{"id":"a-1951-2","name":"Workers Compensation Act 1951","slug":"workers-compensation-act-1951","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"2 of 1951","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24533,"registerId":"act-a-1951-2-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Compensation for permanent injuries 264","content":"Schedule 1 Compensation for permanent injuries 264\n","sortOrder":0},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Adjacent areas for States and Territories 267","content":"Schedule 2 Adjacent areas for States and Territories 267\n2.1 Definitions—sch 2 267\n2.2 Adjacent areas for States and the Northern Territory 267\n","sortOrder":1},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"DI fund advisory committee 269","content":"Schedule 3 DI fund advisory committee 269\n3.1 Definitions—sch 3 269\n3.2 Establishment of DI fund advisory committee 269\n3.3 Functions of committee 269\n3.4 Membership of committee 269\n3.5 When DI fund manager not member of committee 270\n3.6 Ending of members’ appointments 270\n3.7 Committee chair 271\n3.8 Honesty, care and diligence of members 271\n3.9 Conflicts of interest by members 271\n3.10 Agenda to require disclosure of interest item 271\n3.11 Disclosure of interests by members 272\n3.12 Reporting of disclosed committee interests to Minister 274\n3.13 Protection of members from liability 275\n3.14 Time and place of committee meetings 275\n3.15 Presiding member at committee meetings 275\n3.16 Quorum at committee meetings 275\n3.17 Voting at committee meetings 276\n3.18 Conduct of committee meetings etc 276\nDictionary 277\n1 About the endnotes 290\n2 Abbreviation key 290\n3 Legislation history 291\n\nPage\ncontents 17\n4 Amendment history 310\n5 Earlier republications 389\n6 Renumbered provisions 397\n7 Expired transitional or validating provisions 397\n\nAn Act relating to compensation to workers for injuries arising out of or in the\ncourse of their employment, and for other purposes\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Workers Compensation Act 1951.\n\nInterpretation generally Chapter 2\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this Act\nor in other legislation.\nFor example, the signpost definition ‘injury—see section 4 (Meaning of\ninjury).’ means that injury is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of injury","content":"4 Meaning of injury\ninjury means a physical or mental injury (including stress), and\nincludes aggravation, acceleration or recurrence of a pre-existing\ninjury.\nmental injury (including stress) does not include a mental injury\n(including stress) completely or mostly caused by reasonable action\ntaken, or proposed to be taken, by or on behalf of an employer in\nrelation to the transfer, demotion, promotion, performance appraisal,\ndiscipline, retrenchment or dismissal of a worker or the provision of\nan employment benefit to a worker.\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of employer","content":"5 Meaning of employer\nemployer includes—\n(a) an entity; and\n(b) the legal personal representative of a dead employer; and\n(c) if the services of the worker are temporarily lent or let on hire to\nsomeone else (the temporary employer) by the person (the\noriginal employer) with whom the worker has entered into a\ncontract of service or apprenticeship—the original employer is,\nfor this Act, taken to continue to be the employer of the worker\nwhile the worker is working for the temporary employer.\n\nInterpretation generally Chapter 2\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of totally incapacitated","content":"6 Meaning of totally incapacitated\nFor this Act, an injured worker is totally incapacitated for work if—\n(a) there is no suitable paid employment reasonably available to the\nworker that the worker can do because of a functional\nimpairment caused by the injury; or\n(b) the worker is taken, or declared, to be totally incapacitated under\nsection 35 (When is a worker taken to be totally incapacitated?).\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of partially incapacitated","content":"7 Meaning of partially incapacitated\nFor this Act, an injured worker is partially incapacitated for work if,\nbecause of a functional impairment caused by the injury, the\nworker—\n(a) cannot do all the work the worker could do before the injury;\nand\n(b) is not totally incapacitated.\n","sortOrder":10},{"sectionNumber":"7A","sectionType":"section","heading":"Meaning of total wages","content":"7A Meaning of total wages\ntotal wages means total wages worked out as prescribed by\nregulation.\n(2) The Legislation Act, section 47 (3) does not apply to a regulation\n\nNotes about ch 3\nNote 1 Working out who is a worker\nThe following chart is a guide for working out if a person (X) is a worker\nfor this Act.Yes\nNo\nNo\nNo Yes\nYes No\nYes\nYes\nNo\nYes\nYes\nNo\nNo\nYes\nNo\nIs X taken to be a worker under\nthis chapter?\n regular contractor (s 11)\n labour hire (s 12)\n trainee (s 14)\n outworker (s 15)\n timber contractor (s 16)\n family day care educator\n(s 16A)\n religious worker (s 17)\n commercial voluntary\nworker (s 18)\n public interest voluntary\nworker (s 19)\n•\nDoes X work\nunder a\ncontract of\nservice (s 8)\nIs X a public\nservant\n(ACT/Cwlth)?\n(s 9 (1))\nIs X an\nunnotified\nworking family\nmember?\n(s 9 (2), (3))\nIs X a casual\nemployee under\ns 10 (1)?\nWas X’s work\nfound through an\nemployment\nagent?\n(s 10 (2))\nIs X otherwise a\nworker under this\nchapter?\n(s 10 (1) (b), (c))\nIs X an\nunnotified\nworking family\nmember?\n(s 9 (2), (3))\n\nNote 2 Payment for work\nMost people who are workers under this chapter are employed or engaged\nunder a contract with someone else. At common law, a contract cannot\nexist unless there is a valuable exchange between the people on both sides\nof the contract, by which—\n• the employee (or contractor) provides labour to the employer (or\nprincipal); and\n• the employer (or principal), in exchange, provides payment to the\nemployee (or contractor), including non-monetary rewards (eg\npayment in kind).\nThe exceptions under this chapter are those who are taken to be workers\nunder s 14 (Trainees), s 16A (Family day care educators), s 17 (Religious\nworkers), s 18 (Commercial voluntary workers) and s 19 (Public interest\nvoluntary workers). Trainees and religious workers may or may not be\npaid for their labour. Voluntary workers (under s 18 and s 19) are those\nthat are paid only for expenses (if that).\nNote 3 Subcontracting and labour hire (effect of s 13)\nThe Act applies in a special way to subcontracting arrangements, by\nwhich—\n• a worker is engaged to work for a person who is the employer of the\nworker (under this chapter); and\n• the employer has engaged the worker to fulfil a contract the\nemployer has with someone else (in this note, a principal) to do\nwork for the principal’s trade or business.\nUnder s 13, the principal is liable to pay compensation to the worker if\nthe worker is injured. The principal may, however, recover the\ncompensation paid from the employer.\nThese situations may be complicated by the involvement of labour hirers,\nwho may in some circumstances be taken to be the employer of workers\nengaged to do work for a principal (see s 12). Here are 3 illustrations of\ndifferent subcontracting arrangements:\nArrangement 1 No labour hirer\nA bricklayer’s labourer (the worker) is employed by a bricklayer (the\nemployer) to assist the bricklayer to fulfil a contract between the\nbricklayer and a builder (the principal).\nThe bricklayer is the labourer’s employer.\n\nArrangement 2 Labour hirer as employer\nA cleaner (the worker) is engaged by a labour hirer (the employer) to\nfulfil a contract between the labour hirer and the owner of a retail store\n(the principal) for the cleaning of the store. The labour hirer is taken\n(under s 12) to be the employer of the cleaner, because the cleaner has no\ncontractual relationship with the owner of the store.\nThe labour hirer is the cleaner’s employer.\nArrangement 3 Labour hirer as employment agent\nA keyboard operator (the worker) is employed by an information\ntechnology consultant (the employer) to fulfil a contract between the\nconsultant and a government agency (the principal). The consultant\nrecruits the operator through a labour hirer acting as an employment\nagent.\nThe consultant is the operator’s employer.\nUnder all of these arrangements, the worker may claim compensation\nfrom either the employer or the principal (see s 13 (2) and (4)). If the\nprincipal pays compensation to the worker, the principal may claim\nrepayment from the employer (see s 13 (3)). But in the 3rd arrangement\n(Labour hirer as employment agent), the worker may not claim\ncompensation from the labour hirer, and the principal may not seek\nrepayment of compensation from the labour hirer.\n\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Who is a worker?","content":"8 Who is a worker?\n(1) In this Act (subject to this chapter):\nworker means an individual who—\n(a) works under a contract of service, whether the contract is\nexpress or implied, oral or written; or\n(b) works under a contract, or at piecework rates, for labour only or\nsubstantially for labour only; or\n(c) works for another person under a contract (whether or not a\ncontract of service) unless—\n(i) the individual—\n(A) is paid to achieve a stated outcome; and\n(B) has to supply the plant and equipment or tools of trade\nneeded to carry out the work; and\n(C) is, or would be, liable for the cost of rectifying any\ndefect in the work carried out; or\n(ii) a personal services business determination is in effect for\nthe person carrying out the work under the Income Tax\nAssessment Act 1997 (Cwlth), section 87-60.\n(2) A reference in this Act to a worker after the date of an injury includes\na reference to a former worker.\n(3) The Minister may determine categories of workers for the following\nprovisions:\n(a) section 155 (7), definition of employer’s estimate,\nparagraphs (a) and (b) (Information for licensed insurers on\napplication for issue or renewal of policies);\n(b) section 190 (1) (b) (Provision of information to inspectors).\n\n(4) A determination is a notifiable instrument.\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Who is not a worker?","content":"9 Who is not a worker?\n(1) In this Act (despite anything else in this chapter), worker does not\ninclude—\n(a) a public servant; or\n(b) an employee within the meaning of the Safety, Rehabilitation\nand Compensation Act 1988 (Cwlth).\n(2) In this Act (despite anything else in this chapter), worker does not\ninclude an individual who would, apart from this section, be a worker\nemployed by an employer, if the individual is a member of the\nemployer’s family and lives in the employer’s home.\n(3) However, subsection (2) does not apply to an individual if the\nemployer tells the licensed insurer who insures the employer against\nliability under this Act the name, nature of employment and estimated\nwages of the individual—\n(a) when the employment begins; and\n(b) whenever the insurance is renewed.\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Casuals not employed for trade or business","content":"10 Casuals not employed for trade or business\n(1) In this Act, worker does not include an individual (the casual\nemployee) employed by someone (the principal) on a casual basis to\nperform work for the principal other than work that is for (or\nincidental to) the principal’s trade or business unless the casual\nemployee is taken to be a worker under any of the following\nprovisions:\n(a) subsection (2) (which deals with casual employment found\nthrough employment agencies);\n\n(b) section 11 (Regular contractors and casuals);\n(c) section 17 (Religious workers).\n(2) If the casual employee’s employment was found for the employee by\na person who carries on the business of an employment agent, for this\nAct the casual employee is taken to be a worker employed by the\nemployment agent.\nExamples of casual employees who are not workers\n1 A gardener irregularly employed by the occupier of residential premises to\nwork in the garden of the premises (unless engaged through an employment\nagent—see example 4).\n2 A babysitter irregularly employed by the parents of young children (unless\nengaged through an employment agent—see example 4).\nExamples of casual employees who are workers\n3 A gardener regularly employed by the owner of a business to work on the\ngrounds of the premises where the employer’s business is carried on. The\ngardener is taken to be a worker employed to perform work incidental to the\nprincipal’s business (see s (1)).\n4 A babysitter irregularly employed by the parents of young children who is\nengaged through an employment agent. The babysitter is taken to be a worker\nemployed by the agent rather than the parents (see s (1) (a) and\ns (2)).\n5 A babysitter regularly and systematically employed (for example, once a week\nover a 6 month period) by the parents of young children. The babysitter is\ntaken to be a worker employed by the parents under s 11 (Regular contractors\nand casuals)—see s (1) (b).\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Regular contractors and casuals","content":"11 Regular contractors and casuals\n(1) This section applies to the engagement of an individual by a person\n(the principal) if—\n(a) the individual has been engaged by the principal—\n(i) under a contract for services to work for the principal\n(whether or not on a casual basis); or\n\n(ii) on a casual basis under a contract of service to perform\nwork for the principal other than work that is for (or\nincidental to) the principal’s trade or business (unless\nsection 10 (2) applies, which deals with casual employment\nfound through employment agencies); and\n(b) the individual personally does part or all of the work; and\n(c) if the principal is a corporation—the individual is not an\nNote for par (a) (ii) Section 10 (2) provides that if a casual worker employed other\nthan for the employer’s trade or business is engaged through an employment agent,\nthe casual worker is a worker employed by the agent.\n(2) For this Act, the individual is taken to be a worker employed by the\n(a) the engagement, under the contract or similar contracts, has been\non a regular and systematic basis; or\n(b) the individual has (or, apart from any injury, would have had) a\nreasonable expectation of the engagement continuing on a\nregular and systematic basis (under the contract or similar\ncontracts), even if the engagement has not been on a regular or\nsystematic basis; or\n(c) the engagement of the individual is under a contract or similar\ncontracts prescribed by regulation, even if the engagement has\nnot been on a regular or systematic basis.\n(3) To work out whether an engagement has been on a regular and\nsystematic basis, or whether there is (or would have been) a\nreasonable expectation of an engagement continuing on that basis,\nrelevant matters include (but are not limited to) the following:\n(a) the terms of all relevant contracts;\n(b) the working relationship between the principal and the\nindividual and all associated circumstances;\n\n(c) the period of the engagement, or the periods of the engagement\nif it has not been continuous;\n(d) the frequency of work under the contract or similar contracts;\n(e) the number of hours worked under the contract or similar\ncontracts;\n(f) the type of work;\n(g) normal arrangements for someone engaged to perform that type\nof work.\nExamples of individuals who are workers\n1 Payment by commission\nA sales representative engaged under a 3 month contract for payment by\ncommission that forms part of a regular and systematic pattern of similar contracts\nto work for a real estate agency, canvasser or retailer, even if there is no express or\nimplied guarantee of continuing work.\n2 IT consultant—engagement under indefinite retainer\nAn information technology consultant engaged on a retainer under which it is\nagreed that the consultant will be regularly and systematically available, on call by\nthe principal, to offer advice or attend at short notice, even if the consultant was\nonly recently engaged.\n3 Owner-driver of a truck—regular engagement\nAn owner-driver of a truck engaged by a local ACT carrier for an overnight trip\n(leaving regularly on the same day each week), even if any (or all) of the following\napply:\n• there is occasionally no work for the driver;\n• the driver also works (or is free to work) for other carriers;\n• the driver was only recently engaged by the carrier.\n4 Building contractor—exclusive engagement\nA bricklayer engaged under contracts for services by a particular builder for some\nyears, who has worked for almost no-one else over that time, even if there is no\nexpress or implied guarantee of continuing work.\n\n5 Regular casual worker\nA gardener engaged by a householder (under contracts of service or for services) on\na regular and systematic basis over a number of years to work in the grounds of the\nhouse. The gardener’s engagement may be found to be ‘regular and systematic’\neven if any (or all) of the following apply:\n• there is no express or implied guarantee of continuing work;\n• the gardener also works (or is free to work) for other households;\n• there have been occasional periods during which the gardener has not\nworked for the householder.\nExamples of individuals who are not workers\n6 Payment by commission—no guarantee of future work\nA sales representative engaged under a 3 month contract for services with a real\nestate agency, canvasser or retailer, and who is paid by commission, if—\n• the contract does not form part of a regular and systematic pattern of\nsimilar contracts; and\n• there is no express or implied guarantee that any further similar contract\nwill be offered, whether in a document or by inference from the working\nrelationship between the principal and the individual.\n7 IT consultant—occasional engagement\nAn information technology consultant who is occasionally engaged by a small\nbusiness for a week or more at a time under a contract for services, but not on a\nregular basis.\n8 Owner-driver of a truck—irregular engagement\nAn owner-driver of a truck engaged under contracts for services with a furniture\nretailer whenever available, who has made deliveries every day of the week at times\n(for example, just before Christmas), but at other times may go for months without\nworking for the retailer.\n9 Building contractor—irregular engagement\nA bricklayer engaged under contracts for services by a particular builder several\ntimes a year, but who is not regularly engaged by the builder.\n\n10 Irregular casual worker\nA tree surgeon engaged by a householder on an irregular basis (under contracts of\nservice or for services) to prune the trees around a house. The engagement may be\nfound not to be ‘regular and systematic’ even if the tree surgeon has been\noccasionally engaged by the householder for many years. (However, if the tree\nsurgeon is engaged through an employment agent, the tree surgeon is a worker\nemployed by the agent (see s 10 (2).)\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Labour hire arrangements","content":"12 Labour hire arrangements\nFor this Act, an individual is taken to be a worker employed by a\nperson (the labour hirer) if—\n(a) the individual has been engaged by the labour hirer under a\ncontract for services to work for someone other than the labour\nhirer; and\n(b) there is no contract to perform the work between the individual\nand the person for whom the work is to be performed; and\n(c) the individual personally does part or all of the work; and\n(d) if the labour hirer is a corporation—the individual is not an\nNote 1 This section does not make an employment agent the employer of those\nfor whom the agency finds work if the workers are engaged directly by\nthe person for whom the work is to be performed. It makes the labour\nhirer the employer only if there is no contractual relationship between the\nworker and the person for whom the work is to be performed (see par\n(b)).\nNote 2 Under s 13 (Subcontracting), the person for whom the work is to be\nperformed may be liable as ‘principal’ to pay compensation to the worker,\nas well as the labour hirer under this section. The ‘principal’ may then\nrecover compensation from the labour hirer (see s 13 (3)). See also note 3\nat the beginning of this chapter.\n\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Liability of principal for uninsured contractor’s injured","content":"13 Liability of principal for uninsured contractor’s injured\n(a) a person carrying on a business (the principal) enters into a\ncontract with another person (the contractor) to carry out work\nthat is part of the principal’s business (the contracted work); and\n(b) a worker employed by the contractor becomes an injured worker\n(the injured worker) while carrying out the contracted work;\nand\n(c) the contractor is uninsured.\n(2) The principal is liable to pay to the injured worker any compensation\nthat the principal would have been liable to pay if the worker was\nemployed by the principal.\n(3) If this section is relied on to make a claim for compensation, or bring\nany other proceeding, against a principal, then, in the application of\nthis Act to the claim or proceeding—\n(a) a reference in this Act to an employer is taken to be a reference\nto the principal; but\n(b) any calculation of the earnings of the injured worker must be\nbased on the earnings paid or payable to the worker by the\ncontractor that employed the worker.\n(4) If a principal is liable under this section to pay compensation to an\ninjured worker, the principal is entitled to be indemnified by—\n(a) if the principal is uninsured within the meaning of paragraph (a)\nof the definition of uninsured—any person, other than the DI\nfund manager, who would have been liable to pay compensation\nto the worker independently of this section; or\n\n(b) if the principal is uninsured within the meaning of paragraph (b)\nof the definition of uninsured—any person, including the DI\nfund manager, who would have been liable to pay compensation\nto the worker independently of this section.\n(5) Nothing in this section prevents a worker claiming compensation—\n(a) against a contractor instead of a principal; or\n(b) if both the contractor and principal are uninsured—against the\nDI fund.\nuninsured, in relation to a principal or a contractor, means the\nprincipal or contractor—\n(a) does not have a compulsory insurance policy in force that\napplies to an injured worker mentioned in subsection (1) in\nrelation to an injury; or\n(b) has a compulsory insurance policy in force that applies to the\ninjured worker in relation to the injury but the policy was issued\nby a licensed insurer that—\n(ii) has been wound up.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Trainees","content":"14 Trainees\n(1) For this Act, an individual is taken to be a worker employed by a\nperson (the principal) if—\n(a) the individual is engaged under an arrangement (whether or not\nunder contract) by which training or on-the-job experience is\nprovided to the individual; and\n(b) the training or experience is in relation to work that is for (or\nincidental to) the principal’s trade or business; and\n\n(c) the individual performs work that is for (or incidental to) the\nprincipal’s trade or business while so engaged; and\n(d) if the principal is a corporation—the individual is not an\n(2) An individual may be taken to be a worker under subsection (1) even\nif the individual receives no payment for the engagement.\n(3) However, an individual is taken not to be a worker employed by the\n(a) the engagement of the individual by the principal is arranged by\nan educational institution where the individual is enrolled; and\n(b) the engagement is part of a work experience program (however\ndescribed) run by the educational institution.\nExample of work experience program\nwork placement program\n(4) An individual is also taken not to be a worker employed by the\n(a) the individual is an adult with a disability; and\n(b) the engagement of the individual by the principal is arranged by\na specialist disability employment service provider; and\n(c) the engagement is part of a work experience program (however\ndescribed) organised by the provider to help adults with\ndisabilities to work.\nExample of work experience program\nwork placement program\nadult with a disability means a person who—\n(a) is 16 years old or older; and\n(b) has a physical, intellectual or psychiatric disability; and\n\n(c) is likely to suffer from the disability permanently or for an\nextended period.\neducational institution means—\n(a) a school, college or other educational institution established or\nmaintained on behalf of the Territory; or\n(b) a non-government school under the Education Act 2004; or\n(c) an educational institution established under a territory law or a\nlaw of the Commonwealth or a State.\nspecialist disability employment service provider means an\norganisation (whether or not the organisation is incorporated) that—\n(a) provides employment services for people with disabilities; and\n(b) is not carried on for the financial benefit of the organisation’s\nmembers.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Outworkers","content":"15 Outworkers\n(1) This section applies to an individual (the outworker) who is engaged\nby a person (the principal) under a contract for services to treat or\nmanufacture articles or materials, or to perform other services—\n(a) in the outworker’s own home; or\n(b) on other premises not under the control or management of the\nprincipal.\n(2) To remove doubt, the outworker is taken to be a worker employed by\nthe principal if—\n(a) the outworker is taken to be a worker employed by the principal\nunder section 11 (Regular contractors and casuals); or\n\n(b) the outworker is taken to be a worker employed by the principal\nunder section 12 (Labour hire arrangements).\nExample of an outworker\nA keyboard operator engaged under a contract for services by an information\ntechnology firm to undertake data conversion for the firm (or for another firm) in\nthe operator’s home.\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Timber contractors","content":"16 Timber contractors\n(1) This section applies to an individual (the timber contractor) who is\nengaged by a person (the principal) under a contract for services to\ndo any of the following work:\n(a) logging (including, for example, felling, crosscutting, snigging,\nloading, carting, bundling and debarking);\n(b) felling or cutting trees for firewood;\n(c) delivering timber or firewood;\n(d) clearing timber, cutting scrub, preparing land for tree planting,\nplanting trees, pruning trees or coppice cleaning.\n(2) The timber contractor is taken to be a worker employed by the\n(a) the work is for (or incidental to) the principal’s trade or business;\nand\n(b) the timber contractor personally does part or all of the work; and\n(c) if the principal is a corporation—the timber contractor is not an\n(3) This section applies whether the work is to be performed by the\ntimber contractor—\n(a) for the principal; or\n(b) for someone (other than the principal) with whom the timber\ncontractor has no contract to perform the work.\n\n","sortOrder":20},{"sectionNumber":"16A","sectionType":"section","heading":"Family day care educators","content":"16A Family day care educators\n(1) An educator engaged by an approved family day care service is taken\nto be a worker of the service.\n(2) Also, the Minister may make a declaration for this section—\n(a) if requested by an approved family day care service; or\n(b) on the Minister’s own initiative, if the Minister considers that\npeople engaged by an approved family day care service should\nbe treated as workers of the service.\n(3) For this Act—\n(a) an individual included in a class of individuals declared by the\nMinister is taken to be a worker employed by the person stated\nin the declaration to be the employer of individuals in that class;\nand\n(b) the individual’s employment is taken to be as stated in the\ndeclaration for individuals in the class.\n(4) A declaration is a notifiable instrument.\napproved family day care service—see the Education and Care\nServices National Law (ACT), section 5 (1).\neducator—see the Education and Care Services National Law (ACT),\nsection 5 (1).\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\n\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Religious workers","content":"17 Religious workers\n(1) The Minister may make a declaration for this section in accordance\nwith a request by—\n(a) a religious organisation; or\n(b) a person acting on behalf of a religious organisation.\n(2) For this Act—\n(a) an individual included in a class of individuals declared by the\nMinister is taken to be a worker employed by the person stated\nin the declaration to be the employer of individuals in that class;\nand\n(b) the individual’s employment is taken to be as stated in the\ndeclaration for individuals in the class.\n(3) A declaration is a notifiable instrument.\n","sortOrder":22},{"sectionNumber":"17A","sectionType":"section","heading":"Volunteers","content":"17A Volunteers\nTo remove any doubt, an individual who is engaged to perform work\nfor someone else, and who receives no payment for the work (apart\nfrom any payment for expenses), is taken not to be a worker unless\nthe individual is taken to be a worker under any of the following\nsections:\n• section 14 (Trainees)\n• section 17 (Religious workers)\n• section 18 (Commercial voluntary workers)\n• section 19 (Public interest voluntary workers).\n\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Commercial voluntary workers","content":"18 Commercial voluntary workers\n(a) an individual (a commercial volunteer) is engaged under an\narrangement by which the commercial volunteer performs work\nthat is for (or incidental to) an enterprise, trade or business\ncarried on by someone else (the principal); and\n(b) the principal carries on the enterprise, trade or business for—\n(i) if the principal is an individual—the financial benefit of the\nprincipal; or\n(ii) if the principal is a corporation—the financial benefit of\nthe corporation’s members; and\n(c) the commercial volunteer receives no payment for the work\n(apart from any payment for expenses).