; or\n(b) if X-rays of the femur are not available – comparing the length\nof the femur of the amputated leg with the length of the\ncontralateral femur.\n(3) To avoid doubt, the eligibility criterion in subclause (1) may be\nsatisfied even if the person suffers from a personal injury that is the\namputation of more than one limb or parts of different limbs.\n5 Amputation of more than one limb or parts of different limbs\n(1) The eligibility criteria for the amputation of more than one limb or\nparts of different limbs are:\n(a) the amputations involve the loss of 50% or more of the length\nof each of the person's tibias; or\n(b) both of the person's upper limbs are amputated at or above\nthe first metacarpophalangeal joint of the thumb and index\nfinger of each hand; or\n(c) the amputations involve:\n(i) the loss of 50% or more of the length of one of the\nperson's tibias; and\n(ii) one of the person's upper limbs being amputated at or\nabove the first metacarpophalangeal joint of the thumb\nand index finger of the same hand.\n(2) For subclause (1), the percentage of the length of the tibia lost\nmust be worked out by:\n(a) comparing the length of the tibia before and after the\namputation using X-rays taken before and after the\namputation; or\n(b) if X-rays of the tibia are not available – comparing the length\nof the tibia of the amputated leg with the length of the\ncontralateral tibia; or\n(c) if the length of the contralateral tibia cannot be determined –\nusing the estimated knee height based on overall height\nbefore the amputation.\n\nSchedule 2A Catastrophic injury\nReturn to Work Regulations 1986 24\n6 Full thickness burn to all or part of the body\nThe eligibility criteria for a full thickness burn to all or part of the\nbody are:\n(a) the full thickness burn is to:\n(i) more than 40% of the total body surface area; or\n(ii) both hands; or\n(iii) the face; or\n(iv) the genital area; and\n(b) the person's functional ability as a result of the injury is\nassessed as 5 or less for a motor or cognitive item using the\nFIM(TM) instrument.\n7 Inhalation burn resulting in permanent respiratory impairment\nThe eligibility criterion for an inhalation burn resulting in a\npermanent respiratory impairment is if the injured person's\nfunctional ability as a result of the injury is assessed as 5 or less for\na motor or cognitive item using the FIM(TM) instrument.\n8 Permanent blindness caused by trauma\n(1) The eligibility criterion for permanent blindness caused by trauma is\nthat the injured person has a visual defect, or a combination of\nvisual defects, that result in visual loss that is, or is equivalent to:\n(a) visual acuity of less than 6/60 in both eyes, assessed using\nthe Snellen scale after correction by suitable lenses; or\n(b) the constriction of the person's field of vision to 10 degrees or\nless of the arc around central fixation in the person's better\neye, regardless of corrected visual acuity (equivalent to 1/100\nwhite test object).\n(2) In this clause:\nSnellen scale means the scale for measuring visual acuity using\nrows of letters printed in decreasing sizes.\n\nSchedule 3 Prescribed provisions for compulsory insurance\nReturn to Work Regulations 1986 25\nSchedule 3 Prescribed provisions for compulsory\ninsurance\nregulation 15A\nThe Return to Work Act 1986 (the Act) requires that every\nemployer obtain a Policy of Insurance or Indemnity from an insurer\napproved by the Work Health Authority (the Authority). The cover\nmust be for the full amount of the employer's liability under the Act\nand not less than $2 000 000 in respect of the employer's liability\nindependently of the Act for an injury to one of the employer's\nworkers.\nThe ……………………………….. (the Insurer) is an insurer\napproved by the Authority.\nThe Insured (the Employer) described in the Schedule to this\nPolicy is carrying on business in the Northern Territory. The\nEmployer has made a written proposal and declaration to the\nInsurer. That proposal and declaration contain the particulars and\nstatements which the Employer and Insurer agree are the basis of\nthis Policy and form part of this Policy.