\n1 The Very Big Motocross Event Company (a corporation incorporated under\nthe Corporations Act) promotes an event known as the ‘Mega Motocross’.\nThe corporation engages a number of motocross enthusiasts as marshals for\nthe event, but the marshals are volunteers (they are not paid). The Mega\nMotocross is an ‘enterprise, trade or business’ carried on for the financial\nbenefit of the corporation’s members. The marshals are therefore commercial\nvolunteers to whom this section applies.\n2 The Motorboat and Jet-ski Club of Canberra Inc. (a not-for-profit body\nincorporated under the Associations Incorporation Act 1991) promotes an\nannual event known as the ‘Big Splash’. The club engages a number of\nenthusiasts as marshals for the event, but the marshals are volunteers (they are\nnot paid). The Big Splash is not an ‘enterprise, trade or business’ carried on\nfor the financial benefit of the club’s members. The marshals are therefore not\ncommercial volunteers to whom this section applies.\n3 The Homeless Trust is an organisation incorporated under statute whose only\nobject is to assist the homeless in Canberra. The trust runs an opportunity shop\nin Tuggeranong, which earns a small profit. The shop is staffed by unpaid\nvolunteers. The shop’s profits are used to assist the homeless. The shop is an\n‘enterprise, trade or business’, but it is not carried on for the financial benefit\nof the trust’s members. The volunteer staff of the shop are therefore not\ncommercial volunteers to whom this section applies.\n\n4 If the Homeless Trust described in example 3 were an unincorporated group\nof individuals (or a single individual), but carried on the same activities for the\nsame single purpose, the shop concerned would be an ‘enterprise, trade or\nbusiness’, but would not be carried on for the financial benefit of the\nindividuals (or individual) by whom the trust is constituted (who would be the\nprincipals, or principal). The volunteer staff of the shop would therefore also\nnot be commercial volunteers to whom this section applies.\n(2) A commercial volunteer is taken to be a worker employed by the\nprincipal, unless the principal is exempt from the application of this\nsubsection in relation to the volunteer under a certificate given under\n(3) On application by the principal, the Minister may give the principal a\ncertificate (a volunteer exemption certificate) exempting the\nprincipal from the application of subsection (2) in relation to the\ncommercial volunteers mentioned in the certificate if the Minister\nconsiders it appropriate, having regard to the interests of the principal\nand the commercial volunteers mentioned.\n(4) A volunteer exemption certificate must state—\n(a) which commercial volunteers (or class of commercial\nvolunteers) it applies to; and\n(b) the work it applies to; and\n(c) the period, or the event, it applies to.\n(5) A volunteer exemption certificate is a notifiable instrument.\n\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Public interest voluntary workers","content":"19 Public interest voluntary workers\n(1) The Minister may make a declaration for this section in relation to\nwork (public interest voluntary work) undertaken for a stated entity\nif the Minister considers that making the declaration is necessary or\ndesirable in the public interest.\nAs noted in section 18 (1), example 2, the volunteer marshals for the annual Big\nSplash event described in that example would not be ‘commercial volunteers’ to\nwhom section 18 applies. Therefore, apart from section 19, they would not be taken\nto be workers for this Act (see s 17A (Volunteers)). The club promoting the event\nwould therefore not normally be required to take out compulsory workers\ncompensation insurance under this Act to cover the work of the marshals.\nHowever, the Big Splash is potentially very dangerous for the volunteer marshals,\nas they must be present in their own boats on Lake Burley Griffin while the\nparticipants perform difficult stunts in motorboats and jet skis at high speed nearby.\nIn previous years, volunteer marshals have been seriously injured at the event, and\nthe Minister considers that the club did not take out adequate insurance cover for\nthe work of the marshals.\nTaking these matters into account, the Minister may consider that it is necessary or\ndesirable in the public interest that the work of the volunteer marshals be declared\nto be public interest voluntary work for this section.\n(2) For this Act, an individual is taken to be a worker employed by the\nentity stated in the declaration, or a person (the principal) named in\nthe declaration on behalf of the entity, if the individual—\n(a) performs public interest voluntary work for the entity or the\nprincipal; and\n(b) receives no payment for the work (apart from any payment for\nexpenses).\n(3) A declaration under this section is a disallowable instrument.\n\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of cpi indexed and awe indexed","content":"20 Meaning of cpi indexed and awe indexed\nawe indexed, for an amount, means the amount as adjusted in line\nwith any adjustment in the AWE after the commencement of the\nprovision in which the amount appears.\nCPI means the All Groups Consumer Price Index (Canberra) issued\nby the Australian statistician.\nNote In June 2001, this was series 6401.0.\ncpi indexed, for an amount, means the amount as adjusted in line with\nany adjustment in the CPI since the commencement of the provision\nin which the amount appears.\nNote AWE is defined in the dict.\n(2) However, if an amount to be awe indexed or cpi indexed would, if\nadjusted in line with the adjustment (the negative adjustment) to the\nAWE or CPI, become smaller, the amount is not reduced in line with\nthe negative adjustment.\n(3) An amount that, in accordance with subsection (2), is not reduced\nmay be increased in line with an adjustment in the AWE or CPI that\nwould increase the amount only to the extent that the increase, or part\nof the increase, is not one that would cancel out the effect of the\nnegative adjustment.\n\n(4) Subsection (3) does not apply to a negative adjustment once the effect\nof the negative adjustment has been offset against an increase in line\nwith an adjustment in the AWE or CPI.\nExample of adjustments\nAn amount in a section is $100 cpi indexed.\nThere is a 20% increase in the CPI after the section commences. The amount in the\nsection becomes $120 (100 + 20%).\nThere is then a 10% drop in the CPI. The amount does not change from $120\n(although if it had changed it would be $108).\nThere is a 20% increase in the CPI. The 20% increase is not to the $120, but to the\n$108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount\n($120) increased by so much of the 20% increase that did not cancel out the effect\nof the adjustment down to $108.\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Working out average pre-incapacity weekly earnings for","content":"21 Working out average pre-incapacity weekly earnings for\nnon-contractor\n(1) In working out average pre-incapacity weekly earnings for a worker\nwho is not a contractor—\n(a) if the worker was, immediately before the injury, employed by\n2 or more employers—the worker’s earnings from all\nemployment must be taken into account; and\n(b) the actual weekly earnings of the worker may be taken into\naccount over—\n(i) a period of 1 year before the injury; or\n(ii) if the worker has not been employed for 1 year—the period\nof employment.\n\n(2) However, if it is not possible to work out fair average pre-incapacity\nweekly earnings for the worker under subsection (1) because the\nworker has only been employed for a short time, because of the terms\nof the worker’s employment or for some other reason, the worker’s\naverage pre-incapacity weekly earnings may be worked out by\nreference to the average weekly amount being earned by—\n(a) others in the same employment who perform similar work at the\nsame grade as the worker; or\n(b) if there is no-one mentioned in paragraph (a) in the same\nemployment—others in the same class of employment as the\nworker, who perform similar work at the same grade as the\n","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Working out average pre-incapacity weekly earnings for","content":"22 Working out average pre-incapacity weekly earnings for\ncontractor\nIn working out average pre-incapacity weekly earnings for a worker\nwho is a contractor, the worker’s average pre-incapacity weekly\nearnings are to be worked out—\n(a) as if the worker were an employee; and\n(b) if there is an award or industrial agreement applying to the class\nand grade of work in which the worker was engaged—by\nreference to the award or industrial agreement.\n","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Working out average pre-incapacity weekly hours for","content":"23 Working out average pre-incapacity weekly hours for\nnon-contractor\n(1) In working out average pre-incapacity weekly hours for a worker who\nis not a contractor—\n(a) if the worker was, immediately before the injury, employed by\n2 or more employers—the worker’s work hours from all\nemployment must be taken into account; and\n\n(b) the actual weekly work hours of the worker over a period of up\nto 1 year before the injury may be taken into account.\n(2) However, if it is not possible to work out fair average pre-incapacity\nweekly hours for the worker under subsection (1) because the worker\nhas only been employed for a short time, because of the terms of the\nworker’s employment or for some other reason, the worker’s average\npre-incapacity weekly hours may be worked out by reference to the\naverage weekly hours being worked by—\n(a) others in the same employment who perform similar work at the\nsame grade as the worker; or\n(b) if there is no-one mentioned in paragraph (a) in the same\nemployment—others in the same class of employment as the\nworker, who perform similar work at the same grade as the\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Working out average pre-incapacity weekly hours for","content":"24 Working out average pre-incapacity weekly hours for\ncontractor\nIn working out average pre-incapacity weekly hours for a worker who\nis a contractor, the worker’s average pre-incapacity weekly hours are\nto be worked out as if the worker were an employee.\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Overtime—hours and wages","content":"25 Overtime—hours and wages\n(1) This section applies to a component of the worker’s earnings or hours\nattributable to overtime.\n(2) The overtime is to be taken into account in working out average pre-\nincapacity weekly earnings or average pre-incapacity weekly hours\nonly if—\n(a) the worker worked overtime in accordance with a regular and\nestablished pattern; and\n\n(b) the pattern was substantially uniform as to the number of hours\nof overtime worked; and\n(c) the worker would have continued to work overtime in\naccordance with the established pattern if the worker had not\nbeen injured.\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Gradual onset of incapacity","content":"26 Gradual onset of incapacity\n(1) This section applies if, because of the gradual onset of a worker’s\ninjury, it appears that the level of the worker’s average pre-incapacity\nweekly earnings, or average pre-incapacity weekly hours, have been\naffected.\n(2) The worker’s average pre-incapacity weekly earnings, or average pre-\nincapacity weekly hours, must be set at an amount that fairly\nrepresents the weekly amount that the worker would have been\nearning or working if the level had not been affected.\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Compensation for death or incapacity through disease","content":"27 Compensation for death or incapacity through disease\n(1) If—\n(a) a worker contracts a disease or suffers an aggravation,\nacceleration or recurrence of a disease; and\n(b) any employment of the worker by the worker’s employer was a\nsubstantial contributing factor to the contraction of the disease\nor the aggravation, acceleration or recurrence whether or not the\ndisease was contracted or the aggravation, acceleration or\nrecurrence was suffered in the course of that employment;\nsubsections (2) to (5) have effect.\n\n(2) If the worker dies or is totally or partially incapacitated for work as a\nresult of the disease, or the worker received medical treatment in\nrelation to the disease, then, for this Act, unless the contrary intention\nappears—\n(a) the contraction of the disease, or the aggravation, acceleration\nor recurrence of the disease is a personal injury to the worker\narising out of the employment of the worker by the worker’s\n(b) the date of the injury is the earliest of the following:\n(i) the date of the death;\n(ii) the date of the start of the incapacity;\n(iii) the date when the medical treatment was first received.\n(3) If a liability of an employer in relation to a disease of a worker arises\nunder this section, any other employer who, before that liability so\narising, employed the worker in any employment that caused or\ncontributed to the disease is, subject to subsection (4), liable to pay to\nthe employer from whom compensation is recoverable the\ncontribution that is, in default of agreement, settled by arbitration.\n(4) An employer is not liable under subsection (2) or (3) in relation to a\ndisease if the worker, at the time of entering the employment of that\nemployer, made a wilful and false representation that the worker did\nnot suffer, or had not previously suffered, from that disease.\n(5) A claimant for compensation under this section in relation to a\nworker’s disease must, if so required, give the employer who is liable\nto pay compensation to the claimant with the information about the\nnames and addresses of the worker’s other employers that the\nclaimant possesses.\n\n","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Employment-related diseases","content":"28 Employment-related diseases\nWithout limiting by implication the operation of section 27, if—\n(a) a worker has suffered, or is suffering from a disease, or the death\nof a worker results from a disease; and\n(b) the disease is a disease of a kind specified by regulation as a\ndisease that is related to employment of a kind so specified; and\n(c) the worker was, at any time before symptoms of the disease first\nbecame apparent, engaged in employment of that kind;\nthen, for this Act, unless the contrary is established, the employment\nin which the worker was so engaged is taken to have been a\nsubstantial contributing factor to the disease.\n","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Compensation for disease","content":"29 Compensation for disease\n(1) Any employment in which a worker who has contracted a disease was\nengaged at any time before symptoms of the disease first became\napparent is, unless the contrary is established, taken for this Act to\nhave been a substantial contributing factor to the worker’s contracting\nthe disease if the incidence of the disease among people who have\nengaged in that kind of employment is significantly greater than the\nincidence of the disease among people who have engaged in\nemployment generally in the place where the worker was ordinarily\nemployed.\n\n(2) Any employment in which a worker who has suffered an aggravation,\nacceleration or recurrence of a disease was engaged at any time before\nsymptoms of the aggravation, acceleration or recurrence first became\napparent is, unless the contrary is established, taken for this Act to\nhave been a substantial contributing factor to the aggravation,\nacceleration or recurrence if the incidence of the aggravation,\nacceleration or recurrence of the disease among people suffering from\nthe disease who have engaged in that kind of employment is\nsignificantly greater than the incidence of the aggravation,\nacceleration or recurrence of the disease among people suffering from\nthe disease who have engaged in employment generally in the place\nwhere the worker was ordinarily employed.\n(3) The death of a worker is taken for this Act to have been substantially\ncontributed to by a disease if, apart from that disease, the death of the\nworker would have happened at a significantly later time.\n(4) An incapacity for work or facial disfigurement of a worker is taken\nfor this Act to have been substantially contributed to by a disease if,\napart from the disease—\n(a) the incapacity or disfigurement would not have happened; or\n(b) the incapacity would have begun, or the disfigurement would\nhave happened, at a significantly later time; or\n(c) the extent of the incapacity or disfigurement would have been\nsignificantly less.\n(5) This section does not limit the operation of section 27.\n\n","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"2 Compensation for personal","content":"Part 4.2 Compensation for personal\ninjury\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"General entitlement to compensation for personal injury","content":"31 General entitlement to compensation for personal injury\n(1) An employer is liable to pay compensation under this Act if a worker\nof the employer suffers personal injury arising out of, or in the course\nof, the worker’s employment.\n(2) However, if the injury is caused by a disease, the injury is taken to\nhave arisen out of, or in the course of, the worker’s employment only\nif the employment substantially contributes to the injury.\n(3) Also, an injury suffered by a worker partly or completely because the\nworker had any of the following pre-existing conditions is taken to\nhave arisen out of, or in the course of, the worker’s employment only\nif the employment substantially contributes to the injury:\n(a) diseased heart valve;\n(b) coronary artery disease;\n(c) aortic aneurism;\n(d) cerebral aneurism;\n(e) any other condition prescribed by regulation for this section.\n(4) Further, this section is subject to the following provisions:\n(a) part 4.2A (Employment connection with ACT or State);\n(b) section 34 (Injury outside Australia);\n(c) part 4.8 (Exceptions to entitlements to compensation);\n(d) in relation to the entitlement to weekly compensation—\n(i) section 37 (What if the worker is dead?);\n(ii) section 113 (Compliance by workers).\n\nCompensation for personal injury Part 4.2\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Amounts of compensation under Act cumulative","content":"32 Amounts of compensation under Act cumulative\nAn amount of compensation payable under a provision of this Act in\nrelation to an injury is, unless otherwise expressly stated, in addition\nto any amount of compensation paid or payable under any other\nprovision of this Act.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Payments to people with legal disabilities","content":"33 Payments to people with legal disabilities\n(1) If compensation under this Act is payable to someone with a legal\ndisability, the Magistrates Court may make any order about the\npayment of the compensation that it considers appropriate to protect\nthe person or the person’s interests.\nperson with a mental disability means a person who is not legally\ncompetent to conduct the person’s legal affairs because of a mental\ndisability whether or not a guardian has not been appointed for the\nperson under the Guardianship and Management of Property\nAct 1991.\nsomeone with a legal disability means someone who is—\n(a) a child; or\n(b) a person with a mental disability.\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Injury outside Australia","content":"34 Injury outside Australia\nCompensation is payable in relation to an injury to a territory worker\nsuffered while the worker is outside Australia only if compensation\nwould be payable in relation to the injury if the worker suffered the\ninjury in Australia.\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"When is a worker taken to be totally incapacitated?","content":"35 When is a worker taken to be totally incapacitated?\n(1) In this Act, a worker is taken to be totally incapacitated for work if—\n(a) a doctor certifies that the worker is partially incapacitated for\nwork; and\n\n(b) the partial incapacity prevents the worker from performing the\nduties the worker performed before becoming incapacitated; and\n(c) the employer cannot provide appropriate alternative\n(d) the worker cannot find appropriate alternative employment.\n(2) For subsection (1), the worker is taken to be totally incapacitated from\nthe time when the worker became partially incapacitated until 1 of the\nfollowing happens:\n(a) the worker becomes totally incapacitated;\n(b) the employer provides the worker with appropriate alternative\nemployment;\n(c) the worker finds appropriate alternative employment.\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Journey claims","content":"36 Journey claims\n(1) A personal injury received by a worker on an employment-related\njourney is, for this Act, an injury arising out of, or in the course of,\nthe worker’s employment.\nNote Compensation may be payable for an injury arising out of, or in the course\nof, employment under s 31 (General entitlements to compensation for\npersonal injury).\n(2) The following are employment-related journeys for the worker:\n(a) a journey between the worker’s home and workplace;\n(b) a journey between the worker’s home and an educational\ninstitution that the worker is attending for an\nemployment-related purpose;\n\nCompensation for personal injury Part 4.2\n(c) a journey between the worker’s home or workplace and another\nplace if the purpose of the journey is to obtain 1 or more of the\nfollowing in relation to a previous injury for which the worker\nis entitled to compensation under this Act:\n(i) a medical certificate;\n(ii) medical advice, attention or treatment;\n(iii) compensation.\n(3) However, subsection (1) applies to an injury received during or after\na non employment-related interruption of, or deviation from, an\notherwise employment-related journey only if the risk of injury was\nnot materially increased because of the interruption or deviation.\n(4) For this section—\n(a) an employment-related journey to the worker’s home is taken to\nend at the boundary of the premises where the worker’s home is\nlocated; and\n(b) an employment-related journey from the worker’s home is taken\nto begin at the boundary of the premises where the worker’s\nhome is located.\nhome, for a worker, means the place where the worker usually lives.\nworkplace, for a worker, means the worker’s place of employment.\n\nPart 4.2A Employment connection with\nACT or State\n","sortOrder":42},{"sectionNumber":"36A","sectionType":"section","heading":"Meaning of Territory or State of connection etc","content":"36A Meaning of Territory or State of connection etc\nTerritory or State of connection, in relation to the employment of a\nworker, means—\n(a) the Territory or State with which the employment of the worker\nis connected, as determined under this part; and\n(b) if this Act mentions the Territory or State of connection\ndetermined under the law of a State for that employment—the\nState of connection for that employment, or the Territory or\nState of connection for that employment, within the meaning of\nthe law of the State.\n(2) In this part:\nemployer, in relation to a Territory or State, includes an employer\nemployment, in relation to a Territory or State, includes employment\nworker, in relation to a Territory or State, includes a worker within\nthe meaning of the workers compensation law of the Territory or\nState.\n\n","sortOrder":43},{"sectionNumber":"36B","sectionType":"section","heading":"Employment connection test","content":"36B Employment connection test\n(1) Compensation under this Act is only payable if the ACT is the\nTerritory or State of connection.\n(2) The fact that a worker is outside the ACT when injured does not\nprevent compensation being payable under this Act if the ACT is the\nTerritory or State of connection.\n(3) A worker’s employment is connected with—\n(a) the Territory or State where the worker usually works in the\nemployment; or\n(b) if no Territory or State, or no single Territory or State, is\nidentified by paragraph (a)—the Territory or State where the\nworker is usually based for the purposes of the employment; or\n(c) if no Territory or State, or no single Territory or State, is\nidentified by paragraph (a) or (b)—the Territory or State where\nthe employer’s principal place of business in Australia is\nlocated.\n(4) For a worker working on a ship, if no Territory or State, or no single\nTerritory or State, is identified by subsection (3), the worker’s\nemployment is, while working on the ship, connected with—\n(a) the Territory or State where the ship is registered; or\n(b) if the ship is registered in more than 1 Territory or State—the\nTerritory or State where the ship most recently became\nregistered.\n\n(5) If no Territory or State is identified for a worker by\nsubsection (3) or (4), the worker’s employment is connected with the\nACT if—\n(a) the worker is in the ACT when injured; and\n(b) the worker is not entitled to compensation in relation to the\ninjury under the workers compensation law of an external\nTerritory, or a place outside Australia.\n(6) In deciding whether a worker usually works in a Territory or State—\n(a) regard must be had to the following:\n(i) the worker’s work history with the employer over the\nprevious 12 months;\n(ii) the worker’s proposed future working arrangements;\n(iii) the intentions of the worker and employer;\n(iv) any period during which the worker worked in a Territory\nor State (a relevant place) or was in a relevant place for the\npurposes of employment, whether or not the worker is\nregarded as working or employed in the relevant place\nunder the workers compensation law of the relevant place;\nbut\n\n(b) regard must not be had to any temporary arrangement under\nwhich the worker works in a Territory or State for a period of\nnot longer than 6 months.\nExample—worker usually works in a single jurisdiction\nEmma is employed as an electrical trades assistant with a NSW-based employer.\nEmma performs all of her employment duties on worksites in the ACT, taking her\nown vehicle to work and providing her own tools and equipment. Emma does not\nattend her employer’s premises in NSW in the course of her day-to-day duties and\nreceives all of her instructions from the relevant project manager on sites in the\nACT.\nFor s (3) (a), Emma usually performs work for her employer in the ACT and her\nTerritory or State of connection is the ACT.\nExample—worker usually works in more than one jurisdiction\nAn employer carries on business as an interstate bus operator from premises in the\nACT. Ray is engaged by the employer as a bus driver, mainly driving buses\nbetween Canberra and Sydney, NSW, but also driving buses between Canberra and\nMelbourne, VIC. Occasionally Ray drives charter buses entirely within the ACT\nfor the employer.\nFor s (3) (a), Ray usually works in the ACT, NSW and VIC. As s (3) (a) does not\ndecide Ray’s Territory or State of connection, s (3) (b) needs to be considered.\n(7) In deciding whether a worker is usually based in a Territory or State\nregard must be had to the following:\n(a) if the employer provides a place from which the worker is\nexpected to operate—that place;\n(b) if a place is stated in the worker’s contract of employment with\nthe employer—that place;\n(c) the place from which the worker routinely receives day-to-day\ninstructions from the employer;\n(d) the place where the worker attends to collect material for the\npurposes of their employment;\n\n(e) the place where the worker reports for administrative, human\nresource and other issues related to the workers’ employment\nwith the employer.\nExample—worker usually based in a single jurisdiction\nJenny is a sales representative for XYZ. Each morning Jenny is required to attend\na warehouse in NSW to collect her employer’s products, which she is then required\nto distribute to various retail outlets in NSW and the ACT. Jenny uses a vehicle\nsupplied by her employer, which she garages at her home in NSW. At the end of\neach day Jenny is required to return any unsold merchandise to the warehouse in\nNSW.\nJenny works without day-to-day supervision. Jenny’s immediate manager is\nlocated in XYZ’s ACT office and is the person to whom she is required to send\nreports and time sheets and to whom she reports verbally by telephone from time\nto time.\nJenny sends all written correspondence to her manager via a fax located at her home\nin NSW. All invoice books which Jenny needs to carry out her duties are mailed\nto her home in NSW from where she prepared all documentation related to her\nemployment.\nFor s (3) (b), Jenny is usually based in NSW for the purposes of her employment\nwith XYZ. The employer’s NSW warehouse is the place provided by XYZ that\nJenny is expected to operate from.\nExample—worker is usually based in more than one jurisdiction\nPaul is employed by an interstate trucking company that transports textiles across\nAustralia. Paul is supplied with a truck for the purposes of his employment and is\npermitted to garage it at his home in the ACT while not in use.\nPaul transports goods between the ACT, NSW and QLD. His contract of\nemployment states that he is employed to undertake transporting services across\neach of these jurisdictions.\nPaul routinely receives instructions from each of the depots he stops at in the ACT,\nNSW and QLD and receives ad hoc instructions via radio while in transit.\nFor s (3) (b), Paul is not usually based in any single Territory or State. As s (3) (b)\ndoes not decide Paul’s Territory or State of connection, s (3) (c) needs to be\nconsidered.