\nThis Policy covers only the business or occupation described in the\nSchedule unless details of another business or occupation have\nbeen supplied to the Insurer and the Insurer has confirmed its\nacceptance of the extension of the Policy by endorsing the\nSchedule accordingly.\nThe premium that the Employer must pay the Insurer and the policy\nperiod are set out in the Schedule. The premium is subject to\nadjustment as set out in the Conditions below.\nIf the Employer is liable during the policy period to pay\ncompensation to or in respect of one of the Employer's workers (or\na person who is deemed by the Act to be one of the Employer's\nworkers) for an injury to the worker in his or her employ, the Insurer\nwill indemnify the Employer for:\n(a) the full amount of the Employer's liability under the Act; and\n(b) the full amount of the Employer's liability independently of the\nAct up to $2 000 000; and\n(c) any costs and expenses incurred with the Insurer's written\nconsent in connection with the defence of legal proceedings\nin which that liability is alleged.\n\nSchedule 3 Prescribed provisions for compulsory insurance\nReturn to Work Regulations 1986 26\nThe Employer's right to indemnity is subject to:\n(a) the provisions of the Act and its subordinate Rules and\nRegulations, all of which are deemed to form part of the\nPolicy; and\n(b) the fulfilment by the Employer of the Conditions set out\nbelow.\nConditions\n1 Notices\nEvery notice or communication to be given or made under this\nPolicy must be delivered in writing at the office of the Insurer from\nwhich the Policy was issued.\n2 Claims\nThe Employer must give notice to the Insurer of any injury to\nwhich the policy relates as soon as the Employer (or the\nEmployer's representative) receives information about the\nhappening of an injury or about any incapacity arising from an\ninjury. The Employer must also immediately send to the Insurer\nevery written notice of claim, conferences or proceedings and all\ninformation about any verbal notice of claim, conferences or\nproceedings.\n3 Employer not to make admissions\nThe Employer must not, without the written authority of the\nInsurer, incur any litigation expense, or make any payment,\nsettlement or admission of liability, in respect of an injury to or\nclaim made by a worker.\n4 Defence of proceedings\nThe Insurer is entitled to use the name of the Employer in\nrespect of anything indemnified under this Policy, including the\nbringing, defending, enforcing or settling of legal proceedings for\nthe benefit of the Insurer. The Employer must give all\ninformation and assistance, and forward all documents, to enable\nthe Insurer to settle or resist a claim as the Insurer thinks fit.\n5 Subrogation\nThe Insurer is entitled to use the name of the Employer in\nproceedings to enforce, for the benefit of the Insurer, an order\nfor costs or other remedy. The Insurer is entitled to be\nsubrogated to all rights that the Employer may have against any\n\nSchedule 3 Prescribed provisions for compulsory insurance\nReturn to Work Regulations 1986 27\npersons who may be responsible in relation to a claim for an\ninjury covered by the Policy. The Employer must execute all\nnecessary documents for the purpose of vesting such rights in the\nInsurer.\n6 Precautions\nThe Employer must take all reasonable precautions to prevent\ninjuries.\n7 Injury\nIf a worker is injured in connection with ways, works, machinery\nor plant, then so far as practicable, no alteration or repair may be\nmade without the consent of the Insurer until the Insurer has had\nan opportunity of examining them.\n8 Inspection\nThe Insurer has the right and opportunity at all reasonable times\nto inspect the works, machinery, plant and appliances used in the\nEmployer's business.\n9 Premium\nPremiums will be regulated by the amount of wages, salaries and\nall other forms of remuneration paid or allowed to workers during\neach policy period.