\n(8) In deciding where the employer’s principle place of business in\nAustralia is located regard must be had to the following:\n(a) the place where the employer conducts the main part or majority\nof its business;\n\n(b) the address registered on the Australian Business Register in\nconnection with the employer’s ABN;\n(c) if the employer is not registered for an ABN—the Territory or\nState registered by ASIC as the jurisdiction in which the\nemployer’s business or trade is carried out;\n(d) if the employer is not registered for an ABN or with ASIC—the\nemployer’s business mailing address.\n(9) Compensation under this Act is not payable in relation to the\nemployment of a worker on a ship if the Seafarers Rehabilitation and\nCompensation Act 1992 (Cwlth) applies to the worker’s employment.\n(10) In this section:\nABN—see the A New Tax System (Australian Business Number)\nAct 1999 (Cwlth), section 41.\nASIC means the Australian Securities and Investments Commission\nunder the Australian Securities and Investments Commission\nAct 2001 (Cwlth).\nAustralian Business Register—see the A New Tax System\n(Australian Business Number) Act 1999 (Cwlth), section 41.\nship means any kind of vessel used in navigation by water, however\npropelled or moved, and includes all of the following if used wholly\nor primarily in navigation by water:\n(a) a barge, lighter or other floating vessel;\n(b) an air-cushioned vehicle, or other similar craft.\nTerritory or State, in a geographical sense, includes a Territory’s or\nState’s relevant adjacent area as described in schedule 2.\n\n","sortOrder":44},{"sectionNumber":"36C","sectionType":"section","heading":"Determination of Territory or State of connection in","content":"36C Determination of Territory or State of connection in\nworkers compensation proceedings\n(1) If the question of whether the ACT is the Territory or State of\nconnection arises in a proceeding in a court in relation to a claim for\ncompensation under this Act, the court must determine the Territory\nor State of connection in accordance with section 36B (Employment\nconnection test).\n(2) Subsection (1) does not apply if there is a determination of the\nTerritory or State of connection that is to be recognised under section\n36E (Recognition of previous determinations of Territory or State of\nconnection).\n","sortOrder":45},{"sectionNumber":"36D","sectionType":"section","heading":"Determination of Territory or State of connection by","content":"36D Determination of Territory or State of connection by\nMagistrates Court\n(1) If a claim for compensation under this Act has been made, a party to\nthe claim may apply to the Magistrates Court for a determination of\nthe question of which Territory or State is the Territory or State of\nconnection.\n(2) The Magistrates Court must determine the Territory or State of\nconnection in accordance with section 36B (Employment connection\ntest).\n(3) However, an application may not be made or heard if there is a\ndetermination of the Territory or State of connection that is to be\nrecognised under section 36E.\n","sortOrder":46},{"sectionNumber":"36E","sectionType":"section","heading":"Recognition of previous determinations of Territory or","content":"36E Recognition of previous determinations of Territory or\nState of connection\n(1) This section applies if a determination of the Territory or State of\nconnection has been made by any of the following courts or tribunals:\n(a) an ACT court under section 36C or 36D;\n\n(b) a court or tribunal of a State under a provision of a law of the\nState corresponding to section 36C or 36D;\n(c) an ACT court or a court of a State in a proceeding on a damages\nclaim to which part 9.2 (Choice of law) applies, or to which\nprovisions of a law of a State corresponding to part 9.2 apply.\n(2) The Territory or State determined as mentioned in subsection (1) is\nto be recognised for this Act as the Territory or State of connection.\n(3) This section does not prevent any appeal relating to a determination\nof a court.\n(4) If a determination is changed on appeal to a court, the changed\ndetermination is to be recognised under this section.\n","sortOrder":47},{"sectionNumber":"36F","sectionType":"section","heading":"No ACT compensation if external compensation received","content":"36F No ACT compensation if external compensation received\n(1) Compensation under this Act (ACT compensation) is not payable in\nrelation to a worker’s injury to the extent that compensation (external\ncompensation) under the workers compensation law of an external\nTerritory or a place outside Australia has been received in relation to\nthe same injury.\n(2) If a person receives ACT compensation from an employer in relation\nto a worker’s injury and later receives external compensation in\nrelation to the same injury, the employer is entitled to recover from\nthe person the recoverable amount.\n(3) For subsection (2), the lesser of the following amounts is the\nrecoverable amount:\n(a) the amount of ACT compensation;\n(b) the amount of external compensation.\n\n(4) If an amount of ACT compensation is paid in relation to a lump sum\nclaim, subsection (3) (a) applies as if the reference to the amount of\nACT compensation paid by the employer included a reference to any\nlegal costs as between party and party that the employer is liable to\npay in relation to the claim.\n(5) An employer cannot recover an amount under this section in relation\nto an injury if the employer has recovered an amount under\nsection 184 (No compensation if damages received) in relation to the\nsame injury.\n\n","sortOrder":48},{"sectionNumber":"36G","sectionType":"section","heading":"Definitions—pt 4.3","content":"36G Definitions—pt 4.3\ninitial incapacity date, for a worker in relation to an injury that causes\nincapacity or death, means—\n(a) the date the worker first becomes incapacitated (whether totally\nor partially) for work because of the injury;\n(b) if the worker is dead and the death was not preceded by a period\nof incapacity for work—the date of the worker’s death.\npension age, for a worker, has the meaning given by the Social\nSecurity Act 1991 (Cwlth), section 23 (5A), (5B), (5C) and (5D).\nstatutory floor means the national minimum wage set by a national\nminimum wage order in an annual wage review by the Fair Work\nCommission under the Fair Work Act 2009 (Cwlth).\nweekly compensation, for a worker, means compensation to which\nthe worker is entitled under section 39 (Entitlement to weekly\ncompensation for first 26 weeks of incapacity) or section 40\n(Entitlement to weekly compensation after first 26 weeks of\nincapacity).\nannual wage review—see the Fair Work Act 2009 (Cwlth),\nsection 285 (1).\nFair Work Commission—see the Fair Work Act 2009 (Cwlth),\nsection 12.\nnational minimum wage order—see the Fair Work Act 2009\n(Cwlth), section 12.\n\n","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"What if the worker is dead?","content":"37 What if the worker is dead?\n(1) A worker is not entitled to weekly compensation if the worker is dead.\n(2) However, this section does not affect an entitlement to weekly\ncompensation that accrued before the worker’s death.\n","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"When do weekly compensation payments begin etc?","content":"38 When do weekly compensation payments begin etc?\n(1) If the worker is or may be entitled to compensation for a compensable\n(a) the payment of weekly compensation must begin when the\nworker gives notice of the injury to the employer; and\n(b) the worker is or may be entitled to weekly compensation from\nthe date of the injury.\nNote An employer is liable to pay compensation if the employer’s worker\nsuffers personal injury arising out of, or in the course of, the worker’s\nemployment (see s 31 (1)).\n(2) However, if, at the end of 7 days after the date of the injury, the\nworker has not made a claim for compensation—\n(a) payment of weekly compensation ends; and\n(b) the worker is not entitled to weekly compensation for the injury\nfor the period—\n(i) beginning on the day 8 days after the date of the injury; and\n(ii) ending on the day before the day the worker makes a claim\nfor the injury.\n(3) Subsection (2) does not apply in relation to the worker if—\n(a) the worker cannot make a claim before the end of the 7-day\nperiod because of the injury; and\n(b) the worker makes the claim not later than 7 days after the day\nthe worker is first able to make the claim.\n\n(4) An employer commits an offence if the employer—\n(a) is required under subsection (1) to begin the payment of workers\ncompensation to a worker; and\n(b) fails to comply with the requirement.\n","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Entitlement to weekly compensation for first 26 weeks of","content":"39 Entitlement to weekly compensation for first 26 weeks of\nincapacity\n(1) This section applies if a worker is incapacitated (whether totally or\npartially) because of a compensable injury.\n(2) The worker is entitled to receive weekly compensation under this\nsection for any period on or after the initial incapacity date that the\nworker is incapacitated because of the injury.\n(3) However, the worker is not entitled to weekly compensation under\nthis section for the injury—\n(a) for a period of longer than, or for periods (whether or not\ncontinuous) totalling more than, 26 weeks; or\n(b) if the worker was, on the initial incapacity date for the injury,\nyounger than the pension age by more than 2 years—for any\nperiod after the worker reaches pension age; or\n(c) if the worker was, on the initial incapacity date for the injury,\nyounger than the pension age by 2 years or less—for any period\nmore than 2 years after the initial incapacity date; or\n(d) if the worker was, on the initial incapacity date for the injury,\npension age or older—for any period more than 2 years after the\ninitial incapacity date.\n\n(4) The worker’s entitlement under this section is worked out as follows:\n(a) for any period during which the person is totally incapacitated\nduring the period of entitlement—the worker’s average\npre-incapacity weekly earnings;\n(b) for any period during which the person is partially incapacitated\nduring the period of entitlement—the difference between—\n(i) the worker’s average pre-incapacity weekly earnings; and\n(ii) the average weekly amount that the worker is being paid\nfor working or could earn in reasonably available suitable\nemployment.\n(5) For this section, in working out the average weekly amount the\nworker could earn, consideration may be given to the following:\n(a) suitable employment that the worker unreasonably rejects;\n(b) suitable employment that the worker obtains but unreasonably\ndiscontinues.\n","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Entitlement to weekly compensation after first 26 weeks","content":"40 Entitlement to weekly compensation after first 26 weeks\nof incapacity\n(a) a worker is incapacitated (whether totally or partially) because\nof a compensable injury; and\n(b) the worker has received weekly compensation under section 39\nfor the injury for a period of, or periods (whether or not\ncontinuous) totalling, 26 weeks.\n(2) The worker is entitled to receive weekly compensation under\nsection 41 (Entitlement to weekly compensation after 26 weeks of\ntotal incapacity) for any period after the 26-week period when the\nworker is totally incapacitated.\n\n(3) The worker is entitled to receive weekly compensation under\nsection 42 (Entitlement to weekly compensation after 26 weeks of\npartial incapacity) for any period after the 26-week period when the\nworker is partially incapacitated.\n(4) However, the worker is not entitled to weekly compensation for the\n(a) if the worker was, on the initial incapacity date for the injury,\nyounger than the pension age by more than 2 years—for any\nperiod after the worker reaches pension age; or\n(b) if the worker was, on the initial incapacity date for the injury,\nyounger than the pension age by 2 years or less—for any period\nmore than 2 years after the initial incapacity date; or\n(c) if the worker was, on the initial incapacity date for the injury,\npension age or older—for any period more than 2 years after the\ninitial incapacity date.\n","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Entitlement to weekly compensation after 26 weeks of","content":"41 Entitlement to weekly compensation after 26 weeks of\ntotal incapacity\n(1) If a worker is entitled to receive weekly compensation under this\nsection for a period, the worker is entitled to receive weekly\ncompensation equal to—\n(a) if 100% of the worker’s average pre-incapacity weekly earnings\nis less than the pre-incapacity floor for the worker—100% of the\nworker’s average pre-incapacity weekly earnings; or\n(b) if 100% of the worker’s average pre-incapacity weekly earnings\nis more, but 65% of those earnings is less, than the\npre-incapacity floor for the worker—the statutory floor; or\n\n(c) if 65% of the worker’s average pre-incapacity weekly earnings\nis more than the pre-incapacity floor for the worker—whichever\nof the following is (at the time of payment) more:\n(i) 65% of the worker’s average pre-incapacity weekly\nearnings;\n(ii) the statutory floor.\nExample for par (c)\nJim is injured at work and totally incapacitated for 14 weeks. After\nunsuccessfully attempting a return to work for 3 days, Jim is totally\nincapacitated for another 18 weeks. Jim is entitled under section 39 to\ncompensation equal to his average pre-incapacity weekly earnings for the\n14 weeks and the next 12 weeks of his total incapacity (making a total of\n26 weeks not including the 3 days return to work). He is then entitled to be\npaid 65% of his pre-incapacity weekly earnings (or the statutory floor, if\nmore at the time of payment) for the remaining period (6 weeks) he is totally\nincapacitated.\npre-incapacity floor, for a worker, means the statutory floor that\napplied immediately before the initial incapacity date for the worker\nin relation to the injury.\n","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Entitlement to weekly compensation after 26 weeks of","content":"42 Entitlement to weekly compensation after 26 weeks of\npartial incapacity\n(1) If a worker is entitled to receive weekly compensation under this\nsection for a period, the worker is entitled to receive weekly\ncompensation equal to the difference between the weekly amount the\nworker is being paid for working or could earn in reasonably available\nsuitable employment and—\n(a) if 100% of the worker’s average pre-incapacity weekly earnings\nis less than the statutory floor—100% of the worker’s average\npre-incapacity weekly earnings; or\n\n(b) if the relevant percentage of the worker’s average pre-incapacity\nweekly earnings is less than the statutory floor—the statutory\nfloor; or\n(c) if the relevant percentage of the worker’s average pre-incapacity\nweekly earnings is more than the statutory ceiling—the statutory\nceiling; or\n(d) in any other case—the relevant percentage of the worker’s\naverage pre-incapacity weekly earnings.\n(2) For this section, the relevant percentage is—\n(a) if the worker is not working or works 25% of the worker’s\naverage pre-incapacity weekly hours or less—65%; or\n(b) if the worker is working more than 25% of the worker’s average\npre-incapacity weekly hours but not more than 50%—75%; or\n(c) if the worker is working more than 50% of the worker’s average\npre-incapacity weekly hours but not more than 75%—85%; or\n(d) if the worker is working more than 75% of the worker’s average\npre-incapacity weekly hours but not more than 85%—95%; or\n(e) if the worker is working more than 85% of the worker’s average\npre-incapacity weekly hours—100%.\n1 Bronwyn injures herself at work in her full-time job. Bronwyn’s injury causes\nher to become partially incapacitated and prevents her from fulfilling her\nnormal duties over normal work hours for 28 weeks. In those 28 weeks,\nBronwyn works, on average, 50% of her pre-incapacity weekly hours.\nBronwyn returns to normal duties for 4 weeks but suffers from a relapse,\nbecoming partially incapacitated again and staying that way for a further\n7 weeks. Bronwyn’s employer is required to pay Bronwyn her wage for the\ntime she has worked during the 35 weeks of partial incapacity. Bronwyn is\nalso entitled to the following weekly compensation:\n(a) weekly compensation equal to the amount she has lost in wages for the\nfirst 26 weeks of reduced hours work;\n\n(b) weekly compensation for the remaining 9 weeks of working on reduced\nhours equal to the difference between the weekly amount Bronwyn is\nbeing paid for working and the statutory ceiling (because Bronwyn is\nearning more than 150% of AWE at the time the compensation is being\npaid).\n2 Nicholas works full time in a job that pays him an amount equivalent to the\nstatutory floor. Nicholas injures himself at work and is totally incapacitated\nfor 6 weeks and partially incapacitated for 26 weeks. Nicholas is advised he\ncould work on light duties for 3 weeks of the partial incapacity period.\nHowever, suitable employment is not provided for this period. Nicholas’\ncondition improves to the point where he returns to work on a part-time basis\nand works 20% of his average pre-incapacity hours for 10 weeks. Nicholas’\ncondition further improves to the point where he works on average 60% of his\npre-incapacity weekly hours for the last 13 weeks of partial incapacity.\nNicholas’ entitlements are as follows:\n(a) the following amounts for wages (paid to Nicholas by his employer) for\nthe time he has worked during the 35 weeks of partial incapacity:\n(i) for the first 3 weeks when Nicolas suffers from partial incapacity\nbut is capable of undertaking suitable work and is not provided\nwith it—nothing;\n(ii) 20% of his normal pre-incapacity earnings for the next 10 weeks\nof partial incapacity;\n(iii) 60% of his normal pre-incapacity earnings for the last 13 weeks\nof partial incapacity;\n(b) the following amounts for weekly compensation:\n(i) for the initial 6 weeks he is totally incapacitated—compensation\nequal to his average pre-incapacity weekly earnings;\n(ii) for the first 3 weeks of partial incapacity when he is capable of\nundertaking suitable work but is not provided with it—100% of\nhis normal pre-incapacity earnings;\n(iii) for the next 17 weeks of partial incapacity—the difference\nbetween the average weekly amount that Nicholas is paid for\nworking and his pre-incapacity earnings;\n(iv) for the remaining 6 weeks—the difference between the statutory\nfloor (because Nicholas is paid at the same rate as the statutory\nfloor) and the amount that Nicholas is paid for working.\n\n(3) For this section, in working out the average weekly amount the\nworker could earn, consideration may be given to the following:\n(a) suitable employment that the worker unreasonably rejects;\n(b) suitable employment that the worker obtains but unreasonably\ndiscontinues.\nstatutory ceiling, in relation to an amount, means 150% of AWE at\nthe time the amount is to be paid.\n","sortOrder":55},{"sectionNumber":"43","sectionType":"section","heading":"Stopping payments for total incapacity","content":"43 Stopping payments for total incapacity\n(1) A worker stops being entitled to weekly compensation for total\nincapacity for a compensable injury at the earliest of the following\ntimes:\n(a) when the worker stops being totally incapacitated because of the\ninjury;\n(b) when the worker returns to work;\n(c) when the worker dies.\n(2) However, if the worker stops being entitled to weekly compensation\nunder subsection (1) (a) or (b), the worker may again become entitled\nto weekly compensation for the compensable injury if the worker\nagain becomes totally or partially incapacitated because of the injury.\n","sortOrder":56},{"sectionNumber":"43A","sectionType":"section","heading":"Stopping payments for partial incapacity","content":"43A Stopping payments for partial incapacity\n(1) A worker stops being entitled to weekly compensation for partial\nincapacity for a compensable injury at the earliest of the following\ntimes:\n(a) when the worker stops being partially incapacitated because of\nthe injury;\n(b) when the worker dies.\n\n(2) However, if the worker stops being entitled to weekly compensation\nunder subsection (1) (a), the worker may again become entitled to\nweekly compensation if the worker again becomes totally or partially\nincapacitated because of the compensable injury.\n","sortOrder":57},{"sectionNumber":"43B","sectionType":"section","heading":"Effect on payment period of loss of entitlement to weekly","content":"43B Effect on payment period of loss of entitlement to weekly\n(1) This section applies if a worker would be entitled to weekly\ncompensation under section 39 (Entitlement to weekly compensation\nfor first 26 weeks of incapacity) or section 40 (Entitlement to weekly\ncompensation after first 26 weeks incapacity) if payment of the\ncompensation had not been stopped under section 83 (No\ncompensation while imprisoned) or section 113 (Compliance by\nworkers).\n(2) The period when the worker’s entitlement is stopped is counted as\npart of the 26-week period mentioned in section 39 and section 40 as\nif payment of compensation had not been stopped.\n","sortOrder":58},{"sectionNumber":"44","sectionType":"section","heading":"Living outside Australia","content":"44 Living outside Australia\n(1) A worker who is otherwise entitled to receive weekly compensation\nis not entitled to the compensation if the worker stops living in\nAustralia.\n(2) Subsection (1) does not apply to the worker if—\n(a) the incapacity resulting from the injury is likely to be permanent;\nor\n(b) the worker’s absence from Australia is likely to help the worker\nrecuperate.\n\n","sortOrder":59},{"sectionNumber":"45","sectionType":"section","heading":"Effect of living outside Australia if compensation still","content":"45 Effect of living outside Australia if compensation still\n(1) This section applies if the worker lives outside Australia but is, apart\nfrom this section, still entitled to weekly compensation.\nNote A worker living outside Australia is still entitled to compensation if\ns 44 (2) applies to the worker.\n(2) The worker is not entitled to weekly compensation, but is entitled to\nreceive quarterly the amount of the weekly compensation payable\nduring the previous quarter.\n(3) However, the worker is entitled to receive quarterly payment of\ncompensation only if the worker proves the worker’s identity and that\nthe worker continues to be incapacitated by the incapacity in relation\nto which the weekly compensation is payable.\n","sortOrder":60},{"sectionNumber":"46","sectionType":"section","heading":"Effect of payment of weekly compensation on other","content":"46 Effect of payment of weekly compensation on other\nbenefits etc\n(1) A worker is entitled to take or accrue annual leave and long service\nleave under a law in force in the ACT during a period in relation to\nwhich the worker is entitled to weekly compensation.\nNote This provision removes the restriction under the Fair Work Act 2009\n(Cwlth), s 130 (1) on taking or accruing annual leave or long service leave\nduring a period the employee is entitled to weekly compensation.\n(2) This part is not intended to affect any other entitlement of a worker\nto a benefit or payment (that is not leave) under any other law in force\nin the ACT.\n","sortOrder":61},{"sectionNumber":"47","sectionType":"section","heading":"No assignment etc of weekly compensation","content":"47 No assignment etc of weekly compensation\nWeekly compensation (including compensation payable under\nsection 45 (Effect of living outside Australia if compensation still\npayable)) may not—\n(a) be assigned, charged or attached; and\n\n(b) pass to anyone else by operation of law; and\n(c) have a claim set off against it.\n\nPart 4.4 Compensation for permanent\ninjuries\n","sortOrder":62},{"sectionNumber":"48","sectionType":"section","heading":"Meaning of loss","content":"48 Meaning of loss\nloss, in relation to a thing—\n(a) means—\n(i) the loss of the thing; or\n(ii) the permanent loss of the use, or efficient use, of the thing;\nand\n(b) includes the following:\n(i) permanent musculoskeletal impairment, or another\npermanent impairment;\n(ii) a loss, damage, impairment, disfigurement or disease\nmentioned in schedule 1 (Compensation for permanent\ninjuries).\n","sortOrder":63},{"sectionNumber":"49","sectionType":"section","heading":"Meaning of single loss amount","content":"49 Meaning of single loss amount\nsingle loss amount means $100 000 cpi indexed.\n","sortOrder":64},{"sectionNumber":"50","sectionType":"section","heading":"Meaning of maximum loss amount","content":"50 Meaning of maximum loss amount\nmaximum loss amount means $150 000 cpi indexed.\n\n","sortOrder":65},{"sectionNumber":"51","sectionType":"section","heading":"Compensation for permanent injuries generally","content":"51 Compensation for permanent injuries generally\n(1) A worker who has suffered a loss mentioned in an item of schedule 1\nas the result of a compensable injury is entitled to receive from the\nworker’s employer, as compensation for the loss, the percentage of\nthe single loss amount mentioned in that item.\n(2) For this section, the loss is to be worked out when the last of the\nfollowing happens:\n(a) the worker’s employer became liable to pay compensation;\n(b) it is unlikely that there will be an improvement or further\nimprovement in the use, or efficient use, of the injured part of\nthe body.\n(3) If a payment of compensation under this part has been made in\nrelation to an injury, nothing prevents a further payment of\ncompensation under this part from being made in relation to the same\ninjury if there is an increase in the loss of the efficient use of the\ninjured part of the body.\nExample of loss of efficient use of injured part of body\na loss, or further loss, of sight in an injured eye\n","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Compensation for 2 or more losses","content":"53 Compensation for 2 or more losses\nA worker who has suffered 2 or more losses mentioned in schedule 1\n(Compensation for permanent injuries) because of an injury is not\nentitled to receive as compensation under this part more than the\nmaximum loss amount for the losses.\n","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Compensation and left-handedness","content":"54 Compensation and left-handedness\nIf a worker’s left arm or hand is the worker’s dominant limb, in\nworking out the loss for the worker—\n(a) the loss of the worker’s left arm, left hand or fingers of left hand\nis to be compensated as if it is the loss of the worker’s right arm,\nright hand or fingers of right hand; and\n\n(b) the loss of the worker’s right arm, right hand or fingers of right\nhand is to be compensated as if it is the loss of the worker’s left\narm, left hand or fingers of left hand.\n","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"Compensation for combination of items","content":"55 Compensation for combination of items\nIf a loss (other than the impairment of the back, neck or pelvis) may\nbe compensated by a combination of items in schedule 1\n(Compensation for permanent injuries) or by a proportionate loss of\na single item, the loss is to be compensated by a proportionate loss of\nthe single item.\n1 Loss of 2 or more fingers is to be compensated as a proportionate loss of the\nhand.\n2 Loss of a hand includes the loss of the thumb and other fingers of the hand and\nis to be compensated as a loss, or proportionate loss, of the hand.\n3 Loss of an arm at or above the elbow includes the loss of the arm below the\nelbow and loss of the hand and is to be compensated as a loss, or a\nproportionate loss, of the arm at or above the elbow.\n4 Loss of a leg at or above the knee includes the loss of the leg below the knee\nand loss of the foot and is to be compensated as a loss, or a proportionate loss,\nof the leg at or above the knee.\n5 Loss of a leg below the knee includes the loss of the foot and is to be\ncompensated as a loss, or a proportionate loss, of the leg below the knee.\n","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"Compensation for only arm, leg, hand or foot","content":"56 Compensation for only arm, leg, hand or foot\nLoss of an only arm, leg, hand or foot is treated under schedule 1 as\nthe loss of both arms, legs, hands or feet.\n","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Compensation for loss of sexual organs","content":"57 Compensation for loss of sexual organs\nThe following percentages of the single loss amount are payable for\nthe loss of sexual organs (subject to the maximum percentage of 47%\nand without limiting compensation for the loss of another sexual\norgan):\n(a) the percentage payable for loss of the penis is 47%;\n\n(b) the percentage payable for loss of 1 testicle is 10%;\n(c) the percentage payable for loss of 2 testicles or an only testicle\nis 47%.\n","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Loss of bowel function","content":"58 Loss of bowel function\nTo work out whether and to what extent a worker has suffered\npermanent loss of bowel function—\n(a) the bowel is taken to include the anal sphincter; and\n(b) permanent ileostomy and permanent colostomy are each taken\nto constitute permanent loss of bowel function for which the\nmaximum percentage is payable.\n","sortOrder":72},{"sectionNumber":"59","sectionType":"section","heading":"Proportionate loss of use","content":"59 Proportionate loss of use\n(1) If a loss suffered by a worker consists of the loss of a proportion, but\nnot all, of a thing mentioned in schedule 1 (Compensation for\npermanent injuries), a percentage of the compensation payable for the\ntotal loss of the thing equal to the percentage lost by the worker is\npayable as compensation under section 51 (Compensation for\npermanent injuries generally).\n(2) In working out the extent of the loss of the thing, the extent to which\nthe loss, or the effect of the loss, may be reduced or limited by an\nexternal removable aid or appliance is not to be taken into account.\n(3) The amount of compensation payable for a particular case must,\nunless decided by agreement, be worked out by conciliation or\narbitration under this Act.