\n10 Wages books must be kept\nThe name and earnings of every worker employed by the\nEmployer must be entered regularly in a proper wages book so that\na record exists of the Employer's workers.\n11 Adjustment of premium\nThe Employer must at all times allow a person authorised by the\nInsurer to inspect the wages book. Within 28 days after the end of\na policy period, the Employer must also supply the Insurer with a\ncorrect account of all wages, salaries and other forms of\nremuneration paid or allowed during that policy period. If the\ntotal amount differs from the amount on which premium has\nbeen paid, the difference in premium will be met by either\nfurther payment to the Insurer or a refund by the Insurer, subject\nto the Insurer's retention of the minimum premium as stated in the\nproposal.\n\nSchedule 3 Prescribed provisions for compulsory insurance\nReturn to Work Regulations 1986 28\n12 Assignment\nNo assignment of interest under this Policy will bind the Insurer\nunless the written consent of the Insurer is endorsed on the Policy.\n13 Cancellation of Policy\nThe Insurer may, at the request of the Employer, cancel the Policy\nby giving written notice to the Employer if the Insurer is satisfied\nthat the Employer does not require this Policy for any of the\nfollowing circumstances:\n(a) the Employer is no longer employing a worker as defined by\nthe Act;\n(b) there are no Territory workers required to be covered by the\nAct;\n(c) the employer has another Policy with an Approved Insurer\ncovering the same liability.\nThe notice of cancellation must be posted to the Employer and\ncancellation will be effective from the date of the request of the\ncancellation or the date specified for cancellation (if that date is a\nlater date) or the date from which another Policy with an Approved\nInsurer is incepted; whichever occurs first.\nIn any other circumstance cancellation will not be effective unless\nprior consent of the Authority is obtained.\nDespite the cancellation of the Policy, the Employer must give\nthe Insurer a statement of wages showing the amount paid up to\nthe time of cancellation . The premium for the period of insurance\nprior to the cancellation will be adjusted on a pro rata basis in\nthe manner set out in condition 11 of this Policy.\n14 No waiver of conditions\nA condition or provision of this Policy cannot be waived or\naltered except with the prior consent of the Insurer as endorsed\non the Policy. Notice to an agent, or knowledge of an agent or\nany other person, will not be taken to effect a waiver or alteration\nof a condition in this policy.\n\nSchedule 4 Infringement notice offences and prescribed amounts\nReturn to Work Regulations 1986 29\nSchedule 4 Infringement notice offences and prescribed\namounts\nregulation 19\nProvision Prescribed\namount\nin penalty units\n(individual)\nPrescribed\namount\nin penalty units\n(body corporate)\nReturn to Work Act 1986\nsection 7KD(1) 3 15\nsection 75A(4) 4 20\nsection 103H(1) or (2) 2 10\nsection 126AA(1) 4 20\nsection 130(2) 1 5\n\nENDNOTES\nReturn to Work Regulations 1986 30\nENDNOTES\n1 KEY Key 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 Regulations (SL No. 49, 1986)\nNotified 23 December 1986\nCommenced 1 January 1987 (r 2)\nAmendments of the Work Health Regulations (SL No. 48, 1987)\nNotified 23 December 1987\nCommenced 23 December 1987\nAmendments of Work Health Regulations (SL No. 5, 1989)\nNotified 1 March 1989\nCommenced 1 March 1989\nAmendment of Work Health Regulations (SL No. 56, 1990)\nNotified 21 December 1990\nCommenced 21 December 1990\nAmendments of Work Health Regulations (SL No. 25, 1991)\nNotified 12 June 1991\nCommenced 12 June 1991\nAmendment of Work Health Regulations (SL No. 77, 1991)\nNotified 20 December 1991\nCommenced 20 December 1991\nAmendments of Work Health Regulations (SL No. 32, 1992)\nNotified 8 July 1992\nCommenced 8 July 1992\nAmendment of Work Health Regulations (SL No. 22, 1993)\nNotified 11 August 1993\nCommenced 11 August 1993\n\nENDNOTES\nReturn to Work Regulations 1986 31\nAmendments of Work Health Regulations (SL No. 50, 1993)\nNotified 22 December 1993\nCommenced 22 December 1993\nAmendments of Work Health Regulations (SL No. 11, 1996)\nNotified 13 March 1996\nCommenced 13 March 1996\nAmendment of Work Health Regulations (SL No. 38, 1996)\nNotified 7 August 1996\nCommenced 7 August 1996\nAmendment of Work Health Regulations (SL No. 29, 1997)\nNotified 12 November 1997\nCommenced 12 November 1997\nAmendments of Work Health Regulations (SL No. 4, 1999)\nNotified 10 March 1999\nCommenced 10 March 1999\nAmendments of Work Health Regulations (SL No. 39, 2000)\nNotified 30 June 2000\nCommenced 30 June 2000\nCommercial Passenger (Road) Transport (Consequential Amendments) Act 2003 (Act\nNo. 41, 2003)\nAssent date 7 July 2003\nCommenced 1 August 2003 (Gaz G30, 30 July 2003, p 2)\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\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)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nWork Health Amendment (Medical Certificates) Regulations 2005 (SL No. 31, 2005)\nNotified 21 September 2005\nCommenced 21 September 2005\nWork Health Amendment Regulations 2007 (SL No. 19, 2007)\nNotified 1 August 2007\nCommenced 1 August 2007\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)\n\nENDNOTES\nReturn to Work Regulations 1986 32\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)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nWork Health and Safety (National Uniform Legislation) Consequential Amendments\nRegulations (SL No. 60, 2011)\nNotified 30 December 2011\nCommenced 1 January 2012 (r 2)\nWorkers Rehabilitation and Compensation Amendment Act 2012 (Act No. 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)\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)\nReturn to Work Amendment Regulations 2016 (SL No. 26, 2016)\nNotified 1 July 2016\nCommenced 1 July 2016\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)\n\nENDNOTES\nReturn to Work Regulations 1986 33\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nRacing and Wagering Act 2024 (Act No. 8, 2024)\nAssent date 9 April 2024\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 1)\nReturn to Work Amendment Regulations 2024 (SL No. 9, 2024)\nDate made 11 June 2024\nCommenced 12 June 2024 (r 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 89 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: rr 1, 3A, 11, 16 and 21 and sch 3\nand 4.\n5 LIST OF AMENDMENTS\nr 1 amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 25\nr 3 rep No. 4, 1999, r 2\nins Act No. 25, 2015,s 51\namd Act No. 21, 2020, s 24; No. 9, 2024, r 4\nr 3AA ins Act No. 25, 2015,s 51\nr 3A ins No. 48, 1987, r 1\namd No. 5, 1989, r 1; No. 25, 1991, r 1\nsub No. 77, 1991\namd No. 32, 1992, r 1; No. 38, 1996; No. 29, 1997; No. 4, 1999, r 3; No. 39,\n2000, r 1; Act No. 41, 2003, s 6; No. 19, 2007, r 3; Act No. 25, 2009, s 11; Act\nNo. 16, 2012, s 13; Act No. 25, 2015,s 52; Act No. 21, 2020, s 25; Act No. 8,\n2024, s 330\nr 4 sub No. 25, 1991, r 2\namd Act No. 16, 2012, s 17; Act No. 21, 2020, s 26\nr 4A ins No. 25, 1991, r 2; No. 39, 2000, r 2\nrep No. 32, 1992, r 2\namd Act No. 1, 2004, s 63; Act No. 16, 2012, s 17\nsub Act No. 21, 2020, s 27\nr 5 rep No. 32, 1992, r 2\nins No. 50, 1993, r 2\namd No. 4, 1999, r 4; Act No. 16, 2012, s 17; Act No. 21, 2020, s 28\nrr 5AA – 5AB ins Act No. 25, 2015,s 53\nr 5A ins No. 60, 2011, r 22\nr 5B ins Act No. 9, 2015, s 26\namd Act No. 21, 2020, s 29; No. 9, 2024, r 5\nr 5C ins Act No. 9, 2015, s 26\n\nENDNOTES\nReturn to Work Regulations 1986 34\nr 6 amd No. 48, 1987, r 2; Act No. 44, 2003, s 6; Act No. 16, 2012, s 17; Act\nNo. 9, 2015, s 27\nr 6AA ins Act No. 9, 2015, s 28\namd Act No. 25, 2015,s 54\nr 6A ins Act No. 16, 2012, s 14\nr 7 amd No. 48, 1987, r 3; No. 5, 1989, r 2; No. 56, 1990, r 1\nrep No. 32, 1992, r 2\nr 8 amd No. 4, 1999, r 5; Act No. 16, 2012, s 17\nr 9 amd No. 22, 1993; No. 50, 1993, r 3; Act No. 16, 2012, s 17\nrep Act No. 9, 2015, s 29\nr 10 amd No. 48, 1987, r 4\nrep No. 4, 1999, r 6\nr 11 sub No. 50, 1993, r 4\namd Act No. 40, 2010, s 202\nr 11A ins Act No. 21, 2020, s 30\nr 