\n\n","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Deduction for previous injury or pre-existing condition","content":"61 Deduction for previous injury or pre-existing condition\n(1) In working out the compensation payable under this part for a loss\n(the initial loss), an amount must be deducted from the compensation\n(the deductible proportion) for any proportion of the loss attributable\nto—\n(a) a previous injury (whether or not it is an injury for which\ncompensation has been paid, or is payable, under this part); or\n(b) a pre-existing condition or abnormality.\n(2) In subsection (1), it does not matter whether the initial loss is a total\nor partial loss.\n(3) If there is a deductible proportion for a loss but the extent of the\ndeductible proportion (or a part of it) will be difficult or costly to work\nout, it is to be assumed that the deductible proportion for the loss (or\nthe relevant part of the loss) is 10% of the loss, unless this assumption\nis contrary to the available evidence.\nIf this subsection requires it to be assumed that the deductible proportion in relation\nto a particular loss is 10% and the loss is 30% of the loss of the use of the right arm,\nthe deductible proportion for the loss is 3% (that is, 10% of 30%).\n(4) However, section 63 must be used to work out how much (if any) of\na worker’s hearing loss is caused by age.\n","sortOrder":74},{"sectionNumber":"62","sectionType":"section","heading":"Further loss and deductible proportions","content":"62 Further loss and deductible proportions\n(1) This section applies in working out the compensation payable for a\nfurther loss (the further loss) resulting from an initial loss.\n(2) An amount proportionate to the deductible proportion of the initial\nloss must be deducted from the compensation payable for the further\nloss.\n(3) A deduction under subsection (2) in relation to a further loss is in\naddition to, not in substitution for, any deductible proportion for the\nfurther loss.\n\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Loss of hearing because of age","content":"63 Loss of hearing because of age\n(1) This section applies in working out the percentage of the decrease of\nhearing in relation to boilermakers deafness of a worker who is the\nprescribed age or older, but does not apply to total hearing loss in\neither of the worker’s ears.\n(2) For this part, it is to be conclusively presumed that the worker’s loss\nof hearing to be attributed to loss of hearing because of age is 0.5\ndecibels for each complete year of the worker’s age over the\nprescribed age.\nprescribed age means—\n(a) for a male—55 years old; or\n(b) for a female—65 years old.\n","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"No compensation for less than 6% hearing loss","content":"64 No compensation for less than 6% hearing loss\n(1) A worker is not entitled to compensation under section 51\n(Compensation for permanent injuries generally) for a loss of hearing\nbecause of boilermakers deafness (the hearing loss) if the worker’s\ntotal hearing loss is less than 6%.\n(2) However, the worker is entitled to compensation for the hearing loss\nif the total hearing loss reaches 6% or more.\nAssume all hearing losses mentioned in this example are because of boilermakers\ndeafness.\nA worker suffers a hearing loss of 3% (the first hearing loss that the worker has\nsuffered). No compensation is payable under section 51 for the loss because it is\nless than 6%, although notice of injury may be given or a claim may be made for\nthe hearing loss.\n\nThe worker suffers a further hearing loss of 6%, bringing the total loss to 9%. The\ntotal loss has now passed the 6% threshold and compensation is payable for the full\n9%. Compensation for the initial 3% hearing loss will be payable by the earlier\nemployer if the worker made a claim or gave notice of injury for the initial hearing\nloss.\nThe worker suffers a further hearing loss of 6%. The worker is entitled in the usual\nway to compensation for the 6% further loss because the 6% threshold has already\nbeen passed (the total loss is now 15%).\nNote Pt 5.3 (Obligations on injury) and ch 6 (Claims) apply to a hearing loss\neven if it is not immediately compensable because of this section.\n(3) In working out the percentage hearing loss because of boilermakers\ndeafness, the loss of hearing is to be worked out as a proportionate\nloss of hearing of both ears, even if the loss is in 1 ear only.\n(4) A lawyer or agent who acts for a worker on a claim for compensation\nfor loss of hearing because of boilermakers deafness is not entitled to\nrecover costs from the worker or the employer in relation to the claim\nif no compensation is payable on the claim because the worker’s total\nhearing loss is less than 6%.\ntotal hearing loss means the total of the present loss and all previous\nlosses of hearing because of boilermakers deafness.\n","sortOrder":77},{"sectionNumber":"65","sectionType":"section","heading":"Presumption to be drawn from refusal to submit to","content":"65 Presumption to be drawn from refusal to submit to\nhearing examination\n(1) This section applies to a worker with a claim for which no\ncompensation is payable because of section 64.\n(2) If the worker fails to allow themself to be examined as required under\nthe worker’s personal injury plan, or obstructs the examination, it is\npresumed in the absence of evidence to the contrary that the worker\nhas no hearing loss because of boilermakers deafness.\n\n","sortOrder":78},{"sectionNumber":"66","sectionType":"section","heading":"Employer’s responsibility to pay for hearing loss tests","content":"66 Employer’s responsibility to pay for hearing loss tests\n(1) If an employer would, apart from section 64 (No compensation for\nless than 6% hearing loss), be liable to pay compensation under\nsection 51 (Compensation for permanent injuries generally) for a\nworker’s hearing, the employer is liable under this chapter to pay the\ncost of only the following hearing tests for the loss:\n(a) a test carried out at least 3 years after any previous test that the\nemployer has paid for;\n(b) a test that finds that the worker has suffered a total hearing loss\nbecause of boilermakers deafness of 6% or more;\n(c) a test carried out after the worker has left the worker’s\nemployment with the employer if the hearing loss is attributable\nto the employment;\n(d) a test carried out by a doctor, or audiologist, using an audiogram\nto work out the level of hearing loss.\n(2) The cost of a hearing test for the worker is the cost of obtaining a\nmedical certificate, and any examination required for the certificate,\nabout the extent of the worker’s hearing loss.\n(3) This section does not require payment by an employer for the cost of\nobtaining a hearing test that the employer would not otherwise be\nliable to pay for under this chapter.\ntotal hearing loss means the total of the present loss and all previous\nlosses of hearing because of boilermakers deafness.\n","sortOrder":79},{"sectionNumber":"67","sectionType":"section","heading":"Reimbursement for costs of medical certificate and","content":"67 Reimbursement for costs of medical certificate and\nexamination\n(1) Obtaining a medical certificate, and any examination required for the\ncertificate, is taken to be medical or related treatment for this chapter\nif the worker gives the employer a copy of the certificate.\n\nmedical certificate means a report or certificate, from a doctor, that\ncomplies with the requirements for medical assessments prescribed\nby regulation and that certifies—\n(a) that a worker has suffered a loss mentioned in schedule 1\n(Compensation for permanent injuries); or\n(b) the extent of the loss to allow the amount of compensation\npayable for the loss to be worked out.\n","sortOrder":80},{"sectionNumber":"68","sectionType":"section","heading":"Limited entitlement if death happens within 3 months","content":"68 Limited entitlement if death happens within 3 months\n(a) a worker has received a compensable injury; and\n(b) the worker dies within 3 months after receiving the compensable\ninjury because of the compensable injury or another injury\nreceived at the same time.\n(2) The worker is not entitled to receive compensation for the\ncompensable injury under the following items of schedule 1\n(Compensation for permanent injuries):\n(a) item 2 (loss of sense of taste or smell);\n(b) item 3 (loss of senses of taste and smell);\n(c) item 41 (loss of sexual organs);\n(d) item 42 (loss of both breasts);\n(e) item 43 (loss of 1 breast);\n(f) item 44 (permanent and total loss of capacity to engage in sexual\nintercourse);\n(g) item 49 (severe facial disfigurement);\n(h) item 50 (severe bodily disfigurement).\n\nPart 4.5 Compensation for medical\ntreatment, damage and other\ncosts\n","sortOrder":81},{"sectionNumber":"69","sectionType":"section","heading":"Application—pt 4.5","content":"69 Application—pt 4.5\nThis part applies if—\n(a) compensation under this Act is payable by an employer to, or in\nrelation to, a worker in relation to an injury; or\n(b) the operation of section 64 (No compensation for less than 6%\nhearing loss) means no compensation is payable by an employer\nto, or in relation to, a worker in relation to an injury; or\n(c) compensation would be payable by an employer to, or in relation\nto, a worker in relation to an injury except that—\n(i) the worker is not incapacitated for work; or\n(ii) the worker is imprisoned (see section 83); or\n(iii) weekly compensation has been suspended under\nsection 113 (Compliance by workers); or\n(iv) the worker has contravened this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see\nLegislation Act, s 104).\n\n","sortOrder":82},{"sectionNumber":"70","sectionType":"section","heading":"Employer liability for medical treatment etc","content":"70 Employer liability for medical treatment etc\n(1) The employer is liable to pay—\n(a) in relation to the cost of medical treatment reasonably received\nin relation to the injury—an amount of compensation\nappropriate for the provision of the medical treatment, having\nregard to the charges customarily made for similar medical\ntreatment where the treatment is received; and\n(b) in relation to the cost of alteration to the worker’s place of\nresidence—the cost of the alteration if—\n(i) the worker has an impairment as a result of the injury; and\n(ii) the worker has received, or is receiving, medical treatment\nin relation to the injury; and\n(iii) the alteration is reasonably required by the worker in\nrelation to the worker’s impairment; and\nNote See also s 73A and s 73B.\n(c) in relation to the cost of rehabilitation services received by the\nworker in relation to the injury under the worker’s personal\ninjury plan—the cost of the services in accordance with the plan;\nand\n(d) in relation to any damage to, or loss of, the worker’s clothing\nsustained in association with the injury—compensation of a\nreasonable amount for the repair or replacement of the damaged\nor lost clothing.\nNote 1 Rehabilitation services include training and retraining services—see the\ndictionary, def rehabilitation services.\nNote 2 Ch 5 deals with personal injury plans.\n\n(2) However, the total amount payable under subsection (1) for each of\nthe following must not be more than the maximum amount:\n(a) for the cost of medical treatment consisting of the repair or\nreplacement of a worker’s contact lenses, crutches, prosthesis,\nspectacles or other artificial aid;\n(b) for damage to or loss of a worker’s clothing.\n(3) Despite subsection (1) (a), (b) and (c), the employer is not liable to\npay the costs of any treatment and care needs, or excluded treatment\nand care, of the worker—\n(a) if the worker is a participant in the LTCS scheme—\n(i) that relate to the injury for which the worker is a participant\nin the scheme; and\n(ii) that arise while the worker is a participant in the scheme;\nor\n(b) if the worker receives a lump sum under a lump sum agreement\nwith the LTCS commissioner in relation to the injury for which\nthe worker was a participant in the scheme—\n(i) that relate to the injury; and\n(ii) either—\n(A) arose while the worker was a participant in the LTCS\nscheme; or\n\n(B) arise after the worker receives the lump sum under the\nlump sum agreement.\nNote Excluded treatment and care—see the LTCS Act, s 9.\nLTCS Act—see the dictionary.\nLTCS commissioner—see the dictionary.\nTreatment and care needs, of a participant in the LTCS scheme—see the\nLTCS Act, s 9.\n(4) Subsection (3) applies—\n(a) whether or not the treatment and care are assessed treatment and\ncare needs under the LTCS Act; and\n(b) whether or not the LTCS commissioner is required to make a\npayment in relation to the treatment and care needs; and\n(c) whether or not the treatment, care, support or services provided\nin connection with the treatment and care needs is provided\nwithout charge.\n(5) To remove any doubt, the employer is liable to pay the costs of any\ntreatment and care needs, or excluded treatment and care, of a worker\nunder subsection (1)—\n(a) until the worker is accepted as a participant in the LTCS scheme\nin relation to the injury; and\n(b) if the worker—\n(i) ceases to be a participant in the LTCS scheme; and\n(ii) does not receive a lump sum under a lump sum agreement\nwith the LTCS commissioner.\n\n(6) In subsection (2):\nmaximum amount, for medical treatment, damage or loss, means—\n(a) if an amount has been agreed between the worker and\nemployer—that amount; or\n(b) in any other case—$500 cpi indexed.\n(7) For this section, the cost of medical treatment or rehabilitation\nservices is taken to include—\n(a) the amount of wages lost by the worker because of the worker’s\nattendance at a place (the relevant place) to receive the\ntreatment or services; and\n(b) the cost of taking the worker (whether the worker or someone\nelse does the taking) to and from the relevant place worked out\nunder either—\n(i) section 74 (Transport costs other than private car); or\n(ii) section 75 (Working out transport costs for private cars);\nand\n(c) the cost of any accommodation (including the cost of meals\nrequired by the worker because of the worker’s attendance at the\nrelevant place worked out under section 76 (Costs of\naccommodation and meals).\n(8) In this section:\nlump sum agreement——see the LTCS Act, section 30B.\n","sortOrder":83},{"sectionNumber":"71","sectionType":"section","heading":"Claim for compensation for pt 4.5","content":"71 Claim for compensation for pt 4.5\n(1) The worker may make a claim for compensation under this part for\nthe cost of medical treatment or in relation to damage to, or loss of,\nthe worker’s clothing only if the worker has given the employer\nwritten notice stating—\n(a) the amount of compensation sought; and\n\n(b) reasonable details of the expenses for which compensation is\nsought.\n(2) However, a failure to give notice, or a defect or inaccuracy in the\nnotice, does not affect a claim for compensation under this part if it is\nfound in the proceeding on the claim that—\n(a) if a notice or amended notice were then given and the hearing\npostponed, the employer’s defence is not, or would not be,\nprejudiced by the failure, defect or inaccuracy; or\n(b) the failure, defect or inaccuracy was caused by mistake or other\nreasonable cause.\n","sortOrder":84},{"sectionNumber":"72","sectionType":"section","heading":"Second assessments","content":"72 Second assessments\n(1) This section applies if the worker receives medical treatment and\nclaims the cost of it from the employer under this part.\n(2) The employer may, in consultation with the doctor or other person\nproviding the treatment, and before making a payment under this part,\nrequire the worker to be assessed by a doctor, or other person, chosen\nby the employer.\n","sortOrder":85},{"sectionNumber":"73","sectionType":"section","heading":"Payments for medical treatment received from hospital","content":"73 Payments for medical treatment received from hospital\n(1) This section applies if the employer is liable under this part to pay an\namount in relation to medical treatment received by the worker from\na hospital.\n(2) The employer must pay the amount, less any amount previously paid\nby the worker in relation to the treatment, on demand—\n(a) for a private hospital—to the proprietor of the hospital; or\n(b) for any other hospital—to the person authorised in writing by\nthe governing entity in charge of the hospital to receive\npayments payable to the hospital.\n\n","sortOrder":86},{"sectionNumber":"73A","sectionType":"section","heading":"Working out costs of alterations to residences","content":"73A Working out costs of alterations to residences\nThe following matters must be considered when working out the\namount of compensation payable in relation to a worker under\nsection 70 (1) (b):\n(a) the likely period for which the alteration will be required;\n(b) any difficulty faced by the worker in gaining access to, or\nenjoying reasonable freedom of movement in the worker’s place\nof residence;\n(c) if the worker previously received compensation under\nsection 70 (1) (b) in relation to an alteration to the worker’s\nplace of residence and later disposed of the place—whether the\nvalue of that place increased as a result of the alteration.\n","sortOrder":87},{"sectionNumber":"73B","sectionType":"section","heading":"Payments for costs of alterations to residences","content":"73B Payments for costs of alterations to residences\nFor section 70 (1) (b), a regulation may prescribe—\n(a) what is or is not included in the cost of an alteration; and\n(b) when an alteration is or is not reasonably required by a worker\nin relation to the worker’s impairment.\n","sortOrder":88},{"sectionNumber":"74","sectionType":"section","heading":"Transport costs other than private car","content":"74 Transport costs other than private car\n(1) This section sets out how the costs of taking an injured worker to and\nfrom a place (other than by private motor vehicle) to receive medical\ntreatment or rehabilitation services must be worked out.\n(2) If the worker cannot be taken in a motor vehicle (other than an\nambulance) because of the worker’s injury, the transport cost is the\nactual cost of the transport by ambulance.\n\n(3) The transport cost is the actual cost of the public transport if the\nworker is taken by public transport because, although the worker can\nbe taken in a private motor vehicle—\n(a) the worker is prohibited by law from taking themself in a private\nmotor vehicle and no-one else is available to take the worker in\na private motor vehicle; or\n(b) no private motor vehicle is available.\n(4) The transport cost is the reasonable cost of transport if a private motor\nvehicle or public transport is not reasonably available, or reasonably\nappropriate, to transport the worker in the circumstances.\npublic passenger vehicle—see the Road Transport (Public\nPassenger Services) Act 2001, dictionary.\npublic transport means travel in a public passenger vehicle.\n","sortOrder":89},{"sectionNumber":"75","sectionType":"section","heading":"Working out transport costs for private cars","content":"75 Working out transport costs for private cars\n(1) The costs of taking an injured worker by private motor vehicle (the\ncar) to and from a place to receive medical treatment or rehabilitation\nservices must be worked out in accordance with this section.\n(2) The transport cost is the cost worked out by multiplying the number\nof kilometres travelled to and from the place by the per kilometre cost\nfor the car.\n(3) The per kilometre cost for the car is the amount determined by the\ncommissioner of taxation under the Income Tax Assessment\nAct 1997 (Cwlth), section 28-25 (4) for the financial year in which\nthe cost was incurred.\n\n","sortOrder":90},{"sectionNumber":"76","sectionType":"section","heading":"Costs of accommodation and meals","content":"76 Costs of accommodation and meals\n(1) The cost of accommodation for the worker is the relevant amount set\nout in a public ruling by the Commonwealth Commissioner of\nTaxation in relation to reasonable allowance amounts for the year in\nwhich the costs were incurred.\n(2) The relevant amount, for accommodation, is the amount that would\nbe allowed for an employee on the lowest salary for which allowances\nare given for the place where the employee was accommodated.\n(3) The worker is not entitled to payment for a meal unless the meal is\neaten while the worker—\n(a) is travelling to or from a place to receive medical treatment or\nrehabilitation services for which compensation is payable; or\n(b) is at a place to receive medical treatment or rehabilitation\nservices for which compensation is payable; or\n(c) is staying at accommodation for which compensation is payable\naccommodation, for a worker, includes meals for the worker, other\nthan a meal to which the worker is not entitled to payment because of\npublic ruling—see the Taxation Administration Act 1953 (Cwlth),\nschedule 1, section 358-5 (What is a public ruling?).\n\nCompensation for death Part 4.6\n","sortOrder":91},{"sectionNumber":"77","sectionType":"section","heading":"Death benefits","content":"77 Death benefits\n(1) This section applies to the death of a worker for which compensation\nis payable under this Act.\n(2) The dependants of the worker are entitled to the following:\n(a) a single lump sum payment of $539 002.37 wpi indexed to be\ndivided between the dependants;\n(b) for each dependant who is a child—weekly compensation of\n$148.23 wpi indexed;\n(c) the funeral expenses of the worker to a maximum of $11 828.87\ncpi indexed.\n(3) In working out for this Act whether or not a child is, or was,\ndependent on the earnings of the worker, any family tax benefit within\nthe meaning of the A New Tax System (Family Assistance) Act 1999\n(Cwlth), section 3 (definitions) in relation to the child must be\ndisregarded.\n(4) To remove any doubt, the payment under subsection (2) (a) need not\nbe divided equally between the dependants, but may be divided\nbetween them as the Magistrates Court considers appropriate.\n(5) Compensation under subsection (2) (b) is payable only while the\nperson receiving it is a child.\n(6) If the worker did not have dependants, the personal representative of\nthe worker is entitled to a maximum of $11 828.87 cpi indexed for\nthe funeral expenses of the worker.\n\nWPI means the Wage Price Index number published by the\nAustralian Statistician.\nwpi indexed, for an amount, means the amount as adjusted in line\nwith any adjustment in the WPI since the commencement of the\nprovision in which the amount appears.\n","sortOrder":92},{"sectionNumber":"78","sectionType":"section","heading":"Payment into court of lump sum death benefits","content":"78 Payment into court of lump sum death benefits\n(1) A payment mentioned in section 77 (2) (a) (the lump sum) must be\npaid into the Magistrates Court, unless the court otherwise orders.\n(2) The Magistrates Court must, until the lump sum is paid to the person\nentitled to it—\n(a) invest, apply or otherwise deal with the lump sum payment in\nthe way the court considers appropriate for the benefit of the\nperson entitled to it under this Act; or\n(b) deal with it under the Public Trustee and Guardian Act 1985,\nsection 25 (Payment of money etc to public trustee and guardian\non behalf of person under disability).\n(3) The receipt of the registrar of the Magistrates Court is a sufficient\ndischarge for the amount paid in.\n\nRegistration of agreements for compensation Part 4.7\nPart 4.7 Registration of agreements for\n","sortOrder":93},{"sectionNumber":"79","sectionType":"section","heading":"Registration of agreements for compensation","content":"79 Registration of agreements for compensation\n(1) If the worker agrees to receive an amount of compensation under\nsection 51 (Compensation for permanent injuries generally) for a loss\nor under section 137 (How worker may commute rights) for the\ncommutation of a right, a party to the agreement may apply to the\nMagistrates Court for registration of the agreement.\n(2) The Magistrates Court may refuse to register the agreement if the\ncourt considers that the agreement is inaccurate or that the agreed\namount of compensation is manifestly inadequate.\n(3) The Magistrates Court must refuse to register the agreement unless\nsatisfied that the worker received independent legal advice about the\nagreement before entering into it.\n(4) However, subsection (3) does not apply to an agreement of a worker\nto receive an amount of compensation under section 51\n(Compensation for permanent injuries generally) for an imminently\nfatal asbestos-related disease.\n(5) An agreement may deal with the payment of costs.\n","sortOrder":94},{"sectionNumber":"80","sectionType":"section","heading":"Effect of registration of agreements","content":"80 Effect of registration of agreements\n(1) A worker with a registered agreement in relation to a loss or the\ncommutation of a right is not entitled to receive any additional\ncompensation for the loss or commutation of the right under an award\nof the Magistrates Court.\n(2) However, the Magistrates Court may award additional compensation\nif satisfied that—\n(a) the agreement was obtained by fraud or undue influence; or\n(b) the agreed amount of compensation was manifestly inadequate.\n\nPart 4.7 Registration of agreements for compensation\n(3) This section does not limit an award of additional compensation for a\nfurther loss suffered after the loss to which the agreement relates.\n","sortOrder":95},{"sectionNumber":"81","sectionType":"section","heading":"Cancellation or amendment of registered agreements","content":"81 Cancellation or amendment of registered agreements\n(1) On application by a party to a registered agreement, the Magistrates\nCourt may amend the registered agreement or cancel the registration\nof the agreement.\n(2) The Magistrates Court may act under subsection (1) only if—\n(a) a party becomes aware of evidence that was not available to the\nparty when the agreement was made; and\n(b) the court considers that, if the party had been aware of the\nevidence, the agreement would not have been made, or would\nnot have been made as registered.\n\nExceptions to entitlements to compensation Part 4.8\nPart 4.8 Exceptions to entitlements to\n","sortOrder":96},{"sectionNumber":"82","sectionType":"section","heading":"When is compensation under Act generally not payable?","content":"82 When is compensation under Act generally not payable?\n(1) This section applies if, apart from this section, compensation in\nrelation to an injury to a worker is payable under this Act.\n(2) Compensation is not payable if the injury to, or death of, the worker\nis caused by an intentionally self-inflicted injury.\n(3) Compensation is not payable if it is proved that the injury to the\nworker is attributable to the worker’s serious and wilful misconduct,\nunless the injury results in death or serious and permanent\ndisablement.\n(4) In subsection (3), the personal injury received by the worker is\nattributable to the serious and wilful misconduct of the worker if—\n(a) at the time of the injury, the worker was under the influence of\nalcohol or a prescribed drug, unless the alcohol or prescribed\ndrug did not contribute to the injury or was not consumed or\ntaken voluntarily; or\n(b) the injury was otherwise attributable to the serious and wilful\nmisconduct of the worker.\nprescribed drug—see the Road Transport (Alcohol and Drugs)\nAct 1977, dictionary.\nNote 1 The LTCS Act applies to an injury to a worker arising out of, or in the\ncourse of, the worker’s employment, including an injury that is\nattributable to the worker’s serious and wilful misconduct (see LTCS Act,\ns 6 (4) (b)).\nNote 2 LTCS Act—see the dictionary.\n\nPart 4.8 Exceptions to entitlements to compensation\n","sortOrder":97},{"sectionNumber":"83","sectionType":"section","heading":"No compensation while imprisoned","content":"83 No compensation while imprisoned\nA worker who is otherwise entitled to compensation under this Act is\nnot entitled to compensation for a period when the worker is\nimprisoned because the worker has been convicted of an offence\nagainst a law of the Territory, a State, the Commonwealth or another\nTerritory.\nNote 1 A worker with an injury to which the LTCS Act applies is eligible to\nparticipate in the LTCS scheme even though the worker is imprisoned\n(see LTCS Act, s 15 (3)).\nNote 2 LTCS Act—see the dictionary.\n","sortOrder":98},{"sectionNumber":"84","sectionType":"section","heading":"Compensation for sporting injuries","content":"84 Compensation for sporting injuries\nA person is not entitled to receive compensation for an injury\nsustained as a result of the person’s engagement in professional\nsporting activity.\n\nPayments to families of deceased workers Part 4.9\nPart 4.9 Payments to families of\ndeceased workers\n","sortOrder":99},{"sectionNumber":"84A","sectionType":"section","heading":"Application—pt 4.9","content":"84A Application—pt 4.9\n(1) This part applies to the death of a worker that arises out of, or in the\ncourse of, the worker’s employment.\n(2) This part does not apply to a worker’s death prescribed by regulation.\n","sortOrder":100},{"sectionNumber":"84B","sectionType":"section","heading":"Payments to families of deceased workers","content":"84B Payments to families of deceased workers\n(1) On application by a family member of a worker made within\n3 months after the death of the worker, the employer must pay the\nfamily member—\n(a) for the deceased worker’s domestic partner—$10 000 cpi\nindexed; or\n(b) for any other family member—$5 000 cpi indexed.\n(2) An employer must, within 48 hours after the employer receives the\napplication, give the application to the licensed insurer liable to\nindemnify the employer for the payment.\n(3) The employer must pay the family member the amount mentioned in\nsubsection (1) within 7 days after the day the employer receives the\napplication.\n(4) The employer may refuse to pay a family member if the employer has\nalready paid a total of $50 000 cpi indexed to other family members\nfamily member, of a deceased worker, means—\n(a) any of the following people who, in the 6 months before the\nworker’s death, lived with the worker:\n(i) a domestic partner;\n\nPart 4.9 Payments to families of deceased workers\n(ii) a child or stepchild;\n(iii) a parent or step-parent; or\n(b) any other person prescribed by regulation.\n","sortOrder":101},{"sectionNumber":"84C","sectionType":"section","heading":"Effect of payment","content":"84C Effect of payment\nA payment made to a person under this part—\n(a) is not an admission of liability by the employer or the insurer for\nthe death of the worker; and\n(b) is not recoverable from the person, unless the person was not\nentitled to the payment; and\n(c) does not affect a claim for compensation or compensation\npayable under this Act in relation to the worker’s death.\n\nObject and definitions for ch 5 Part 5.1\n","sortOrder":102},{"sectionNumber":"85","sectionType":"section","heading":"Object—ch 5","content":"85 Object—ch 5\nThe object of this chapter is to establish a system the aim of which is\nto achieve the best results for the timely, safe and durable return to\nwork of workers following workplace injuries.\n","sortOrder":103},{"sectionNumber":"85A","sectionType":"section","heading":"Meaning of injured worker and personal injury plan—Act","content":"85A Meaning of injured worker and personal injury plan—Act\ninjured worker means a worker who has received a workplace injury.\npersonal injury plan, for a worker, means a plan for coordinating and\nmanaging the aspects of injury management that relate to medical\ntreatment and rehabilitation services for the worker to achieve a\ntimely, safe and durable return to work for the worker.\n","sortOrder":104},{"sectionNumber":"86","sectionType":"section","heading":"Definitions—ch 5","content":"86 Definitions—ch 5\nemployer—see section 87.\ninjury management means a process that consists of activities and\nprocedures that are carried out or established to achieve a timely, safe\nand durable return to work for injured workers.\ninjury management program means a coordinated and managed\nprogram that integrates all aspects of injury management (including\nmedical treatment, rehabilitation services, claims management and\nemployment management practices) to achieve the best results for a\ntimely, safe and durable return to work of injured workers.\ninjury notice—see section 93 (2) (Early notification of workplace\ninjury).\n\ninsurer—see section 86A and section 87.\nnominated treating doctor, for an injured worker, means the doctor\nor medical practice nominated under section 102 (Nomination of\ndoctor for personal injury plan).\nworkplace injury means an injury in relation to which compensation\nis or may be payable under this Act.\n","sortOrder":105},{"sectionNumber":"86A","sectionType":"section","heading":"Meaning of insurer for ch 5","content":"86A Meaning of insurer for ch 5\n(b) a licensed self-insurer; or\n(c) for an injured worker’s injury if the licensed insurer that issued\na compulsory insurance policy that covers the worker in relation\nto the injury cannot provide the indemnity required to be\nprovided under the policy—the DI fund; or\n(d) for an injured worker’s injury if there is no compulsory\ninsurance policy that covers the worker in relation to the injury\nand the worker’s employer is not a licensed self-insurer—the DI\nfund.\nNote The DI fund manager must act as if the DI fund were the licensed insurer\nin other situations (see s 112 (3)).\n(2) However, in applying this chapter to the DI fund as insurer—\n(a) a requirement that the licensed insurer do or not do something is\ntaken to be a requirement that the DI fund manager do or not do\nthe thing; and\n\nObject and definitions for ch 5 Part 5.1\n(b) the manager is not required to comply with section 88 (Insurer\nto establish etc injury management program) or section 89\n(Insurer to give effect to injury management program); and\nNote Also, s 128 (1) (b) does not apply to the DI fund (see s 128 (2)).\n(c) although otherwise required to comply with this chapter, the\nmanager is not liable to be prosecuted for an offence against this\nchapter.\n","sortOrder":106},{"sectionNumber":"87","sectionType":"section","heading":"Meaning of employer and insurer if more than 1","content":"87 Meaning of employer and insurer if more than 1\n(1) This section applies if 2 or more employers are or may be liable to\npay compensation to an injured worker but the employers do not all\nstill employ the worker.\n(2) In this chapter:\nemployer, of the injured worker, means the employer that last\nemployed the worker.\ninsurer means the employer’s insurer.\n\n","sortOrder":107},{"sectionNumber":"88","sectionType":"section","heading":"Insurer to establish etc injury management program","content":"88 Insurer to establish etc injury management program\n(1) An insurer must establish and maintain an injury management\nprogram.\nNote The DI fund manager is not required to comply with this section (see\ns 86A (2) (b)).\n(2) An insurer must review the effectiveness of its injury management\nprogram at least once every 2 years and revise the program in\naccordance with the results of the review.\n(3) An insurer must give a copy of its injury management program, and\nany revised injury management program, to the Minister.\n","sortOrder":108},{"sectionNumber":"89","sectionType":"section","heading":"Insurer to give effect to injury management program","content":"89 Insurer to give effect to injury management program\n(1) An insurer must give effect to its injury management program, in\nparticular by complying with the obligations imposed on the insurer\nunder the program.\nNote The DI fund manager is not required to comply with this section (see\ns 86A (2) (b)).\n(2) An insurer must take appropriate steps to ensure that each employer\nwho is insured by the insurer is aware of the employer’s obligations\nunder this chapter and is aware of the requirements of the insurer’s\ninjury management program.\nNote An employer may have obligations under the following provisions of this\npart:\n• under s 91 to comply with the obligations imposed on the employer\nunder the injury management program\n• under s 93 (2) to give notice of injury to the insurer\n• under s 100 to take part and cooperate in establishing a personal\ninjury plan for a worker, and to comply with the plan\n• under s 105 and s 106 to provide suitable work for an injured worker\n• under s 109 to establish a return-to-work program.\n\nGeneral obligations Part 5.2\n(3) Subsection (2) does not apply to a licensed self-insurer.\n","sortOrder":109},{"sectionNumber":"90","sectionType":"section","heading":"Insurer’s obligation of prompt payment","content":"90 Insurer’s obligation of prompt payment\n(1) An insurer commits an offence if—\n(a) the insurer receives written notice requiring payment for the\nprovision of a service; and\n(b) the insurer is required under this Act to pay for the service; and\n(c) the insurer fails to pay the person who provided the service (the\nservice provider) for the service not later than 30 days after the\nday the insurer receives the notice.\n(2) Subsection (1) does not apply if—\n(a) the insurer does not pay for the service because the insurer has\nreasonable grounds to believe that the service has not been\nprovided, or has not been properly provided; and\n(b) the insurer has told the service provider, in writing, why the\ninsurer has not paid for the service.\n","sortOrder":110},{"sectionNumber":"91","sectionType":"section","heading":"Employer’s obligations for injury management programs","content":"91 Employer’s obligations for injury management programs\n(1) An employer must comply with the reasonable obligations imposed\non the employer by the employer’s insurer under the insurer’s injury\nmanagement program.\n(2) This section does not apply to a non-business employer.\n\n","sortOrder":111},{"sectionNumber":"92","sectionType":"section","heading":"Register of injuries","content":"92 Register of injuries\n(1) This section applies to a mine, quarry, factory, workshop, office or\nshop (the workplace).\n(2) A register of injuries (the register) is to be kept at the workplace in a\nplace that is readily accessible to workers at the workplace.\n(3) The manager of the mine or quarry, or the occupier of the factory,\nworkshop, office or shop, must ensure the register is kept in\naccordance with subsection (2).\n(4) A person must not change, damage, deface, remove or otherwise\ninterfere with the register.\n(5) A worker employed at the workplace, or a person acting on the\nworker’s behalf, may enter in the register details of an injury received\nby the worker.\n(6) If details of the injury are entered in the register as soon as possible\nafter the injury happens, the entry is taken to be notice of the injury\ngiven to the employer by the injured worker for this Act.\n(8) This section does not prevent the alteration of the register to correct\nan error of fact.\n\n","sortOrder":112},{"sectionNumber":"93","sectionType":"section","heading":"Early notification of workplace injury","content":"93 Early notification of workplace injury\n(1) The injured worker must tell the employer that the worker has\nreceived a workplace injury as soon as possible after being injured.\nNote An injured worker may give notice of an injury by making an entry in a\nregister of injuries (see s 92).\n(2) The employer must give the insurer notice of the injury (an injury\nnotice) under section 94 within 48 hours after becoming aware that\nthe worker has received a workplace injury.\n(3) Subsection (2) does not apply if the insurer is a licensed self-insurer.\n","sortOrder":113},{"sectionNumber":"94","sectionType":"section","heading":"Injury notice","content":"94 Injury notice\n(1) An injury notice must state—\n(a) the name and address of the injured worker; and\n(b) the cause of the injury (in ordinary language); and\n(c) the date and time the injury happened; and\n(d) the name and address of the employer; and\n(e) the name and address of the nominated treating doctor or, if\nthere is no treating doctor, a doctor who has treated the worker\nfor the injury.\n(2) The employer may give the notice orally, in writing or in electronic\nform.\n(3) However, if the employer gives the notice orally, the employer must\ngive the notice in writing or in electronic form within 3 days after\ngiving the notice orally.\n(4) If the worker has more than 1 employer, the notice must be given to\nthe employer responsible for the workplace where the injury\nhappened.\n\n(5) The notice of injury is taken to have been given to an employer—\n(a) if it is given to a person designated for the purpose by the\nemployer; or\n(b) if it is given to a person under whose supervision the worker is\nemployed.\n","sortOrder":114},{"sectionNumber":"94A","sectionType":"section","heading":"Uninsured employer to give DI fund manager injury","content":"94A Uninsured employer to give DI fund manager injury\nnotice etc\n(1) An employer (other than a licensed self-insurer) commits an offence\nif—\n(a) the employer is given an injury notice for an injured worker; and\n(b) the employer does not have a compulsory insurance policy that\napplies to the worker in relation to the injury; and\n(c) the employer does not, within 48 hours after receiving the injury\nnotice—\n(i) give the DI fund manager a copy of the injury notice; and\n(ii) tell the manager, in writing, that the employer does not\nhave a compulsory insurance policy that applies to the\nworker in relation to the injury.\n","sortOrder":115},{"sectionNumber":"94B","sectionType":"section","heading":"Liquidator to give DI fund manager injury notice etc","content":"94B Liquidator to give DI fund manager injury notice etc\n(1) The liquidator of an insurer (other than an insurer that has been wound\nup under the Corporations Act) commits an offence if—\n(a) the liquidator is given an injury notice; and\n(b) the injury notice is for an injury of an injured worker of an\n\n(c) the employer holds or held a compulsory insurance policy with\nthe insurer that requires or required indemnity to be provided for\nthe injured worker’s injury; and\n(d) the insurer cannot provide the indemnity required to be provided\nunder the policy; and\n(e) the liquidator does not, within 48 hours after receiving the injury\nnotice—\n(i) give the DI fund manager a copy of the injury notice; and\n(ii) tell the manager, in writing, that the employer holds or held\na compulsory insurance policy with the insurer that\nrequires or required indemnity for the injury to be\nprovided.\n(2) The liquidator of a licensed insurer that has been wound up under the\nCorporations Act commits an offence if—\n(a) the liquidator is given an injury notice; and\n(b) the injury notice is for an injury of an injured worker of an\n(c) the employer held a compulsory insurance policy with the\ninsurer that required indemnity for the injured worker’s injury\nto be provided; and\n(d) the liquidator does not, within 48 hours after the liquidator\nreceives the notice—\n(i) return the injury notice to the injured worker; and\n(ii) tell the worker, in writing, to give the injury notice to the\nDI fund manager.\n\n","sortOrder":116},{"sectionNumber":"94C","sectionType":"section","heading":"Injured workers of uninsured employers may give DI fund","content":"94C Injured workers of uninsured employers may give DI fund\nmanager injury notice\nAn injured worker may give the DI fund manager a copy of the\ninjured worker’s injury notice if—\n(a) the injured worker’s employer—\n(i) is required to give the notice to the fund manager under\nsection 94A (Uninsured employer to give DI fund manager\ninjury notice etc); but\n(ii) has not given the notice as required; or\n(b) the injured worker’s employer is required to give the notice to\nthe fund manager under section 94A but the injured worker\nsuspects that the employer may not have given the notice to the\nfund manager; or\n(c) a liquidator—\n(i) tells the injured worker to give the worker’s injury notice\nto the fund manager under section 94B (Liquidator to give\nDI fund manager injury notice etc); or\n(ii) is required under section 94B to tell the injured worker to\ngive the worker’s injury notice to the fund manager, but\ndoes not tell the injured worker as required; or\n(d) the injured worker was employed by an employer who held a\ncompulsory insurance policy under which the insurer was\nrequired to provide indemnity for the worker’s injury, but the\ninsurer cannot provide the indemnity required to be provided\n(e) the injured worker was employed by an employer who was a\nlicensed self-insurer and the injured worker believes, on\nreasonable grounds, that the employer is unable to pay\ncompensation in relation to the injury; or\n(f) the injured worker’s employer no longer exists.\n\n","sortOrder":117},{"sectionNumber":"95","sectionType":"section","heading":"What if employer does not give notice of injury within","content":"95 What if employer does not give notice of injury within\ntime?\n(1) This section applies if an employer (other than a licensed self-insurer)\nis given an injury notice for an injured worker, but does not give the\ninsurer the injury notice within the time mentioned in section 93 (2)\n(Early notification of workplace injury).\n(2) The employer is liable to pay the worker weekly compensation from\nthe date of injury until the employer gives the insurer the injury\nnotice.\n(3) The employer must not be indemnified by the insurer for a payment\nmentioned in subsection (2).\n","sortOrder":118},{"sectionNumber":"96","sectionType":"section","heading":"Obligations of insurer on being notified of injury","content":"96 Obligations of insurer on being notified of injury\n(1) Within 3 business days after the day an insurer receives an injury\nnotice, the insurer must take action under the insurer’s injury\nmanagement program.\n(2) Within 3 business days after the day an insurer receives an injury\nnotice, if there are reasonable grounds for the insurer to believe that\nthe injury is a significant injury, the insurer must make contact under\nthe insurer’s injury management program with each of the following\npeople:\n(a) the injured worker;\n(b) the employer (unless the employer is a licensed self-insurer);\n(c) the worker’s nominated treating doctor (if appropriate and\npractical).\n\n(3) If a workplace injury results in the worker being incapacitated for\nwork for a continuous period of longer than 7 days, within 3 business\ndays after the day the 1st continuous period of 7 days incapacity ends,\nthe insurer must make contact under the insurer’s injury management\nprogram with each of the following people:\n(a) the injured worker;\n(b) the employer (unless the employer is a licensed self-insurer);\n(c) the worker’s nominated treating doctor (if appropriate and\npractical).\ncontinuous period, in relation to a worker’s incapacity—a period is\na continuous period—\n(a) whether or not any of the days in the period are business days;\nand\n(b) whether or not the incapacity is total or partial or a combination\nof both.\nsignificant injury means a workplace injury that is likely to result in\nthe worker being incapacitated for work for a continuous period of\nlonger than 7 days.\n\nObligations in relation to personal injury plans Part 5.4\n","sortOrder":119},{"sectionNumber":"Part 5","sectionType":"part","heading":"4 Obligations in relation to","content":"Part 5.4 Obligations in relation to\npersonal injury plans\n","sortOrder":120},{"sectionNumber":"96A","sectionType":"section","heading":"Application—pt 5.4","content":"96A Application—pt 5.4\n(1) This part does not apply in relation to an injured worker who is a\nparticipant in the LTCS scheme.\n(2) To remove any doubt, this part does apply in relation to an injured\nworker who ceases to be a participant in the LTCS scheme.\nan injured worker who is an interim participant in the LTCS scheme who is not\naccepted as a lifetime participant in the scheme\n","sortOrder":121},{"sectionNumber":"97","sectionType":"section","heading":"Personal injury plan for worker with significant injury","content":"97 Personal injury plan for worker with significant injury\n(1) If it appears to an insurer who is, or may be, liable to pay\ncompensation to an injured worker on behalf of the worker’s\nemployer that the workplace injury is a significant injury, the insurer\nmust establish a personal injury plan for the worker.\nNote This section does not apply if the injured worker is a participant in the\nLTCS scheme (see s 96A (1)).\n(2) The personal injury plan must be established in agreement with the\nemployer (unless the employer is a licensed self-insurer or a non-\nbusiness employer) and the injured worker, to the maximum extent\nthat their cooperation and participation allow.\n(3) The insurer must give effect to the personal injury plan established\nfor the injured worker and, for that purpose, must comply with the\nobligations imposed on the insurer under the plan.\n\nPart 5.4 Obligations in relation to personal injury plans\nsignificant injury means a workplace injury that is likely to result in\nthe worker being incapacitated for work for a continuous period of\nlonger than 7 days, whether or not any of those days are business days\nand whether or not the incapacity is total or partial or a combination\nof both.\n","sortOrder":122},{"sectionNumber":"98","sectionType":"section","heading":"Provision of information about personal injury plan","content":"98 Provision of information about personal injury plan\n(1) The insurer must give both the employer and the injured worker\ninformation about the personal injury plan.\nNote This section does not apply if the injured worker is a participant in the\nLTCS scheme (see s 96A (1)).\n(2) The information must include a statement to the effect that the\nworker’s entitlement to weekly compensation may stop if the worker\nunreasonably fails to comply with the requirements of this chapter\nafter being asked to do so by the insurer.\n(3) The insurer must keep the employer informed of significant steps\ntaken, or proposed to be taken, under the personal injury plan for the\nworker, unless the employer is a licensed self-insurer.\n","sortOrder":123},{"sectionNumber":"99","sectionType":"section","heading":"Vocational rehabilitation","content":"99 Vocational rehabilitation\nThe insurer must ensure, as far as possible, that vocational\nrehabilitation provided or arranged for the injured worker under the\npersonal injury plan is of a kind that may reasonably be thought likely\nto lead to a real prospect of employment or a real increase in earnings\nfor the injured worker.\n\nObligations in relation to personal injury plans Part 5.4\n","sortOrder":124},{"sectionNumber":"99A","sectionType":"section","heading":"Appointment of approved rehabilitation provider under","content":"99A Appointment of approved rehabilitation provider under\npersonal injury plan\n(1) The insurer may appoint an approved rehabilitation provider for an\ninjured worker as part of the worker’s personal injury plan.\n(2) However, the insurer must appoint an approved rehabilitation\nprovider for the injured worker as part of the personal injury plan if\nthe worker has not returned to the worker’s pre-injury duties and pre-\ninjury working hours, within 4 weeks after the day the worker gave\nnotice of the injury.\n","sortOrder":125},{"sectionNumber":"100","sectionType":"section","heading":"Employer’s personal injury plan obligations","content":"100 Employer’s personal injury plan obligations\n(1) The employer must take part and cooperate in the establishment of a\npersonal injury plan for the injured worker.\n(2) The employer must comply with the reasonable obligations imposed\non the employer under the personal injury plan.\n(3) This section does not apply if the employer is a licensed self-insurer.\n","sortOrder":126},{"sectionNumber":"101","sectionType":"section","heading":"Worker’s personal injury plan obligations","content":"101 Worker’s personal injury plan obligations\n(1) The injured worker must take part and cooperate in the establishment\nof a personal injury plan for the worker.\nNote If the injured worker does not take part and cooperate in the establishment\nof the worker’s personal injury plan, the worker’s weekly compensation\nmay be stopped while time for payment of weekly compensation\ncontinues to run against the worker (see s 113).\n(2) The injured worker must comply with reasonable obligations\nimposed on the worker under the worker’s personal injury plan,\nincluding any obligation to receive medical treatment or\nrehabilitation services.\n\nPart 5.4 Obligations in relation to personal injury plans\n","sortOrder":127},{"sectionNumber":"102","sectionType":"section","heading":"Nomination of doctor for personal injury plan","content":"102 Nomination of doctor for personal injury plan\n(1) The worker must nominate a doctor, or medical practice, as the\nworker’s treating doctor for the worker’s personal injury plan.\n(2) The worker may only nominate a doctor, or medical practice, that is\nprepared to take part in the development of, and in the arrangements\nunder, the worker’s personal injury plan.\n(3) The nomination of a medical practice as treating doctor for the\nworker’s personal injury plan is the nomination of the members of the\npractice who treat the worker from time to time.\n(4) The worker must authorise the worker’s nominated treating doctor to\nprovide relevant information to—\n(a) the insurer or employer for the worker’s personal injury plan; or\n(b) a person who requires the information in relation to the\nmanagement of the worker’s claim for compensation; or\n(c) the regulator in relation to the performance of an approved\nrehabilitation provider.\n(5) The worker’s personal injury plan must provide a way for the worker\nto change the worker’s nominated treating doctor.\n","sortOrder":128},{"sectionNumber":"103","sectionType":"section","heading":"Subsequent medical certificates under personal injury","content":"103 Subsequent medical certificates under personal injury\nplan\nA medical certificate required under a personal injury plan in relation\nto a claim for ongoing compensation under this Act must be from a\ndoctor.\n\nReturn-to-work coordinators Part 5.4A\n","sortOrder":129},{"sectionNumber":"103A","sectionType":"section","heading":"Definitions—pt 5.4A","content":"103A Definitions—pt 5.4A\nannual premium, for an employer, means the amount paid by the\nemployer for the employer’s compulsory insurance policy for 1 year.\nreturn-to-work coordinator means a return-to-work coordinator\nappointed under section 103C.\n","sortOrder":130},{"sectionNumber":"103B","sectionType":"section","heading":"Application—pt 5.4A","content":"103B Application—pt 5.4A\nThis part applies to an employer that—\n(a) pays an annual premium of $200 000 or more; or\n(b) is a licensed self-insurer.\n","sortOrder":131},{"sectionNumber":"103C","sectionType":"section","heading":"Appointment","content":"103C Appointment\n(1) An employer must appoint a return-to-work coordinator.\n(2) If a return-to-work coordinator’s position becomes vacant, the\nemployer must appoint another person to the position within\n3 months after the position becomes vacant.\n(b) the employer fails to comply with a requirement under\nsubsections (1) or (2).\n\n","sortOrder":132},{"sectionNumber":"103D","sectionType":"section","heading":"Functions","content":"103D Functions\nA return-to-work coordinator has the following functions:\n(a) to assist injured workers to remain at work, or return to work as\nsoon as practicable following an injury;\n(b) if the return-to-work coordinator’s employer is not a licensed\nself-insurer—to assist the employer’s insurer to prepare and\nimplement the return to work plan or personal injury plan for an\ninjured worker;\n(c) to identify suitable duties for injured workers;\n(d) to liaise with people involved in the provision of medical\ntreatment or rehabilitation services to an injured worker in\nrelation to the worker’s return to work;\n(e) to monitor an injured worker’s progress towards the worker’s\nreturn to work;\n(f) as far as practicable, to take steps to prevent an aggravation,\nacceleration or recurrence of an injured worker’s injury when\nthe worker returns to work;\n(g) to promote injury management strategies.\nNote The collection and disclosure of personal health information is subject to\nthe Health Records (Privacy and Access) Act 1997.\n","sortOrder":133},{"sectionNumber":"103E","sectionType":"section","heading":"Employer’s obligations","content":"103E Employer’s obligations\n(1) An employer must—\n(a) provide the facilities and assistance that are reasonably\nnecessary to enable a return-to-work coordinator to exercise the\ncoordinator’s functions; and\n\nReturn-to-work coordinators Part 5.4A\n(b) not appoint a person as a return-to-work coordinator unless the\nperson—\n(i) has completed training determined by the Minister as\nprerequisite training for a return-to-work coordinator for\nthis Act; or\n(ii) has experience of the kind determined by the Minister as\nprerequisite experience for a return-to-work coordinator\nfor this Act; and\n(c) comply with the Minister’s guidelines about an employer’s\nresponsibilities in relation to return-to-work coordinators; and\n(d) notify the Minister in writing about the contact details for each\nof the employer’s return-to-work coordinators not later than\n30 days after the day the coordinator is appointed.\n(2) Each of the following is a notifiable instrument:\n(a) a determination under subsection (1) (b);\n(b) a guideline under subsection (1) (c).\n(b) the employer fails to comply with a requirement under\n(5) It is a defence to a prosecution for an offence against this section, for\na failure to comply with a requirement under subsection (1) (a), if the\ndefendant proves that the defendant believed on reasonable grounds\nthat the defendant provided the facilities and assistance that were\nreasonably necessary to enable a return-to-work coordinator to\nexercise the coordinator’s functions.\n\n","sortOrder":134},{"sectionNumber":"103F","sectionType":"section","heading":"Register of return-to-work coordinators","content":"103F Register of return-to-work coordinators\n(1) The work health and safety commissioner must maintain a register of\nreturn-to-work coordinators.\n(2) The register must include the following information about a\nreturn-to-work coordinator:\n(a) name;\n(b) employer;\n(c) position held with employer;\n(d) workplace address;\n(e) workplace telephone number;\n(f) workplace email address.\n(3) The register may be kept in any form, including electronically, that\nthe work health and safety commissioner decides.\n(4) The work health and safety commissioner must make information\nabout an employer’s return-to-work coordinator held in the register\navailable to—\n(a) an inspector; and\n(b) an employee of the employer; and\n(c) the employer’s workers compensation insurer.\n\n","sortOrder":135},{"sectionNumber":"104","sectionType":"section","heading":"Injured worker’s obligation to return to work","content":"104 Injured worker’s obligation to return to work\nThe injured worker must make all reasonable efforts to return to work\nwith the worker’s pre-incapacity employer (that is, the employer\nliable to pay compensation to the worker) as soon as possible,\nconsidering the nature of the injury.\n","sortOrder":136},{"sectionNumber":"105","sectionType":"section","heading":"Employer must provide suitable work for full-time, part-","content":"105 Employer must provide suitable work for full-time, part-\ntime and casual workers\n(a) a full-time, part-time or casual worker has been totally or\npartially incapacitated for work because of an injury; and\n(b) the worker can return to work, whether on a full-time or part-\ntime basis, and whether or not to the worker’s previous\n(c) within 6 months after the day the worker became entitled to\nweekly compensation, the worker asks the employer liable to\npay the compensation to provide employment for the worker.\n(2) The employer must provide employment to the worker that is—\n(a) so far as reasonably practical, the same as, or equivalent to, the\nemployment in which the worker was employed at the time of\nthe injury; and\n(b) otherwise suitable employment for the worker.