12 amd No. 4, 1999, r 7\nsub No. 31, 2005, r 3\namd Act No. 18, 2010, s 89; Act No. 17, 2012, s 55; Act No. 9, 2015, s 30; Act\nNo. 28, 2018,s 25; Act No. 21, 2020, s 35\nr 13 amd No. 50, 1993, r 5; No. 11, 1996, r 1\nsub No. 4, 1999, r 8\nr 14 sub Act No. 16, 2012, s 15\nr 14A ins No. 50, 1993, r 6\nsub No. 4, 1999, r 9\namd Act No. 16, 2012, s 17\nr 14B ins No. 50, 1993, r 6\nrep No. 4, 1999, r 9\nr 15 amd Act No. 16, 2012, s 17\nsub Act No. 25, 2015,s 55\nr 15A ins Act No. 25, 2015,s 55\nr 16 amd No. 4, 1999, r 10; Act No. 18, 2004, s 3; Act No. 16, 2012, s 17\nr 17 amd Act No. 16, 2012, s 17\nr 17A ins No. 48, 1987, r 5\nsub Act No. 16, 2012, s 16\nrr 17B – 17C ins Act No. 21, 2020, s 31\nr 18 amd Act No. 21, 2020, s 32\nrr 19 – 24 amd Act No. 25, 2015,s 56\nsch amd No. 48, 1987, r 6; No. 5, 1989, r 3; No. 56, 1990, r 2; No. 32, 1992, r 2;\nNo. 50, 1993, r 7; No. 11, 1996, r 2\nrep No. 4, 1999, r 11\nsch 1 ins Act No. 25, 2015, s 56\namd Act No. 21, 2022, s 13\nsch 2 ins Act No. 25, 2015, s 56\nsub No. 26, 2016, r 3\namd Act No. 21, 2020, s 33\nsch 2A ins Act No. 21, 2020, s 34\nsch 3 ins Act No. 25, 2015, s 56\nsub Act No. 21, 2020, s 34\nsch 4 ins Act No. 25, 2015, s 56","sortOrder":0}],"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Regulations have grown beyond a simple administrative rule-set into a detailed, substantive body that expands coverage rules, creates medical presumptions, and prescribes technical clinical tests. Compared with an original administrative purpose in 1986, later amendments have added: (a) comprehensive disease presumptions and specified employments (reg 5AB and Schedule 2); (b) firefighter-specific presumptions and qualifying periods (regs 5B–5C); (c) a technical Schedule of catastrophic injuries with clinical scales and objective tests (reg 11A and Schedule 2A); (d) specific classes of persons prescribed as workers or not workers (reg 3A); (e) a detailed compulsory-insurance policy template and insurer obligations (reg 15A and Schedule 3); and (f) an infringement notice framework with designated offences and monetary amounts (rr 19–24 and Schedule 4). Those additions broaden the Regulations from procedural detail to substantive rule-making that materially affects entitlements, insurer liabilities and employer obligations."},"complexity_factors":["4 Schedules with substantive content (Schedules 1–4) including a long diseases list (Schedule 2) and an insurance policy template (Schedule 3)","Schedule 2 lists approximately 48 distinct disease entries with specified kinds of employment (many condition-specific pairings)","Schedule 2A (catastrophic injury) contains multiple injury types with technical medical eligibility criteria referencing external clinical scales (ASIA, ISNCSCI, ISAFSCI, Glasgow coma scale, FIM instrument)","Multiple conditional rules and numerical thresholds (e.g. prescribed percentages for benefits: regs 4A, 5, 6; qualifying periods and fire counts for firefighters: regs 5B–5C)","Numerous cross-references to other statutes and instruments (Offshore Petroleum and Greenhouse Gas Storage Act, Corporations Act, Health Practitioner Regulation National Law, Fines and Penalties (Recovery) Act, etc.)","Complex insurer and fund mechanics, including Nominal Insurer recommendation and uniform percentage allocation across approved insurers and self-insurers (rr 17B–17C)","Procedural and evidentiary rules (medical certificate substitutes in isolated areas, remote consultation rules, inspector identity and infringement notice procedures) with timing conditions (rr 5A, 12, 19–24)","Significant amendment history and incremental additions spanning decades (extensive endnotes listing amendments), increasing substantive scope over time"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- These are the Return to Work Regulations that fill in the technical and procedural detail needed to operate the Return to Work Act. They do not change the Act itself but prescribe definitions, amounts, time periods and processes that determine who is covered, how claims are assessed, what insurers must provide, and how regulators enforce the law.