\n\n(4) This section does not apply if—\n(a) the worker voluntarily left the employment of the employer after\nthe injury happened (whether before or after the beginning of\nthe incapacity for work); or\n(b) the employer ended the worker’s employment after the injury\nhappened, for a reason other than because the worker was not fit\nfor employment because of the injury; or\n(c) the employer is a non-business employer; or\n(d) the employer cannot provide suitable employment.\n","sortOrder":137},{"sectionNumber":"106","sectionType":"section","heading":"Employer must provide suitable work for contract","content":"106 Employer must provide suitable work for contract\n(a) a contract worker has been totally or partially incapacitated for\nwork because of an injury; and\n(b) the worker can return to work, whether on a full-time or part-\ntime basis, and whether or not to the worker’s previous\n(c) within the defined period, the worker asks the employer liable\nto pay the compensation to provide employment for the worker.\n(2) The employer must provide employment to the worker that is—\n(a) so far as reasonably practical, the same as, or equivalent to, the\nemployment in which the worker was employed at the time of\nthe injury; and\n(b) otherwise suitable employment for the worker.\n\n(4) This section does not apply if—\n(a) the worker voluntarily left the employment of the employer after\nthe injury happened (whether before or after the beginning of\nthe incapacity for work); or\n(b) the employer ended the worker’s employment after the injury\nhappened for a reason other than because the worker was not fit\nfor employment because of the injury; or\n(c) the employer is a non-business employer; or\n(d) the employer cannot provide suitable employment.\ncontract period includes the period of any reasonably expected\nextension or renewal of the contract.\ndefined period, for a contract worker who is entitled to weekly\ncompensation, means the period beginning on the day the worker\nbecomes entitled to weekly compensation and ending—\n(a) if the contract period ends, or would end, before the end of\n6 months after the day the worker becomes entitled to weekly\ncompensation—at the end of the contract period; or\n(b) in any other case—6 months after the day the worker becomes\nentitled to weekly compensation.\n","sortOrder":138},{"sectionNumber":"107","sectionType":"section","heading":"Payment of cost of medical treatment and rehabilitation","content":"107 Payment of cost of medical treatment and rehabilitation\nservices for injured worker\n(1) The worker’s personal injury plan may provide for the insurer to pay\nthe following costs:\n(a) the cost of any medical treatment for the workplace injury\nprovided to the worker by the nominated treating doctor if the\nnominated treating doctor is prepared to take part in the\narrangements under the plan;\n\n(b) the cost of other medical treatment described in the plan that is\nprovided to the worker for the workplace injury;\n(c) the cost of any rehabilitation services (including, if necessary,\nvocational rehabilitation) provided to the worker under the plan.\nExamples of other medical treatment for par (b)\nTreatment may be identified by reference to factors like the kind of medical\ntreatment, the identity of the health care professional who provides the medical\ntreatment, and the circumstances in which the medical treatment is provided.\n(2) For a payment under subsection (1), it does not matter that the worker\nhas not made a claim for compensation, that the insurer has not\naccepted liability for the injury or if the insurer disputes liability for\nthe injury.\n(3) If the insurer makes the payments in relation to the injury and another\ninsurer (the other insurer) or another employer (the other employer)\naccepts liability to pay compensation to the worker in relation to the\ninjury, the insurer is entitled to recover the costs (to the extent that\ncompensation is payable under this Act in relation to the costs) as a\ndebt from the other insurer or other employer.\n(4) An amount recoverable under subsection (3) is taken to be payable by\nthe other insurer or other employer as compensation to the injured\n","sortOrder":139},{"sectionNumber":"108","sectionType":"section","heading":"Second injury arrangements","content":"108 Second injury arrangements\n(1) Arrangements may be entered into under this section to encourage the\nemployment of injured workers by providing financial incentives to\ntheir employers in relation to insurance liabilities arising from further\ninjuries to the workers.\n\n(2) An insurer who is liable to pay compensation to an injured worker\nmay enter into an arrangement with a new employer (the new\nemployer) of the injured worker providing for either or both of the\n(a) for the insurer to indemnify the new employer in relation to the\nemployer’s liability to pay compensation to the injured worker\n(b) for the insurer to pay a wage subsidy to the new employer in\nrelation to the worker’s employment.\n(3) An arrangement under this section—\n(a) applies for 6 months or, if a period is stated in the arrangement,\nthat period; and\n(b) if it provides for an indemnity—applies to all injuries or only to\nthe injuries stated in the indemnity arrangement; and\n(c) is subject to the conditions the insurer decides and the new\nemployer agrees to.\n(4) A claim for compensation for an injury to the worker to which an\nindemnity under this section applies is excluded from the claims\nexperience of the new employer in working out the premium payable\nby the new employer for an insurance policy.\n(5) This section applies only in relation to licensed insurers.\n","sortOrder":140},{"sectionNumber":"109","sectionType":"section","heading":"Workplace rehabilitation","content":"109 Workplace rehabilitation\n(1) An employer must establish and maintain a return-to-work program\nthat complies with subsection (3).\n\n(2) An employer must display or notify a return-to-work program that\ncomplies with subsection (3) at each place of work of the workers to\nwhom the program relates or may relate.\n(3) A return-to-work program must—\n(a) provide policies and procedures for the rehabilitation (including,\nif necessary, vocational rehabilitation) of injured workers of the\n(b) be consistent with the injury management program of the\nemployer’s insurer; and\n(c) be established in accordance with any guidelines issued by the\nMinister under section 110; and\n(d) be developed in consultation with—\n(i) the workers to whom it relates, or may relate; and\n(ii) any industrial union of workers representing the workers;\nand\n(iii) an approved rehabilitation provider.\n(4) To remove any doubt, subsection (3) (d) does not limit the people the\nemployer may consult when developing the return-to-work program.\n(5) Subsection (1) does not apply if—\n(a) the employer is part of a group of employers that has jointly\nestablished a single return-to-work program for each member of\nthe group; and\n(c) the employers are authorised in writing to do this by the\nMinister; and\n(b) the return-to-work program complies with subsection (3).\n\n","sortOrder":141},{"sectionNumber":"110","sectionType":"section","heading":"Return-to-work guidelines","content":"110 Return-to-work guidelines\n(1) The Minister may issue guidelines for the establishment of return-to-\nwork programs.\n(2) Guidelines are a disallowable instrument.\n(3) In deciding guidelines for this section, the Minister may consult with\nthe entities the Minister considers appropriate.\n\nPart 5.5A Obligations in relation to LTCS participants\nPart 5.5A Obligations in relation to LTCS\nparticipants\n110A LTCS participants—provision of information about\nassessment of treatment and care needs\n(a) an injured worker is a participant in the LTCS scheme in relation\nto a workplace injury for which an insurer is, or may be, liable\nto pay compensation; and\n(b) the LTCS commissioner gives the insurer a copy of the\nassessment of the injured worker’s treatment and care needs for\nthe workplace injury under the LTCS Act, section 23\n(Assessment of participant’s treatment and care needs).\n(2) The insurer must give the employer and injured worker a statement\nto the effect that the worker’s entitlement to weekly compensation\nmay stop if the worker unreasonably fails to comply with the\nrequirements of the assessment under the LTCS Act, section 23.\nNote 1 The injured worker also has an obligation to comply with any reasonable\nrequest the LTCS commissioner makes in relation to an assessment of the\ninjured worker’s treatment and care needs, including a request that the\ninjured worker undergo an examination by a health practitioner (see\nLTCS Act, s 26).\nNote 2 The LTCS commission may exchange information about a LTCS\nparticipant’s treatment and care needs with the participant’s employer in\ncertain circumstances (see LTCS Act, s 94).\n\nCompliance with ch 5 Part 5.6\n","sortOrder":142},{"sectionNumber":"111","sectionType":"section","heading":"Obligation of Minister","content":"111 Obligation of Minister\nThe Minister must monitor compliance by insurers with the\nrequirements of this chapter.\n","sortOrder":143},{"sectionNumber":"112","sectionType":"section","heading":"Compliance by insurers, including DI fund","content":"112 Compliance by insurers, including DI fund\n(1) It is a condition of an insurer’s approval that the insurer must comply\nwith the requirements of this chapter.\n(2) If, for this chapter, the insurer in relation to an injured worker’s injury\nis the DI fund, the DI fund manager must comply with the\nrequirements of this chapter applying to the fund.\n(3) Without limiting subsection (2), the DI fund manager must comply\nwith the requirements of this chapter applying to the DI fund as\ninsurer in relation to an injured worker’s injury if the manager—\n(a) receives a copy of the injury notice for the worker in relation to\nthe injury under section 94A (Uninsured employer to give DI\nfund manager injury notice etc), section 94B (Liquidator to give\nDI fund manager injury notice etc) or section 94C (Injured\nworkers of uninsured employers may give DI fund manager\ninjury notice); or\n(b) is otherwise satisfied that it is reasonably likely that there is no\ncompulsory insurance policy in force that applies to the worker\nin relation to the injury.\nMelissa suffers a workplace injury while working for Joe. Joe does not have a\ncompulsory insurance policy and gives the DI fund manager a copy of the injury\nnotice. The DI fund manager must comply with the requirements of an insurer\nunder this chapter in relation to Melissa’s injury.\n\n","sortOrder":144},{"sectionNumber":"113","sectionType":"section","heading":"Compliance by workers","content":"113 Compliance by workers\n(1) A worker is not entitled to weekly compensation for a period when\nthe worker unreasonably—\n(a) contravenes a requirement under this chapter (including under\nthe worker’s personal injury plan) after being asked in writing\nby the insurer to comply with the requirement; or\n(b) fails to take part in or make a reasonable effort to take part in\nvocational rehabilitation or a return-to-work program; or\n(c) fails to attend an assessment of the worker’s employment\nprospects; or\n(d) fails to attend a medical assessment of the worker’s injury; or\n(e) fails to undertake suitable alternative duties (if any) provided by\nthe employer; or\n(f) fails to take up an offer of suitable work for which the worker is\nqualified and that the worker can perform.\n(2) A worker’s entitlement to weekly compensation does not stop under\nthis section until 2 weeks after the day, or latest day, the insurer gives\nwritten notice to the worker and to the regulator that the compensation\nwill stop.\n(3) The notice must be accompanied by a statement of the reasons for the\nentitlement stopping and the action that the insurer considers the\nworker must take to be entitled to the continuation, or resumption, of\nweekly compensation.\n(4) The resumption of weekly compensation does not entitle the worker\nto weekly compensation for the period when the worker had no\nentitlement to weekly compensation.\n\nCompliance with ch 5 Part 5.6\n","sortOrder":145},{"sectionNumber":"114","sectionType":"section","heading":"Unreasonableness in stopping payment","content":"114 Unreasonableness in stopping payment\n(1) This section applies if an insurer gives the worker and regulator notice\nunder section 113 and stops the worker’s weekly compensation.\n(2) If the regulator considers that stopping the weekly compensation may\nhave been unreasonable, the regulator may do either or both of the\n(a) ask the insurer, in writing, for further information about the\nstoppage;\n(b) direct the insurer, in writing, not to stop paying the weekly\ncompensation, or to continue to pay the weekly compensation,\nfor a stated time that is not longer than 1 month.\n(3) If the regulator considers that stopping payment of the weekly\ncompensation is unreasonable, the regulator may—\n(a) tell the insurer so in writing; and\n(b) direct the insurer, in writing, not to stop paying the weekly\ncompensation, or to continue to pay the weekly compensation\nuntil the regulator otherwise directs or the claim is settled or\ndecided.\n(4) The insurer must not contravene a direction under this section.\n","sortOrder":146},{"sectionNumber":"115","sectionType":"section","heading":"Liability not affected","content":"115 Liability not affected\nNone of the following things done by an insurer or employer is an\nadmission of liability by the insurer or employer under this Act or\nindependently of this Act:\n(a) anything done under or for an injury management program or\npersonal injury plan;\n\n(b) anything done in relation to the assessment of an injured worker\nfor rehabilitation services or employment or the provision or\narrangement of services or other measures for the rehabilitation\nor suitable employment of injured workers (whether done under\na return-to-work program or otherwise).\n\n","sortOrder":147},{"sectionNumber":"116","sectionType":"section","heading":"Making claim for compensation","content":"116 Making claim for compensation\n(1) A worker may claim compensation under this Act.\n(2) A claim for weekly compensation must be accompanied by a medical\ncertificate from—\ndisease—a doctor prescribed by regulation; or\n(b) for any other claim—a doctor.\n(3) Failure to make a claim under this Act does not prevent the recovery\nof compensation if it is found that the failure was caused by\nignorance, mistake or other reasonable cause.\n","sortOrder":148},{"sectionNumber":"117","sectionType":"section","heading":"Claim for property loss or damage","content":"117 Claim for property loss or damage\n(1) This section applies to the loss of, or damage to, property because of\na compensable injury.\n(2) The details required to be given in the claim in relation to the loss or\ndamage are details that adequately identify the property and how it\nwas lost or damaged.\n","sortOrder":149},{"sectionNumber":"118","sectionType":"section","heading":"Medical certificates and claims for compensation","content":"118 Medical certificates and claims for compensation\n(1) To the extent that information or material has been given in the course\nof the making of a claim for compensation for an injury, it is not\nnecessary to give the information or material when making any\nfurther claim for compensation in relation to the same injury.\n\n(2) A medical certificate required to accompany a claim for weekly\ncompensation must—\n(a) comply with the requirements for medical assessments\nprescribed by regulation; and\n(b) include a statement of the doctor’s assessment of whether the\nworker’s condition is consistent with the worker’s employment\nbeing a substantial contributing factor to the injury.\n","sortOrder":150},{"sectionNumber":"119","sectionType":"section","heading":"No compliant certificate with claim","content":"119 No compliant certificate with claim\n(1) This section applies if a claim is deficient because section 118 (2) has\nnot been complied with.\n(2) If the insurer (or licensed self-insurer) tells the worker in writing\nabout the deficiency (including details of what is required to comply\nwith section 118 (2)) as soon as possible (but in any case within 72\nhours) after receiving the claim, the claim is not considered to have\nbeen made until section 118 (2) is complied with.\n(3) However, if the insurer (or licensed self-insurer) does not tell the\nworker in writing about the deficiency (including details of what is\nrequired to comply with section 118 (2)) within 72 hours after\nreceiving the claim, the claim is taken to comply with section 118 (2).\n(4) Subsection (2) does not apply if the insurer (or licensed self-insurer)\nwaives the requirement for the claim to comply with section 118 (2).\ninsurer, in relation to a claim, means—\n(b) for any other claim—the licensed insurer liable to indemnify the\n\n","sortOrder":151},{"sectionNumber":"120","sectionType":"section","heading":"Time for taking proceedings generally","content":"120 Time for taking proceedings generally\n(1) A proceeding for the recovery of compensation for an injury may\ncontinue only if—\n(a) notice of the injury (an injury notice) was given as soon as\npracticable after the injury happened, and before the worker\nvoluntarily left the employment in which the worker was\ninjured; and\n(b) the claim for compensation was made—\n(i) within 3 years after the injury happened; or\n(ii) if the worker was not aware of the injury when it\nhappened—within 3 years after the worker became aware\nof the injury; or\n(iii) if the worker dies—within 3 years after the claimant\nbecame aware of the death.\n(2) However, a proceeding for the recovery of compensation for an injury\nmay also continue if—\n(a) the Magistrates Court allows the proceeding to be maintained\nunder section 120A (Proceedings on late claims); or\n(b) the proceeding may be maintained under section 124 (No notice\nor defective or inaccurate notice).\nNote An injured worker may give notice of an injury by making an entry in a\nregister of injuries (see s 92).\n","sortOrder":152},{"sectionNumber":"120A","sectionType":"section","heading":"Proceedings on late claims","content":"120A Proceedings on late claims\n(1) A person may apply to the Magistrates Court to allow a proceeding\nfor the recovery of compensation to be maintained.\nNote Section 120 (2) allows the proceeding to be continued even if the claim\nwas made after the end of the time periods set out in s 120 (1), if the\nMagistrates Court allows it to be maintained under this section.\n\n(2) The Magistrates Court may allow the application if the court\nconsiders that it is just and reasonable to allow the proceeding to be\nmaintained.\n(3) Before making a decision about whether to allow the application, the\nMagistrates Court may hear anyone likely to be affected by the\nproceeding if the court considers it appropriate.\n(4) In considering whether to allow the application, the Magistrates Court\nmust have regard to all the circumstances of the case, including the\n(a) the length of and reasons for the delay in making the claim;\n(b) the extent to which, having regard to the delay, there is or is\nlikely to be prejudice to the employer;\n(c) the conduct of the employer and the employer’s licensed insurer\nafter the cause of action accrued to the claimant, including any\nsteps taken by the employer or the employer’s insurer to make\navailable to the claimant ways of working out facts that were or\nmight have been relevant to the cause of action;\n(d) the duration of any disability of the worker arising at the time of\nor after the injury giving rise to the claim;\n(e) the extent to which the claimant acted promptly and reasonably\nonce the claimant knew that the injury to, or death of, the worker\ncould be capable at that time of giving rise to a claim for\ncompensation;\n(f) any steps taken by the claimant to obtain medical, legal or other\nexpert advice and the nature of any advice received.\nclaimant, if the claim is made by a person other than the worker,\nincludes the worker.\n\n","sortOrder":153},{"sectionNumber":"121","sectionType":"section","heading":"Time for making claim under pt 4.4","content":"121 Time for making claim under pt 4.4\n(1) A claim for compensation payable under part 4.4 (Compensation for\npermanent injuries) in relation to an injury may not be made earlier\nthan 2 years after the injury.\n(2) However, the claim may be made earlier than 2 years after the injury\nif—\n(a) the injury is an imminently fatal asbestos-related disease; or\n(b) the injury has stabilised; or\n(c) in any other case—the Magistrates Court allows the claim to be\nmade.\n(3) The Magistrates Court may allow the claim to be made earlier than 2\nyears after the injury only if satisfied that an early application is\njustified by the severity of the injury or the prospect of the worker’s\nimminent death.\n(4) The worker’s injury is taken to have stabilised if—\n(a) the worker has returned to work for the worker’s pre-incapacity\nweekly hours (the previous work hours) or longer; and\n(b) the worker has been working at least the previous work hours\nfor at least 3 months.\n(5) However, the worker’s injury may have stabilised even if the worker\nhas not returned to work.\n","sortOrder":154},{"sectionNumber":"122","sectionType":"section","heading":"When is a claim made?","content":"122 When is a claim made?\n(1) A claim is made on the day the claim is given to—\ndisease—the insurer; or\n(b) for any other claim—the employer or the insurer.\nNote Payment of weekly compensation begins when the worker gives notice\nof the injury to the employer (see s 38).\n\n(2) If a claim mentioned in subsection (1) (b) is given to the employer\nand insurer on different days, the claim is made on the day the claim\nis given to the first of them.\ninsurer, in relation to a claim, means—\n(b) for any other claim—the licensed insurer liable to indemnify the\n","sortOrder":155},{"sectionNumber":"123","sectionType":"section","heading":"Injury notice","content":"123 Injury notice\n(1) An injury notice must contain—\n(a) the name and address of the injured worker; and\n(b) the cause of the injury (in ordinary language); and\n(c) the date and time the injury happened.\n(2) The notice must be served on—\n(a) if the notice relates to an imminently fatal asbestos-related\ndisease—the DI fund manager; or\n(b) if the notice relates to any other injury—the employer or, if the\nworker has more than 1 employer, the employer responsible for\nthe workplace where the injury happened.\n","sortOrder":156},{"sectionNumber":"124","sectionType":"section","heading":"No notice or defective or inaccurate notice","content":"124 No notice or defective or inaccurate notice\n(1) This section applies to a claim in relation to which—\n(a) an injury notice has not been given; or\n(b) the injury notice given was defective or inaccurate.\n\n(2) A proceeding may be maintained in relation to the claim if the\nMagistrates Court or arbitrator finds, in the proceeding for the claim,\nthat—\n(a) the employer’s defence is not, or would not be, prejudiced by\nthe lack of notice, or defect or inaccuracy in the notice, if a\nnotice or amended notice were given and the hearing postponed;\nor\n(b) the lack of notice, or defect or inaccuracy in the notice, was\ncaused by ignorance, mistake or another reasonable cause.\n","sortOrder":157},{"sectionNumber":"125","sectionType":"section","heading":"Admissibility of statements by injured workers","content":"125 Admissibility of statements by injured workers\n(1) A written statement in relation to a worker’s injury given by the\nworker to the employer is admissible in evidence on behalf of the\nemployer in a proceeding under this Act only if the employer gives\nthe worker a copy of the statement at least 14 days before the\nproceeding is heard.\nemployer includes the employer’s insurer.\n(b) the DI fund.\n","sortOrder":158},{"sectionNumber":"126","sectionType":"section","heading":"Action by employer in relation to claims","content":"126 Action by employer in relation to claims\n(1) If an employer receives a claim for compensation or another\ndocument in relation to a claim, the employer must, within 7 days\nafter the day the employer receives the claim or document, forward it\nto the liable insurer\n\n(2) If the employer receives a written request from the liable insurer for\nfurther stated information in relation to the claim or document, the\nemployer must, within 7 days after the day the employer receives the\nrequest—\n(a) give the insurer the requested information; or\n(b) if the information is not in the employer’s possession and is not\nreasonably obtainable by the employer—tell the insurer that in\nwriting.\n(3) If an employer has received an amount of compensation under this\nAct from an insurer, the employer must immediately pay the amount\nto the person entitled to the compensation.\n(4) This section does not apply to an employer who is a licensed\nliable insurer, in relation to a claim for compensation or another\ndocument in relation to a claim, means—\n(b) for any other claim—the insurer liable to indemnify the\n\n","sortOrder":159},{"sectionNumber":"126A","sectionType":"section","heading":"Lump sum claims—notice by licensed insurers about","content":"126A Lump sum claims—notice by licensed insurers about\ndouble compensation etc\n(1) This section applies if a licensed insurer is given notice by an\nemployer of a lump sum claim, and the insurer is liable to indemnify\nthe employer for the claim.\n(2) After the licensed insurer is given notice of the claim, the insurer must\ngive the claimant information explaining the requirements of the\nfollowing sections for the repayment of compensation together with\nthe employer’s legal costs as between party and party:\n• section 36F (No ACT compensation if external compensation\nreceived)\n• section 183 (Remedies against employer and stranger)\n• section 184 (No compensation if damages received)\n• section 185 (Dependants recovering damages and not claiming\ncompensation).\n\n","sortOrder":160},{"sectionNumber":"Part 6","sectionType":"part","heading":"2 Time for accepting or rejecting","content":"Part 6.2 Time for accepting or rejecting\nclaims\n","sortOrder":161},{"sectionNumber":"127","sectionType":"section","heading":"Meaning of insurer and given to insurer for pt 6.2","content":"127 Meaning of insurer and given to insurer for pt 6.2\ninsurer, in relation to a claim against an employer, means—\n(a) the licensed insurer with whom the employer has or had a\ncompulsory insurance policy that applies to the claim; or\n(b) if the employer was a licensed self-insurer when the injury\nhappened—the employer; or\n(c) the DI fund, if—\n(i) when the injury happened, the employer was not a licensed\nself-insurer, and the employer has or had no compulsory\ninsurance policy that applies to the claim; or\n(ii) when the injury happened, the employer was not a licensed\nself-insurer, and the employer has or had a compulsory\ninsurance policy that applies to the claim but the policy was\nissued by a licensed insurer that has been wound up or is\nbeing wound up; or\n(iii) the claim relates to an imminently fatal asbestos-related\n(2) For this part, a claim is given to the insurer if the claim is given to the\nlicensed insurer or the licensed insurer is given notice of the claim by\nthe employer or worker.\n\nTime for accepting or rejecting claims Part 6.2\n","sortOrder":162},{"sectionNumber":"128","sectionType":"section","heading":"Claim—injury other than imminently fatal","content":"128 Claim—injury other than imminently fatal\nasbestos-related disease\n(1) This section applies to a claim for compensation in relation to an\ninjury, other than an imminently fatal asbestos-related disease.\n(2) If, at the end of 28 days after the day the insurer receives the claim,\nthe insurer has not decided to reject the claim—\n(a) the insurer is taken to have accepted the claim; and\n(b) any payment made by the insurer in relation to the claim is not\nrecoverable.\n(3) However, subsection (2) (b) does not apply to a payment made by the\nDI fund.\n","sortOrder":163},{"sectionNumber":"128A","sectionType":"section","heading":"Claim—imminently fatal asbestos-related disease","content":"128A Claim—imminently fatal asbestos-related disease\n(1) This section applies to a claim for compensation in relation to an\nimminently fatal asbestos-related disease.\n(2) If, at the end of 28 days after the day the insurer receives the claim,\nthe insurer has not decided to reject the claim, the insurer must tell\nthe worker—\n(a) that the claim is still being considered by the insurer; and\n(b) the reason why the claim is still under consideration.\n","sortOrder":164},{"sectionNumber":"129","sectionType":"section","heading":"Rejecting claims generally","content":"129 Rejecting claims generally\n(1) An insurer rejects a claim for compensation under this Act by written\nnotice given to the worker and, unless the insurer is a licensed self-\ninsurer, the employer.\n(2) The claim is taken to be rejected when the notice is received by the\nworker and, unless the insurer is a licensed self-insurer, the employer.\n\n(3) If the worker and employer do not receive the notice on the same day,\nthe notice is taken to have been given on the day the notice is received\nby the last of them.\n(4) The notice must include the reason the insurer is rejecting the claim.\n(5) If the insurer rejects the claim 28 days or later after the claim is given\nto the insurer, the notice must include a statement explaining why the\ninsurer is rejecting the claim.\nNote It is an offence to make a false or misleading statement, give false or\n(6) For this section, a notice is taken not to contain the reason the insurer\nis rejecting the claim if it simply says the claim is being rejected for\nmedical reasons without including the medical reasons.\n","sortOrder":165},{"sectionNumber":"130","sectionType":"section","heading":"Rejecting claim within 28 days","content":"130 Rejecting claim within 28 days\n(1) If the insurer rejects the worker’s claim within 28 days after the claim\nis given to the insurer, the insurer may—\n(a) stop weekly compensation to the worker 2 weeks after the\ninsurer rejects the claim; and\n(b) stop payment of compensation mentioned under part 4.5\n(Compensation for medical treatment, damage and other costs)\nfor costs incurred 2 weeks or later after the insurer rejects the\nclaim.\nNote For how a claim is rejected, see s 129.\n(2) However, the insurer is not entitled to reject the worker’s claim within\n28 days after the claim is given to the insurer only on the ground that\nthe insurer has not had time to adequately assess the claim.\n\nTime for accepting or rejecting claims Part 6.2\n","sortOrder":166},{"sectionNumber":"131","sectionType":"section","heading":"Rejecting claims after 28 days but within 1 year","content":"131 Rejecting claims after 28 days but within 1 year\nIf the insurer rejects the worker’s claim 28 days or later, but not later\nthan 1 year, after the claim is given to the insurer, the insurer may—\n(a) stop weekly compensation to the worker 8 weeks after the\ninsurer rejects the claim; and\n(b) stop payment of compensation mentioned under part 4.5\n(Compensation for medical treatment, damage and other costs)\nfor costs incurred 8 weeks or later after the claim is rejected.\nNote For how a claim is rejected, see s 129.\n","sortOrder":167},{"sectionNumber":"132","sectionType":"section","heading":"Rejecting claims from 1 year","content":"132 Rejecting claims from 1 year\n(1) An insurer may reject a worker’s claim for compensation 1 year or\nlater after the claim is given to the insurer only with the leave of the\nMagistrates Court.\n(2) If the Magistrates Court gives leave to the insurer to reject the\nworker’s claim for compensation—\n(a) the insurer need not give the worker notice of the rejection if the\nworker, or the worker’s lawyer, is present when the court gives\nleave for the insurer to reject the claim; and\n(b) the insurer may stop paying weekly compensation—\n(i) on the day stated by the court in the order giving leave to\nthe insurer to reject the claim; or\n(ii) 8 weeks after the worker gets notice of the rejection if no\nday is stated in the order.\n\n(3) For this section, the worker gets notice of the rejection—\n(a) if the worker is present when the court gives leave to the insurer\nto reject the claim—on the day the court gives leave; or\n(b) when the worker receives notice of the rejection from the\nNote Court approved termination is dealt with under the regulations.\n\nLiability on claims Part 6.3\n","sortOrder":168},{"sectionNumber":"133","sectionType":"section","heading":"Without prejudice payments","content":"133 Without prejudice payments\nA licensed insurer may, when making a payment in relation to a\nclaim, state that the payment is not an admission of liability for the\ninjury in relation to which it is made.\n","sortOrder":169},{"sectionNumber":"134","sectionType":"section","heading":"Liability on claim not accepted or rejected","content":"134 Liability on claim not accepted or rejected\n(1) If a worker makes a claim in relation to an injury for which\ncompensation is payable under this Act, the licensed insurer is liable\nto pay weekly compensation and compensation for costs in relation\nto the injury until the insurer rejects or settles the claim.\n(2) A payment under this section may not be recovered by the licensed\n(3) However, the licensed insurer is not liable to pay, and may recover\nfrom the employer, an amount that the employer is liable to pay under\nsection 95 (What if employer does not give notice of injury within\ntime?).\n(4) Subsection (3) does not affect a licensed self-insurer’s liability in\nrelation to the claim.\ncompensation for costs, for a worker, means compensation to which\nthe worker is entitled under part 4.5 (Compensation for medical\ntreatment, damage and other costs).\n","sortOrder":170},{"sectionNumber":"135","sectionType":"section","heading":"Order for refund of overpayments of compensation","content":"135 Order for refund of overpayments of compensation\n(1) This section applies to a payment to a person (an overpayment),\npurportedly made because of an obligation arising under this Act, to\nwhich the person is not entitled under this Act.\n\n(2) However, this section only applies if the court before which a\nproceeding for a Criminal Code offence is taken against the person is\nsatisfied on the balance of probabilities that the person has received\nan overpayment as a result or partly as a result of the act or omission\nthat is alleged to constitute the offence.\n(3) The court may, on the application of the employer or licensed insurer\n(whether or not the person is convicted of the offence), order the\nperson to refund the amount of the overpayment to the person who\nmade the payment.\n(4) Unless the compensation is payable under an award of a court, the\nrefund may be deducted from future payments of compensation in\naccordance with the terms of the court’s order.\n(5) Subsection (3) applies even if the compensation is weekly\ncompensation that is payable under a direction of a conciliator.\n(6) This section does not limit any other right of recovery that a person\nmay have against someone else in relation to an overpayment to the\nother person.\nCriminal Code offence means an offence against the Criminal Code\nthat relates to—\n(a) completing, keeping or giving a document under or in relation\nto this Act; or\n(b) a requirement that a document be completed, kept or given,\nunder or in relation to this Act.\n\nSettlement of claims Part 6.4\n","sortOrder":171},{"sectionNumber":"136","sectionType":"section","heading":"Contracting out","content":"136 Contracting out\n(1) A provision of an agreement or other document is void if it purports\nto exclude, or limit in any way—\n(a) a right given to a worker under this Act; or\n(b) a liability imposed on an employer under this Act.\n(2) However, this section does not apply to an agreement by a worker to\ncommute an existing right to compensation for a compensable injury\n","sortOrder":172},{"sectionNumber":"137","sectionType":"section","heading":"How worker may commute rights","content":"137 How worker may commute rights\n(1) A worker may commute, in writing, an existing right to compensation\nfor a compensable injury on payment of an amount by the licensed\ninsurer (the settlement).\n(2) The settlement may include a payout of 1 or more of the following:\n(a) the worker’s entitlement to weekly compensation under part 4.3;\n(b) the worker’s entitlement to compensation for permanent injuries\nunder part 4.4;\n(c) the worker’s entitlement to compensation for medical treatment,\ndamage and other costs under part 4.5;\n(d) an entitlement of the worker to compensation apart from this\nAct;\n(e) any other amount.\n\n(3) However, if the worker is eligible to participate in the LTCS scheme,\nbefore the worker commutes an existing right to compensation under\nsubsection (1), the worker must apply under the LTCS Act to\nparticipate in the LTCS scheme.\n","sortOrder":173},{"sectionNumber":"138","sectionType":"section","heading":"No assignment etc of payout of weekly compensation","content":"138 No assignment etc of payout of weekly compensation\nA payout of weekly compensation may not—\n(a) be assigned, charged or attached; and\n(b) pass to anyone else by operation of law; and\n(c) have a claim set off against it.\n\nVocational rehabilitation Chapter 7\n","sortOrder":174},{"sectionNumber":"139","sectionType":"section","heading":"Meaning of approved rehabilitation provider etc","content":"139 Meaning of approved rehabilitation provider etc\napproved rehabilitation provider means a person approved by the\nMinister to provide vocational rehabilitation for this Act.\n(2) A regulation may make provision about the approval of rehabilitation\nproviders, including—\n(a) the criteria for approving rehabilitation providers; and\n(b) the conditions that may be imposed on the approval of\nrehabilitation providers; and\n(c) how and why the approval of an approved rehabilitation\nprovider may be revoked or suspended.\n(3) The regulations may also make provision about the role of approved\nrehabilitation providers under this Act.\n(4) The Legislation Act, section 47 (3) does not apply to a regulation\n","sortOrder":175},{"sectionNumber":"140","sectionType":"section","heading":"Meaning of vocational rehabilitation","content":"140 Meaning of vocational rehabilitation\nvocational rehabilitation, for the injured worker, means—\n(a) the assessment of the needs of the worker for paragraph (b); and\n(b) the provision of appropriate, adequate and timely services for\nthe worker aimed at maintaining the worker in suitable\nemployment or returning the worker to suitable employment.\n(2) For the definition of vocational rehabilitation, services are taken to\nbe appropriate, adequate and timely if they are in accordance with a\nrelevant protocol.\n\n","sortOrder":176},{"sectionNumber":"141","sectionType":"section","heading":"Meaning of protocol in ch 7 etc","content":"141 Meaning of protocol in ch 7 etc\nprotocol means a protocol about vocational rehabilitation approved\nunder a regulation.\n(2) A regulation may allow the Minister to approve a protocol about\nvocational rehabilitation.\n","sortOrder":177},{"sectionNumber":"142","sectionType":"section","heading":"Vocational rehabilitation","content":"142 Vocational rehabilitation\n(1) If the worker has a compensable injury, the employer must provide\nthe worker with vocational rehabilitation in accordance with this Act.\n(2) The provision of vocational rehabilitation to the worker is not taken\nto be an admission of liability for the worker’s claim for\ncompensation.\n(3) This section does not apply to a non-business employer.\n(4) Also, this section does not apply if the worker is a participant in the\nLTCS scheme.\n(5) A regulation may exempt employers from subsection (1), either\ncompletely or in prescribed circumstances.\n(6) An offence against this section is a strict liability offence.\n","sortOrder":178},{"sectionNumber":"142A","sectionType":"section","heading":"Vocational rehabilitation—LTCS participants","content":"142A Vocational rehabilitation—LTCS participants\n(a) a worker engaged by the employer is a participant in the LTCS\nscheme in relation to a workplace injury; and\n\nVocational rehabilitation Chapter 7\n(b) the LTCS commissioner gives the employer a copy of the\nassessment of the worker’s treatment and care needs for the\nworkplace injury under the LTCS Act, section 23 (Assessment\nof participant’s treatment and care needs); and\n(c) under the assessment, the employer is required to provide a\nservice to assist the worker’s return to work; and\n(d) the employer fails to provide the service.\nNote Assessed treatment and care needs—see the LTCS Act, s 29.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) (d) if the defendant proves that the defendant had a\nreasonable excuse for failing to provide the service.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (2) (see Criminal Code, s 59).\n","sortOrder":179},{"sectionNumber":"143","sectionType":"section","heading":"False representation of approval","content":"143 False representation of approval\nA person must not pretend to be an approved rehabilitation provider.\n\n","sortOrder":180},{"sectionNumber":"143A","sectionType":"section","heading":"Definitions","content":"143A Definitions\ninsurance service—an insurer provides an insurance service if, in\nthe course of carrying on a business, the insurer indemnifies an\nemployer for any liability of the employer, in relation to the\nemployer’s workers, under this Act.\ninsurer licence means a licence issued under section 145D.\nlicensed insurer means an insurer who holds an insurer licence.\nlicensed self-insurer means an employer who holds a self-insurer\nself-insurer licence means a licence issued under section 145O.\n","sortOrder":181},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of compulsory insurance policy","content":"144 Meaning of compulsory insurance policy\ncompulsory insurance policy, for the employer, means an insurance\npolicy—\n(a) for an unlimited amount for any liability of the employer under\nthis Act, or independently of this Act (other than liability for\nassessed treatment and care needs of participants in the LTCS\nscheme), for an injury to, or the death of, each territory worker\nemployed by the employer; and\n\nLicences—insurers Division 8.1.2\n(b) that complies with this Act.\n(2) Subject to section 147A (8) (Compulsory insurance—offences) and\nsection 154 (Cover notes), a cover note may be a compulsory\ninsurance policy.\n","sortOrder":182},{"sectionNumber":"145","sectionType":"section","heading":"Requirement to hold insurer licence","content":"145 Requirement to hold insurer licence\nAn insurer must not provide an insurance service unless the insurer\nholds an insurer licence.\nNote Section 145H makes it an offence to provide an insurance service without\na licence.\n","sortOrder":183},{"sectionNumber":"145A","sectionType":"section","heading":"Application for insurer licence","content":"145A Application for insurer licence\n(1) An insurer may apply to the regulator for an insurer licence.\n(2) The application must—\n(a) be in writing; and\n(b) comply with the requirements for the application.\nNote 1 A regulation may prescribe how an insurer may apply for an insurer\nlicence (see s 145J (a)).\nNote 2 It is an offence to make a false or misleading statement, give false or\n","sortOrder":184},{"sectionNumber":"145B","sectionType":"section","heading":"Regulator may request more information","content":"145B Regulator may request more information\n(1) The regulator may, by written notice, require an applicant for an\ninsurer licence to give the regulator information that the regulator\nreasonably needs to decide the application, within a stated time, at a\nstated place.\n\n(2) If the applicant does not comply with a requirement in the notice, the\nregulator may refuse to consider the application further.\n","sortOrder":185},{"sectionNumber":"145C","sectionType":"section","heading":"Change of information must be provided","content":"145C Change of information must be provided\n(1) This section applies if the information in an application for an insurer\nlicence changes before the application is decided.\n(2) The applicant must give the regulator written notice of the details of\nthe change as soon as practicable.\n","sortOrder":186},{"sectionNumber":"145D","sectionType":"section","heading":"Issue of insurer licence","content":"145D Issue of insurer licence\n(1) If an insurer applies for an insurer licence, the regulator must, within\na reasonable period—\n(a) issue the licence; or\n(b) refuse to issue the licence.\nNote 1 A decision to refuse to issue a licence is a reviewable decision (see ch 12\nand Workers Compensation Regulation 2002, sch 3, pt 3.1).\nNote 2 A licence may be issued with a condition (see s 145E).\n(2) The regulator may issue the licence to the applicant, only if the\nregulator is satisfied that the applicant meets the criteria for issuing\nan insurer licence.\nNote A regulation may prescribe the criteria for issuing an insurer licence (see\ns 145J (b)).\n","sortOrder":187},{"sectionNumber":"145E","sectionType":"section","heading":"Insurer licence—conditions","content":"145E Insurer licence—conditions\n(1) An insurer licence includes—\n(a) a condition that the licensee must comply with this Act; and\n(b) a condition that the licensee must not contravene a protocol that\nrelates to licensed insurers; and\n\nLicences—insurers Division 8.1.2\n(c) a condition that the licensee notify the regulator of any\nregulatory action taken against the licensee under a workers\ncompensation law; and\n(d) a regulator condition, if any; and\n(e) any other condition prescribed by regulation.\n(2) A regulator condition may be included, in writing, on an insurer\nlicence—\n(a) when the licence is issued; or\n(b) by amending the licence at any time.\n(3) The regulator may, at any time, amend or revoke a regulator condition\nincluded on an insurer licence.\nNote A decision by the regulator under s (2) or (3) is a reviewable decision (see\nch 12 and Workers Compensation Regulation 2002, sch 3, pt 3.1).\n(4) If the regulator amends a licensed insurer’s licence under\nsubsection (2) or (3), the regulator must tell the licensed insurer about\nthe amendment as soon as practicable, but not later than 30 days after\nthe day the regulator decides the amendment.\n","sortOrder":188},{"sectionNumber":"145F","sectionType":"section","heading":"Insurer licence—period","content":"145F Insurer licence—period\nAn insurer licence—\n(a) takes effect on the day stated in the licence; and\n(b) continues in force until it is cancelled or surrendered.\n","sortOrder":189},{"sectionNumber":"145G","sectionType":"section","heading":"Insurer licence—surrender","content":"145G Insurer licence—surrender\n(1) A licensed insurer may surrender its insurer licence by giving written\nnotice (a surrender notice) of the surrender to the regulator.\n(2) The surrender notice must be accompanied by—\n(a) the insurer licence; or\n\n(b) if the insurer licence has been lost, stolen or destroyed—a\nstatement verifying that the licence has been lost, stolen or\ndestroyed.\n(3) An insurer licence is taken to be cancelled if the licence is surrendered\n","sortOrder":190},{"sectionNumber":"145H","sectionType":"section","heading":"Providing insurance services without insurer licence","content":"145H Providing insurance services without insurer licence\n(1) A person commits an offence if the person—\n(a) provides an insurance service; and\n(b) does not hold an insurer licence.\n(2) A person commits an offence if the person falsely represents that the\nperson holds an insurer licence.\n","sortOrder":191},{"sectionNumber":"145I","sectionType":"section","heading":"Breach of insurer licence condition","content":"145I Breach of insurer licence condition\nA person commits an offence if—\n(a) the person holds an insurer licence; and\n(b) the licence is subject to a condition; and\n(c) the person fails to comply with the condition.\n","sortOrder":192},{"sectionNumber":"145J","sectionType":"section","heading":"Regulations about insurer licences","content":"145J Regulations about insurer licences\nA regulation may prescribe the following in relation to insurer\nlicences:\n(a) how an insurer may apply for an insurer licence;\n(b) the criteria for issuing an insurer licence;\n\n(c) the conditions that may be imposed on an insurer licence;\n(d) the records to be kept by licensed insurers, to whom the records\nmust be provided and the way to provide the records;\n(e) how insurance premium calculations by licensed insurers may\nbe reviewed;\n(f) how licensed insurers’ performance may be monitored and\nreviewed;\n(g) what and when licensed insurers must report to the regulator;\n(h) how and why an insurer licence may be suspended or cancelled.\n","sortOrder":193},{"sectionNumber":"145K","sectionType":"section","heading":"Requirement to hold self-insurer licence","content":"145K Requirement to hold self-insurer licence\n(1) An employer, other than a prescribed employer, must hold a\nself-insurer licence unless the employer holds a compulsory\ninsurance policy with a licenced insurer.\n(2) A prescribed employer must hold a self-insurer licence for any\nworkers who are not prescribed workers unless the prescribed\nemployer holds a compulsory insurance policy with a licensed insurer\nfor the workers.\n","sortOrder":194},{"sectionNumber":"145L","sectionType":"section","heading":"Application for self-insurer licence","content":"145L Application for self-insurer licence\n(1) An employer may apply to the regulator for a self-insurer licence.\n(2) The application must—\n(a) be in writing; and\n\n(b) comply with the requirements for the application.\nNote 1 A regulation may prescribe how an employer may apply for a self-insurer\nlicence (see s 145U (a)).\nNote 2 It is an offence to make a false or misleading statement, give false or\n","sortOrder":195},{"sectionNumber":"145M","sectionType":"section","heading":"Regulator may request more information","content":"145M Regulator may request more information\n(1) The regulator may, by written notice, require an applicant for a\nself-insurer licence to give the regulator information that the regulator\nreasonably needs to decide the application, within a stated time, at a\nstated place.\n(2) If the applicant does not comply with a requirement in the notice, the\nregulator may refuse to consider the application further.\n","sortOrder":196},{"sectionNumber":"145N","sectionType":"section","heading":"Change of information must be provided","content":"145N Change of information must be provided\n(1) This section applies if the information in an application for a\nself-insurer licence changes before the application is decided.\n(2) The applicant must give the regulator written notice of the details of\nthe change as soon as practicable.\n","sortOrder":197},{"sectionNumber":"145O","sectionType":"section","heading":"Issue of self-insurer licence","content":"145O Issue of self-insurer licence\n(1) If an employer applies for a self-insurer licence, the regulator must,\nwithin a reasonable period—\n(a) issue the licence; or\n(b) refuse to issue the licence.\nNote 1 A decision to refuse to issue a self-insurer licence is a reviewable decision\n(see ch 12 and Workers Compensation Regulation 2002, sch 3, pt 3.1).\nNote 2 A licence may be issued with a condition (see s 145P).\n\n(2) The regulator may issue the licence to the applicant, only if the\nregulator is satisfied that the applicant meets the criteria for issuing a\nself-insurer licence.\nNote A regulation may prescribe the criteria for issuing a self-insurer licence\n(see s 145U (b)).\n","sortOrder":198},{"sectionNumber":"145P","sectionType":"section","heading":"Self-insurer licence—conditions","content":"145P Self-insurer licence—conditions\n(1) A self-insurer licence includes—\n(a) a condition that the licensee must comply with this Act; and\n(b) a condition that the licensee must not contravene a protocol that\nrelates to licensed self-insurers; and\n(c) a condition that the licensee notify the regulator of any\nregulatory action taken against the licensee under a workers\ncompensation law; and\n(d) a regulator condition, if any; and\n(e) any other condition prescribed by regulation.\n(2) A regulator condition may be included, in writing, on a self-insurer\nlicence—\n(a) when the licence is issued; or\n(b) by amending the licence at any time.\n(3) The regulator may, at any time, amend or revoke a regulator condition\nincluded on a self-insurer licence.\nNote A decision by the regulator under s (2) or (3) is a reviewable decision (see\nch 12 and Workers Compensation Regulation 2002, sch 3, pt 3.1).\n(4) If the regulator amends a licensed self-insurer’s licence under\nsubsection (2) or (3), the regulator must tell the licensed self-insurer\nabout the amendment as soon as practicable, but not later than 30 days\nafter the day the regulator decides the amendment.\n\n","sortOrder":199},{"sectionNumber":"145Q","sectionType":"section","heading":"Self-insurer licence—period","content":"145Q Self-insurer licence—period\nA self-insurer licence—\n(a) takes effect on the day stated in the licence; and\n(b) continues in force until it is cancelled or surrendered.\n","sortOrder":200},{"sectionNumber":"145R","sectionType":"section","heading":"Self-insurer licence—surrender","content":"145R Self-insurer licence—surrender\n(1) A licensed self-insurer may surrender its self-insurer licence by\ngiving written notice (a surrender notice) of the surrender to the\nregulator.\n(2) The surrender notice must be accompanied by—\n(a) the self-insurer licence; or\n(b) if the self-insurer licence has been lost, stolen or destroyed—a\nstatement verifying that the licence has been lost, stolen or\ndestroyed.\n(3) A self-insurer licence is taken to be cancelled if the licence is\nsurrendered under this section.\n","sortOrder":201},{"sectionNumber":"145S","sectionType":"section","heading":"Failing to hold a self-insurer licence","content":"145S Failing to hold a self-insurer licence\n(1) A person commits an offence if the person—\n(b) is not—\n(i) the holder of a compulsory insurance policy with a licensed\ninsurer; or\n(ii) a prescribed employer that employs only prescribed\nworkers; and\n(c) fails to hold a self-insurer licence.\n\n(2) A person commits an offence if the person—\n(b) the person falsely represents that the person holds a self-insurer\n","sortOrder":202},{"sectionNumber":"145T","sectionType":"section","heading":"Breach of self-insurer licence condition","content":"145T Breach of self-insurer licence condition\nA person commits an offence if—\n(b) the person holds a self-insurer licence; and\n(c) the licence is subject to a condition; and\n(d) the person fails to comply with the condition.\n","sortOrder":203},{"sectionNumber":"145U","sectionType":"section","heading":"Regulations about self-insurer licences","content":"145U Regulations about self-insurer licences\nA regulation may prescribe the following in relation to self-insurer\nlicences:\n(a) how an employer may apply for a self-insurer licence;\n(b) the criteria to be considered by the regulator when deciding\nwhether to issue a self-insurer licence to an employer;\n(c) the conditions that may be imposed on a self-insurer licence;\n(d) the records to be kept by licensed self-insurers, to whom the\nrecords must be provided and the way to provide the records;\n(e) how licensed self-insurers’ performance may be monitored and\nreviewed;\n\n(f) what and when licensed self-insurers must report to the\nregulator;\n(g) the suspension and cancellation of self-insurer licences.\n","sortOrder":204},{"sectionNumber":"Div 8","sectionType":"division","heading":"1.4 Licences—compliance and other","content":"Division 8.1.4 Licences—compliance and other\nrequirements\n","sortOrder":205},{"sectionNumber":"146","sectionType":"section","heading":"Effect of cancellation or suspension of insurer licence","content":"146 Effect of cancellation or suspension of insurer licence\n(1) If the insurer licence of a licensed insurer is cancelled or suspended,\nsection 147 (1) (which requires an employer to have a compulsory\ninsurance policy) applies in relation to an insurance policy\n(a pre-cancellation policy) issued by the insurer when the insurer was\nlicensed, or the licence was not suspended, as if the insurer were still\nlicensed or the licence not suspended.\n(2) The cancellation or suspension of the licence of an insurer does not—\n(a) annul a pre-cancellation policy; or\n(b) affect the liability of the insurer under a pre-cancellation policy;\nor\n(c) affect the liability of the insurer under section 168A\n(Contributions to DI fund by licensed insurers and licensed\nself-insurers).\n(3) However, a regulation may prescribe circumstances in which (and\nwhen) a pre-cancellation policy issued by an insurer whose licence\nhas been cancelled stops being a compulsory insurance policy.\n","sortOrder":206},{"sectionNumber":"146A","sectionType":"section","heading":"Effect of cancellation or suspension of self-insurer","content":"146A Effect of cancellation or suspension of self-insurer\nlicence\n(1) The regulator may assign any rights, obligations and liabilities\nacquired, accrued or incurred by a former self-insurer, in relation to\nan injured worker, to the DI fund.\n\n(2) The DI fund is taken to be the licensed insurer for the former\nself-insurer in relation to a claim by an injured worker.\n(3) Unless otherwise directed by the regulator, if an assignment is made,\nthe former self-insurer must not fail to provide the DI fund with\ncopies of all documents relating to a claim by an injured worker.\nformer self-insurer means a licensed self-insurer whose self-insurer\nlicence, is cancelled or suspended, or ends.\n","sortOrder":207},{"sectionNumber":"147","sectionType":"section","heading":"Compulsory insurance—employers","content":"147 Compulsory insurance—employers\n(1) This section applies if an employer does not hold a compulsory\ninsurance policy issued by a licensed insurer.\n(2) However, this section does not apply to an employer if—\n(a) the employer is a licensed self-insurer; or\n(b) liability to pay compensation to a worker would be shared\nbetween the employer and either another employer or other\nemployers and any of the other employers maintains a joint\ncompulsory insurance policy for the joint liability of all the\nemployers; or\n(c) the employer provides evidence that a State was the Territory or\nState of connection for the employment under the law of a State\ncorresponding to part 4.2A (Employment connection with ACT\nor State); or\n(d) the employer had insurance, or was registered, as required under\nthe law of the State in relation to liability for workers\ncompensation under the law of the State; or\n\n(e) the employer is a prescribed employer and employs only\nprescribed workers.\n(3) The regulator may give the employer a notice (a default notice)\nrequiring the employer to obtain a compulsory insurance policy\nwithin 10 business days after the day the notice is given to the\nemployer (the compliance period).\n(4) If, at the end of the compliance period, the employer does not hold a\ncompulsory insurance policy issued by a licensed insurer, the\nregulator may give the employer another notice (a 2nd default notice)\nrequiring the employer to obtain a compulsory insurance policy\nwithin 10 business days after the day the notice is given to the\nemployer (the 2nd compliance period).\n(5) If, at the end of the 2nd compliance period, the employer does not\nhold a compulsory insurance policy issued by a licensed insurer, the\nregulator may give the employer a notice (a cease business notice)\ndirecting the employer to stop conducting the employer’s business.\n(6) A cease business notice takes effect 5 business days after the day the\nnotice is given to the employer.\n","sortOrder":208},{"sectionNumber":"147A","sectionType":"section","heading":"Compulsory insurance—offences","content":"147A Compulsory insurance—offences\n(1) This section applies to an employer to whom section 147 applies.\n(2) An employer commits an offence if the employer fails to maintain a\ncompulsory insurance policy with a licensed insurer.\n(3) An employer commits an offence if—\n(a) the employer is given a default notice; and\n\n(b) at the end of the compliance period, the employer does not hold\na compulsory insurance policy issued by a licensed insurer.