\n\n- Key prescriptions include:\n  - who counts as a \"worker\" and which persons are expressly not workers for the Act (reg 3A);\n  - monetary formulas used in the scheme (prescribed percentages of average weekly earnings for weekly and funeral benefits: regs 4A, 5, 6);\n  - lists of diseases and kinds of employment that attract presumptions or special treatment (reg 5AB and Schedule 2) and special presumptions and qualifying periods for firefighters (regs 5B–5C);\n  - a technical schedule of \"catastrophic injuries\" and objective medical tests/criteria for those injuries (reg 11A, Schedule 2A);\n  - what must appear on an inspector's identity card (reg 5A), and how inspectors may issue infringement notices (regs 19–24 and Schedule 4);\n  - how medical certificates can be issued for isolated workers (reg 12) and the periods for which they have effect;\n  - required content and standard conditions for compulsory employers' insurance policies (reg 15A and Schedule 3);\n  - processes for mediation record-keeping (reg 14A), declarations and witnessing (reg 11), and premium payment/late payment interest (rr 17, 17A);\n  - administrative matters such as service on the Nominal Insurer (r 18), contributions to the Nominal Insurer's Fund (rr 17B–17C), and offences that can be dealt with by infringement notice (rr 19–24 and Schedule 4).\n\nWho is affected\n\n- Workers and potential claimants: the Regulations define which groups are covered or excluded (for example, certain emergency personnel and members of St John Ambulance are prescribed workers (reg 3A), while certain carers and direct selling agents are prescribed not to be workers (reg 3A)). Schedule 2 lists many work-related diseases and the kinds of employment that attract them (reg 5AB).\n\n- Employers: must carry the prescribed insurance cover, lodge wages declarations, adjust premiums, comply with notice and record-keeping rules, and may face infringement notices for particular breaches (regs 15A, 16, 17, 19–24, Schedule 3).\n\n- Insurers and the Nominal Insurer: required policy wording and conditions are prescribed (Schedule 3), plus rules on how contributions to the Nominal Insurer's Fund are calculated and collected (rr 17B–17C).\n\n- Regulators and inspectors: rules on identity cards, powers to issue infringement notices and how those notices must be framed and processed are set out (rr 5A, 19–24).\n\nWhy it matters (official purpose and practical effects)\n\n- Officially, the Regulations are intended to operationalise the Act: to make the Act workable by setting clear thresholds (who is a worker), presumptions (which diseases are work-related for particular employments), monetary bases for benefits, insurer obligations and enforcement processes (see regs 3A, 5AB, 15A, 19–24).\n\n- Practical consequences and trade-offs:\n  - Benefits concentrated in particular groups: presumptions for firefighters (regs 5B–5C) and the disease list in Schedule 2 make it administratively easier for those workers to succeed in claims; that benefit is concentrated on those groups.\n  - Costs broadly distributed: higher claim recognition typically increases insurers' and employers' expected liabilities; those costs are allocated through premiums and through the Nominal Insurer's contribution rules (rr 17B–17C, Schedule 3).\n  - Compliance and administrative burden: employers must keep accurate wage records, make statutory declarations, allow insurer inspections, and follow specified claims notification processes (regs 16, Schedule 3). Insurers must adopt the prescribed policy clauses and exercise subrogation and defence rights as set out (Schedule 3).\n  - Measurement and implementation risk: medical and technical criteria for catastrophic injury (Schedule 2A) and disease presumptions (Schedule 2) rely on specialised clinical scales and tests (ASIA, ISNCSCI, Glasgow coma scale, FIM instrument), which can create evidentiary disputes and require specialist assessment.\n  - Behavioural incentives: limiting police commuting cover to shortest convenient route (reg 5AA) and other prescribed limits change the boundary of compensable events; prescribing disease–employment links changes employers' incentives to control particular workplace risks.\n  - Enforcement and deterrence: the infringement notice scheme (rr 19–24 and Schedule 4) enables on-the-spot fines for certain breaches and sets out enforcement consequences if a notice is not dealt with (r 21(2)(c)).\n\nConcrete sources of burdens and discretion\n\n- Who pays: employers (through premiums) and approved insurers (through contributions and claims) bear most direct costs; the Nominal Insurer mechanism allocates collective liability across approved insurers (rr 17B–17C).\n- Who decides: the Authority approves certain classifications (eg. approval for taxi operator drivers in reg 3A(c)(ii)), the Nominal Insurer proposes contribution percentages, and medical professionals apply the technical tests in Schedule 2A.\n- What behaviour changes: employers may alter risk controls, insurance purchases and record-keeping; workers in prescribed classes may rely on presumptions for claims; insurers manage underwriting and premium adjustments to reflect prescribed liabilities.\n\nOverall, these Regulations are the technical rulebook that implements the scheme set out in the Act—defining coverage, clinical thresholds, insurer obligations, enforcement mechanisms and the monetary bases that determine payments and premiums (see regs and Schedules cited above)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1986 scope. Originally focused on basic workers' compensation mechanics, it has expanded to include: (1) detailed prescribed disease schedules (Schedule 2) covering 48 conditions including complex cancer presumptions; (2) specific firefighter cancer presumptions with quantitative thresholds (150 fires, varying year requirements); (3) catastrophic injury definitions with medical assessment protocols; (4) PTSD coverage for first responders; (5) infringement notice systems for enforcement; and (6) complex insurance policy standard terms. The endnotes show approximately 30 amendment instruments over 38 years, transforming what was likely a short administrative instrument into a comprehensive technical code covering medical, insurance, and enforcement domains."},"complexity_factors":["Multiple cross-references to the parent Act (Return to Work Act 1986) requiring simultaneous reading","Four detailed schedules containing technical medical and geographical definitions (Schedules 1-4)","Schedule 2 contains 48 distinct disease categories with specific occupational exposure requirements","Schedule 2A uses complex medical assessment criteria (ASIA impairment scale, Glasgow Coma Scale, FIM instrument, specific percentage calculations for bone loss)","Nested definitions in regulation 3 (e.g., 'first responder' definition with three cumulative conditions)","Multiple calculation methods for percentages and time periods (e.g., regulation 5C firefighting periods varying by disease type)","Conditional logic for who is/is not a worker (regulation 3A with multiple paragraphs and sub-paragraphs)","Incorporation of external standards (Corporations Act 2001, Health Practitioner Regulation National Law, various medical classification systems)","Historical amendment trail showing 30+ years of layered modifications (visible in endnotes)"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **Return to Work Regulations 1986** (Northern Territory), which operate under the *Return to Work Act 1986*. They fill in the practical details for how workers' compensation (payments to injured workers) works in the NT.\n\n**Key things covered:**\n\n- **Who counts as a \"worker\"** — The regulations extend coverage to specific groups like St John Ambulance volunteers, jurors, taxi drivers, and racing club officials. They also explicitly exclude certain people (like share-fishermen and some carers) from being classified as workers.\n\n- **Diseases linked to work** — Schedule 2 lists 48 specific diseases (from anthrax to various cancers) and the types of jobs that can cause them. If you get one of these diseases while doing that job, it's presumed to be work-related. This includes new coverage for **PTSD in first responders** (police, paramedics, firefighters, etc.).\n\n- **Firefighter cancers** — Special rules for firefighters (regulations 5B and 5C) list 23 specific cancers. If a firefighter develops one of these after fighting at least 150 fires over a set period (5–25 years depending on the cancer), it's presumed to be caused by their work.\n\n- **Catastrophic injuries** — Schedule 2A defines severe injuries (spinal cord damage, traumatic brain injury, multiple amputations, major burns, permanent blindness) that trigger special compensation rules.\n\n- **Insurance requirements** — Employers must have insurance covering at least **$2 million** per incident. Schedule 3 sets out the standard policy conditions.\n\n- **Infringement notices** — Regulations 19–24 create a system where inspectors can issue on-the-spot fines (penalty units) for certain offences, with details in Schedule 4.\n\n- **Administrative details** — Rules about who can witness declarations, how to serve documents on the Nominal Insurer (the government insurer), how premiums are calculated, and interest rates for late payments.\n\n**Who it affects:**\n- **Workers** — Anyone injured at work in the NT, especially those in high-risk jobs (healthcare, emergency services, mining, agriculture).\n- **Employers** — Must comply with insurance requirements, keep wage records, and follow claims procedures.\n- **Insurers** — Must provide policies meeting the prescribed terms.\n\n**Why it matters:**\nThese regulations determine whether an injured person gets compensation, how much, and how easily. The disease schedules are particularly important because they reverse the burden of proof — instead of the worker proving their job caused the illness, the employer must prove it didn't. The recent additions for first responders and firefighters reflect growing recognition of occupational mental health risks and cancer risks in emergency services."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, these appear to be an updated reprint of long-standing regulations dating to 1986, suggesting continuity of purpose rather than a significant change in scope. The 2024 update likely reflects amendments to fee schedules, procedures, or administrative requirements rather than a fundamental shift in the scheme's intent. However, the absence of the actual legislative text prevents a definitive assessment of whether substantive scope changes were introduced."},"complexity_factors":["Limited legislative text provided — only metadata is available, making full analysis impossible","Regulations sit beneath a principal Act, requiring cross-referencing to understand full effect","Workers' compensation schemes can involve complex interactions between medical, legal, and administrative rules","Multiple reprints since 1986 suggest accumulated amendments that may be difficult to track","South Australia-specific scheme — may differ from other state schemes, creating confusion for those familiar with other jurisdictions"],"plain_english_summary":"These regulations set out the detailed rules supporting South Australia’s Return to Work Act — governing timeframes, procedures, fees and administrative requirements for workplace injury claims. They affect injured workers, employers, insurers/claims managers and medical providers. The instrument is a 2024 reprint (gazetted 11 June 2024) that took effect 1 July 2024, so anyone dealing with SA workers’ compensation should use this current version."}},"importantCases":[],"_links":{"self":"/api/acts/return-to-work-regulations-1986","history":"/api/acts/return-to-work-regulations-1986/history","analysis":"/api/acts/return-to-work-regulations-1986/analysis","conflicts":"/api/acts/return-to-work-regulations-1986/conflicts","importantCases":"/api/acts/return-to-work-regulations-1986/important-cases","documents":"/api/acts/return-to-work-regulations-1986/documents"}}