\n(4) An employer commits an offence if—\n(a) the employer is given a 2nd default notice; and\n(b) at the end of the 2nd compliance period, the employer does not\nhold a compulsory insurance policy issued by a licensed insurer.\nMaximum penalty: 250 penalty units.\n(5) An employer commits an offence if—\n(a) the employer is given a cease business order; and\n(b) the employer does not cease to conduct the employer’s business.\nMaximum penalty: 250 penalty units.\n(6) An offence against subsection (2) or (3) is a strict liability offence.\n(7) Subsections (3), (4) and (5) do not apply to a non-business employer.\n(8) A cover note may be a compulsory insurance policy only if it is in\nforce for not longer than 30 days and—\n(a) the employer maintained a compulsory insurance policy (other\nthan a cover note) immediately before maintaining the cover\nnote; or\n(b) the employer was not an employer immediately before\nbeginning to maintain the cover note; or\n(c) the employer was a licensed self-insurer immediately before\nbeginning to maintain the cover note.\n(9) In this section:\n2nd compliance period—see section 147 (4).\n2nd default notice—see section 147 (4).\n\ncease business notice—see section 147 (5).\ncompliance period—see section 147 (3).\ndefault notice—see section 147 (3).\n","sortOrder":209},{"sectionNumber":"147B","sectionType":"section","heading":"Compulsory insurance policy—minimum premium","content":"147B Compulsory insurance policy—minimum premium\nfollowing default notice\n(1) This section applies if an employer—\n(a) receives a default notice, or a 2nd default notice, under\nsection 147; and\n(b) subsequently obtains a compulsory insurance policy issued by a\nlicensed insurer.\n(2) The employer must pay to the licensed insurer at least 30% of the\npremium payable for the policy at the time the policy is issued.\n","sortOrder":210},{"sectionNumber":"148","sectionType":"section","heading":"Effect of failure to maintain compulsory insurance on","content":"148 Effect of failure to maintain compulsory insurance on\nother insurance etc for this Act\n(a) an employer, other than a licensed self-insurer, fails to maintain\na compulsory insurance policy; but\n(b) the employer maintains an insurance policy (the other policy)\nfor a liability under this Act.\n(2) The failure to maintain a compulsory insurance policy does not—\n(a) annul the other policy; or\n(b) affect the liability of the insurer under the other policy; or\n(c) affect the liability of the insurer under section 168A\n(Contributions to DI fund by licensed insurers and licensed\nself-insurers).\n\n","sortOrder":211},{"sectionNumber":"149","sectionType":"section","heading":"Failure to maintain compulsory insurance policy—","content":"149 Failure to maintain compulsory insurance policy—\nregulator entitled to recovery amount\n(1) This section applies if an employer fails to maintain a compulsory\ninsurance policy with a licensed insurer.\n(2) However, this section does not apply if—\n(a) the employer provides evidence that a State was the Territory or\nState of connection for the employment under the law of a State\ncorresponding to part 4.2A (Employment connection with ACT\nor State); or\n(b) the employer had insurance, or was registered, as required under\na law of the State in relation to liability for workers\ncompensation under the law of the State.\n(3) The regulator must determine the amount of the premium (the\navoided premium) that would have been payable to a licensed insurer\nif the employer had maintained a compulsory insurance policy for the\nperiod that the employer was not insured (up to a maximum of 5\nyears).\n(4) The regulator may determine an amount (a recovery amount) for the\nemployer equal to—\n(a) double the avoided premium; or\n(b) an amount less than double the avoided premium, having regard\nto the following:\n(i) whether payment of the recovery amount would cause the\nemployer financial hardship;\n(ii) whether payment of the recovery amount would cause the\nemployer to stop conducting the employer’s business in the\nACT;\n(iii) whether the regulator is likely to recover the amount;\n\n(iv) the employer’s history of compliance with its obligations\n(v) whether the employer’s failure to maintain a compulsory\ninsurance policy was based on independent advice;\n(vi) steps the employer has taken to obtain a compulsory\ninsurance policy;\n(vii) any other material provided by the employer;\n(viii) any other relevant factor.\nNote The regulator’s determination under s (4) is an internally reviewable\ndecision (see Workers Compensation Regulation 2002, sch 3, pt 3.2).\n(5) If the regulator determines a recovery amount for an employer, the\nregulator must give the employer written notice of—\n(a) the avoided premium; and\n(b) the recovery amount.\n(6) The regulator may recover the recovery amount as a debt owing by\nthe employer to the DI fund.\nemployer does not include a licensed self-insurer or non-business\n","sortOrder":212},{"sectionNumber":"150","sectionType":"section","heading":"Evidence of maintenance of compulsory insurance policy","content":"150 Evidence of maintenance of compulsory insurance policy\nA statement in an information against an employer that there was no\ncompulsory insurance policy issued by a licensed insurer in favour of\nthe employer in force on a stated date, or during a stated period, is\nevidence of the matter.\n\n","sortOrder":213},{"sectionNumber":"152","sectionType":"section","heading":"Compulsory insurance—licensed insurers","content":"152 Compulsory insurance—licensed insurers\n(1) A licensed insurer must not refuse to issue a compulsory insurance\npolicy required by an employer for section 147A (2) (Compulsory\ninsurance—offences).\n(2) A licensed insurer must not issue an insurance policy required by an\nemployer for section 147A (2) that is not a compulsory insurance\npolicy.\n(3) Subsection (1) does not apply in relation to a compulsory insurance\npolicy if—\n(a) the employer has not paid for the policy; or\n(b) the employer has not given the insurer information reasonably\nrequested by the licensed insurer in relation to the policy.\n","sortOrder":214},{"sectionNumber":"153","sectionType":"section","heading":"Cancellation","content":"153 Cancellation\n(1) A licensed insurer must not cancel a compulsory insurance policy\notherwise than in accordance with a protocol about cancellation.\n","sortOrder":215},{"sectionNumber":"154","sectionType":"section","heading":"Cover notes","content":"154 Cover notes\n(1) A licensed insurer must not issue a cover note that is a compulsory\ninsurance policy for longer than 30 days.\n\n(3) A licensed insurer may recover a premium from an employer for a\nperiod for which a cover note from the licensed insurer was in force\nin relation to the employer if, at the end of the cover note, the\nemployer does not obtain a policy of insurance from the licensed\n","sortOrder":216},{"sectionNumber":"155","sectionType":"section","heading":"Information for licensed insurers on application for issue","content":"155 Information for licensed insurers on application for issue\nor renewal of policies\n(1) This section applies if an employer applies to a licensed insurer for\nthe issue or renewal of a compulsory insurance policy for a particular\nperiod (the proposed insurance period).\n(2) The employer must give the licensed insurer, with the application, a\nstatement of the employer’s estimate for the proposed insurance\n(3) The employer must give the licensed insurer, with the application, a\nstatement of the employer’s estimate for the proposed insurance\n(4) A statement of the employer’s estimate may be signed for the\nemployer by any of the following:\n(5) An offence against subsection (3) is a strict liability offence.\n\nemployer’s estimate, for a proposed insurance period, means the\nemployer’s estimate of the following:\n(a) the number of territory workers in each determined category to\nbe employed by the employer in the period;\n(b) the total wages to be paid to territory workers in each determined\ncategory in the period;\n(c) the number of paid and unpaid workers who will work for the\nemployer in the period;\n(d) the approximate amount of time each paid and unpaid worker\nwill work for the employer in the period.\n","sortOrder":217},{"sectionNumber":"155A","sectionType":"section","heading":"Employer must notify licensed insurer of certain","content":"155A Employer must notify licensed insurer of certain\ncorrected information\n(1) This section applies if an employer has provided an employer’s\nestimate under section 155 to a licensed insurer for a particular period.\n(2) If the employer’s estimate of total wages understates the correct\namount by more than $500 000 for the period, the employer must tell\nthe licensed insurer that information provided in the employer’s\nestimate is incorrect.\n(3) The employer must—\n(a) tell the licensed insurer about the incorrect information\nmentioned in subsection (2)—\n(i) in writing; and\n(ii) within 30 days after the day the employer becomes aware\nof the incorrect information; and\n(b) include in the written notice to the licensed insurer details of the\ncorrect estimate of the amount of total wages for the particular\n\n(4) The notice required under subsection (3) may be signed for the\nemployer by any of the following:\n(5) A person commits an offence if the person—\n(b) is required under this section to tell a licensed insurer about\nincorrect information; and\n(c) fails to tell the licensed insurer about the incorrect information\nwithin 30 days after the day the employer becomes aware of the\nincorrect information.\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":218},{"sectionNumber":"156","sectionType":"section","heading":"Information for licensed insurers after renewal of policies","content":"156 Information for licensed insurers after renewal of policies\n(1) This section applies if a compulsory insurance policy taken out by an\nemployer is renewed.\n(2) Within 30 days after the day the policy is renewed, the employer must\ngive the licensed insurer a statement of the total wages paid by the\nemployer to territory workers in the period from the day the policy\nwas issued or (if it had already been renewed) last renewed to the day\nbefore the latest renewal.\n\n(3) Within 30 days after the day the policy is renewed, the employer must\ngive the licensed insurer a statement of the total wages paid by the\nemployer to territory workers in the period from the day the policy\nwas issued or (if it had already been renewed) last renewed to the day\nbefore the latest renewal.\n(4) A statement made under this section may be signed for the employer\n(5) An offence against subsection (3) is a strict liability offence.\n","sortOrder":219},{"sectionNumber":"157","sectionType":"section","heading":"Information for licensed insurers after end or cancellation","content":"157 Information for licensed insurers after end or cancellation\nof policies\n(1) This section applies if a compulsory insurance policy taken out by an\nemployer ends or is cancelled, and the policy is not renewed.\n(2) Within 30 days after the day the policy ends or is cancelled, the\nemployer must give the licensed insurer a statement of the total wages\npaid by the employer to territory workers in the period during which\nthe policy was in force from the day it was issued or (if it had been\nrenewed) last renewed.\n(3) A statement made under this section may be signed for the employer\n\n(5) This section does not apply to a non-business employer.\n","sortOrder":220},{"sectionNumber":"158","sectionType":"section","heading":"Information for new licensed insurers after change of","content":"158 Information for new licensed insurers after change of\nlicensed insurers\n(a) a licensed insurer (the current insurer) issues a compulsory\ninsurance policy (the current policy) to an employer; and\n(b) immediately before the issue of the current policy, the employer\nwas covered by a compulsory insurance policy (the previous\npolicy) issued by a different licensed insurer.\n(2) Within 30 days after the day the current policy is issued, the employer\nmust give the current insurer a copy of the statement mentioned in\nsection 157 (2) in relation to the period from the day the previous\npolicy was issued or (if it had been renewed) last renewed to the day\nbefore the current policy was issued.\n(3) Within 30 days after the day the current policy is issued, the employer\nmust give the current insurer a copy of the statement mentioned in\nsection 157 (2) in relation to the period from the day the previous\npolicy was issued or (if it had been renewed) last renewed, to the day\nbefore the current policy was issued.\n(5) This section does not apply to a non-business employer.\n\n","sortOrder":221},{"sectionNumber":"160","sectionType":"section","heading":"Certificate of currency","content":"160 Certificate of currency\n(1) This section applies if an employer asks a licensed insurer, in writing,\nfor a certificate (a certificate of currency) for a compulsory insurance\npolicy held by the employer with the insurer.\n(2) Not later than 5 business days after the day the licensed insurer\nreceives the request, the insurer must give the employer a certificate\nof currency if—\n(a) the employer has not been given a certificate of currency for the\npolicy within the last 6 months; or\n(b) the employer has been given a certificate of currency for the\npolicy within the last 6 months, but either—\n(i) the details of the risk covered by the policy have changed\nsince the certificate was issued; or\n(ii) the employer reasonably requires another certificate.\nExample of reasonably requiring another certificate\nthe previous certificate has been destroyed in a fire\n(3) The certificate of currency must—\n(a) state the details given by the employer to the licensed insurer\nunder section 155 (Information for licensed insurers on\napplication for issue or renewal of policies); and\n(b) state the period for which the employer is insured under the\npolicy; and\n(c) state the period of up to 12 months for which the certificate is\ncurrent.\n(4) However, the licensed insurer need not give the employer a certificate\nof currency if—\n(a) the employer is in default under the insurance policy held by the\nemployer with the insurer; and\n\n(b) the insurer has told the employer, or tells the employer not later\nthan 5 business days after the day the employer asks for the\ncertificate, that the employer is in default under the policy.\n","sortOrder":222},{"sectionNumber":"161","sectionType":"section","heading":"Requirement to produce certificate of currency","content":"161 Requirement to produce certificate of currency\n(a) the employer holds a compulsory insurance policy with a\n(b) an authorised person asks to see a certificate of currency for the\npolicy; and\n(c) the employer does not produce a certificate of currency for the\npolicy for inspection.\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif—\n(a) the defendant has a reasonable excuse for failing to produce the\ncertificate of currency when required to; and\n(b) either—\n(i) not later than 7 business days after the day (the request\nday) the defendant is required to produce the certificate, the\ndefendant produces the certificate for inspection at a place\nprescribed by regulation for this subsection or at a place\ndirected in writing by the authorised person; or\n(ii) the defendant establishes that the defendant took\nreasonable steps to produce the certificate to the authorised\nperson not later than 7 business days after the request day.\n\nauthorised person, in relation to a certificate of currency for a\ncompulsory insurance policy, means—\n(a) an inspector; or\n(b) the principal of a worker who is, is to be, or could reasonably be\nexpected to be, covered by the policy; or\n(c) an industrial union of workers representing a worker employed\nby the employer.\nprincipal, of a worker—if the worker is employed to fulfil a contract\nthe employer has with someone else to do work in the other person’s\ntrade or business, the other person is the principal of the worker.\n","sortOrder":223},{"sectionNumber":"162","sectionType":"section","heading":"False information causing lower premium","content":"162 False information causing lower premium\n(a) the employer gives information in a relevant statement to a\n(b) the employer does so knowing that the information—\n(i) is false or misleading; or\n(ii) omits anything without which the information is\nmisleading.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) An employer commits an offence if—\n(a) the employer gives information in a relevant statement to a\n\n(b) the employer does so knowing that the information—\n(i) is false or misleading; or\n(ii) omits anything without which the information is\nmisleading; and\n(c) the licensed insurer relies on the information to work out the\npremium for a compulsory insurance policy for the person; and\n(d) the premium worked out by the licensed insurer for the policy is\nless than the premium would be if the person gave the correct\ninformation.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nrelevant statement means a statement provided by an employer for\nany of the following provisions:\n(a) section 155 (2) (Information for licensed insurers on application\nfor issue or renewal of policies);\n(b) section 156 (2) and (3) (Information for licensed insurers after\nrenewal of policies);\n(c) section 157 (2) (Information for licensed insurers after end or\ncancellation of policies).\n","sortOrder":224},{"sectionNumber":"162A","sectionType":"section","heading":"Avoiding payment of premium—regulator entitled to","content":"162A Avoiding payment of premium—regulator entitled to\nrecovery amount\n(a) an employer has given a licensed insurer a relevant statement for\na period, stating an amount of wages the employer has paid for\nthe period; and\n(b) the amount of wages the employer has paid for the period is at\nleast 10% more than the amount stated in the relevant statement.\n\n(2) The regulator must determine the amount of the avoided premium for\neach period of insurance to which a relevant statement mentioned in\nsubsection (1) applies (up to a maximum of 5 years).\n(3) The regulator may determine an amount (a recovery amount) for the\nemployer equal to—\n(a) double the avoided premium; or\n(b) an amount less than double the avoided premium, having regard\nto the following:\n(i) whether payment of the recovery amount would cause the\nemployer financial hardship;\n(ii) whether payment of the recovery amount would cause the\nemployer to stop conducting the employer’s business in the\nACT;\n(iii) whether the regulator is likely to recover the recovery\namount;\n(iv) the employer’s history of compliance with its obligations\n(v) whether the employer’s behaviour in completing the\nrelevant statement was based on independent advice;\n(vi) steps the employer has taken to obtain a compulsory\ninsurance policy;\n(vii) any other material provided by the employer;\n(viii) any other relevant factor.\nNote The regulator’s determination under s (3) is an internally reviewable\ndecision (see Workers Compensation Regulation 2002, sch 3, pt 3.2).\n\n(4) If the regulator determines a recovery amount for an employer, the\nregulator must give the employer written notice of—\n(a) the avoided premium; and\n(b) the recovery amount.\n(5) The regulator may recover the recovery amount as a debt owing by\nthe employer to the DI fund.\navoided premium, for a period of insurance, means an amount equal\nto the difference between—\n(a) the premium worked out for the period using the information\ngiven by the person; and\n(b) the premium worked out for the period using the correct\ninformation.\nrelevant statement means a statement provided by an employer for\nany of the following provisions:\n(a) section 156 (2) and (3) (Information for licensed insurers after\nrenewal of policies);\n(b) section 157 (2) (Information for licensed insurers after end or\ncancellation of policies).\n","sortOrder":225},{"sectionNumber":"162B","sectionType":"section","heading":"Cease business order","content":"162B Cease business order\n(a) a court or tribunal has entered a judgment in favour of the\nregulator against an employer for an amount under section 149\n(Failure to maintain compulsory insurance policy—regulator\nentitled to recovery amount) or section 162A (Avoiding\npayment of premium—regulator entitled to recovery amount);\nand\n\n(b) the employer has not paid the judgment debt within 28 days after\nthe day the judgment is entered.\n(2) The regulator may, in addition to any other right to enforce the\njudgment, apply to the court or tribunal for an order (a cease business\norder) directing the employer to cease conducting the employer’s\nbusiness until the judgment is paid.\n(3) A cease business order takes effect 5 business days after the day the\norder is made.\n","sortOrder":226},{"sectionNumber":"163","sectionType":"section","heading":"Employment after 2nd offence","content":"163 Employment after 2nd offence\n(1) For this section, an employer has been convicted of an offence if the\nemployer has been convicted of a 2nd or subsequent offence against\nany of the following sections:\n• section 147A (Compulsory insurance—offences)\n• section 155 (Information for licensed insurers on application for\nissue or renewal of policies)\n• section 156 (Information for licensed insurers after renewal of\npolicies)\n• section 157 (Information for licensed insurers after end or\ncancellation of policies)\n• section 158 (Information for new licensed insurers after change\nof insurers)\n• section 203 (Criminal liability of executive officers).\n(2) Subsection (1) only applies to an offence against section 203 if the\noffence relates to the contravention by a corporation of another\nsection mentioned in subsection (1).\n(3) An employer who has been convicted of an offence within the last\n5 years must not employ a territory worker.\nMaximum penalty: imprisonment for 5 years.\n\n","sortOrder":227},{"sectionNumber":"164","sectionType":"section","heading":"Provision of information to Minister","content":"164 Provision of information to Minister\n(1) This section applies to the following:\n(a) a licensed insurer;\n(b) a licensed self-insurer;\n(c) if a licensed insurer or a licensed self-insurer is a corporation—\nan executive officer of the corporation.\n(2) The Minister may, by written notice given to a person to whom this\nsection applies, require the person to give to the Minister, within the\nreasonable time stated in the notice—\n(a) details of the number of injuries for which compensation has\nbeen paid during the period stated in the notice and the total\ncompensation paid during that period; and\n(b) any other details relating to the operation of this Act stated in\nthe notice.\n(3) The notice must set out details of the applicable offences and\npenalties for the offences.\n(4) A person is not excused from giving particulars in accordance with a\nrequirement under subsection (2) on the ground that giving those\nparticulars would incriminate, or would tend to incriminate, the\nperson or would tend to expose that person to a proceeding for an\noffence against a law in force in Australia or elsewhere.\n(5) If a person is required to give details under subsection (2), the details\ngiven, or any information, document or thing obtained as a direct or\nindirect consequence of giving those details, is not admissible in\nevidence against the person in any civil or criminal proceedings in\nany court other than a proceeding for perjury or for an applicable\noffence.\n(6) A person to whom a notice is given must comply with the notice.\n\n(8) In this section:\napplicable offence means—\n(a) an offence against this section; or\n(b) an offence against the Criminal Code, section 338 (which is\nabout giving false or misleading information) or section 339\n(which is about producing false or misleading documents) in\nrelation to a notice that relates to—\n(i) completing, keeping or giving a document under or in\nrelation to this Act; or\n(ii) a requirement that a document be completed, kept or given\nunder or in relation to this Act.\n","sortOrder":228},{"sectionNumber":"164A","sectionType":"section","heading":"Meaning of regulatory action—div 8.1.5","content":"164A Meaning of regulatory action—div 8.1.5\nIn this division:\nlicence means an insurer licence or a self-insurer licence.\nlicensee means a licensed insurer or a licensed self-insurer.\nregulatory action, against a licensee, means any of the following\nactions:\n(a) including, amending, or revoking, a regulator condition on the\nlicence;\n(b) suspending the licence for either a fixed period or until a\nparticular event happens;\n(c) disqualifying the licensee from applying for another licence for\na fixed period or until a particular event happens;\n(d) cancelling the licence.\n\n","sortOrder":229},{"sectionNumber":"164B","sectionType":"section","heading":"When regulatory action may be taken","content":"164B When regulatory action may be taken\nThe regulator may take regulatory action against a licensee only if\nsatisfied on reasonable grounds that the licensee—\n(a) used false or misleading information to obtain the licence; or\n(b) contravened a condition of the licence; or\n(c) failed to give the Minister information requested under\nsection 164 (2); or\n(d) failed to comply with a provision of this Act; or\n(e) no longer meets the criteria under section 145D (Issue of insurer\nlicence) or section 145O (Issue of self-insurer licence) to hold\nthe licence; or\n(f) has contravened—\n(i) a workers compensation law; or\n(ii) a law prescribed by regulation.\n","sortOrder":230},{"sectionNumber":"164C","sectionType":"section","heading":"Notification of proposed regulatory action","content":"164C Notification of proposed regulatory action\n(1) Before the regulator takes regulatory action against a licensee, the\nregulator must give the licensee a written notice (a show cause\nnotice) stating—\n(a) the grounds on which, under section 164B, the regulator\nconsiders regulatory action may be taken; and\n(b) details of the proposed regulatory action; and\n(c) that the licensee may, not later than 14 days after the day the\nlicensee is given the notice, give a written submission to the\nregulator about the proposed regulatory action.\n(2) The regulator must consider any written submission received by the\nregulator in response to the show cause notice when making a\ndecision to take regulatory action against the licensee.\n\n","sortOrder":231},{"sectionNumber":"164D","sectionType":"section","heading":"Taking regulatory action","content":"164D Taking regulatory action\n(1) This section applies if the regulator, after complying with\nsection 164C, is satisfied on reasonable grounds that it is appropriate\nto take the regulatory action.\n(2) The regulator may—\n(a) if the proposed regulatory action is including, amending or\nrevoking a condition on a licence—include, amend or revoke the\ncondition; or\n(b) if the proposed regulatory action is suspending a licence—take\nany of the following action:\n(i) the action mentioned in paragraph (a);\n(ii) suspend the licence for a period; or\n(c) if the proposed regulatory action is disqualifying a licensee from\napplying for a further licence—take any of the following action:\n(i) the action mentioned in paragraph (b);\n(ii) disqualify the licensee from applying for a further licence\nfor a period; or\n(d) if the proposed regulatory action is cancelling a licence—take\nany of the following action:\n(i) the action mentioned in paragraph (c);\n(ii) cancel the licence.\nNote A decision under s (2) is a reviewable decision (see ch 12 and Workers\nCompensation Regulation 2002, sch 3, pt 3.1).\n\n(3) Before taking regulatory action against a licensee under this section,\nthe regulator must tell the licensee, by written notice (a notice of\nregulatory action)—\n(a) the regulatory action that will be taken; and\n(b) the day on which the regulatory action takes effect.\n(4) Regulatory action against the licensee takes effect on the day stated\nin the notice of regulatory action.\nproposed regulatory action, in relation to a licensee, means\nregulatory action mentioned in a show cause notice given to the\nperson under section 164C (1).\n","sortOrder":232},{"sectionNumber":"164E","sectionType":"section","heading":"Not taking regulatory action","content":"164E Not taking regulatory action\n(1) This section applies if, after considering a submission under\nsection 164C (2) received from a licensee, the regulator is satisfied\non reasonable grounds that regulatory action against the licensee—\n(a) may not be taken; or\n(b) may be taken, but it is not appropriate to take the action.\n(2) The regulator must give the licensee written notice telling the licensee\nthat regulatory action will not be taken against the licensee in relation\nto the matters stated in the show cause notice.\n","sortOrder":233},{"sectionNumber":"164F","sectionType":"section","heading":"Regulatory action in another jurisdiction","content":"164F Regulatory action in another jurisdiction\n(a) a licensee holds a licence under another workers compensation\nlaw; and\n(b) regulatory action is taken, or is proposed to be taken, against the\nlicensee in relation to that licence.\n\n(2) The licensee must, as soon as possible after the licensee becomes\naware of the regulatory action, tell the regulator—\n(a) the proposed regulatory action or regulatory action taken; and\n(b) the day on which the regulatory action takes effect.\nNote It is also a condition of a licence under s 145E and s 145P that the licensee\nnotify the regulator of any regulatory action taken against the licensee\nunder a workers compensation law.\n","sortOrder":234},{"sectionNumber":"164G","sectionType":"section","heading":"Effect of suspension","content":"164G Effect of suspension\nIf the regulator suspends a licence, the licensee is taken not to hold\nthe licence during the period of suspension.\n\n","sortOrder":235},{"sectionNumber":"165","sectionType":"section","heading":"Definitions—pt 8.2","content":"165 Definitions—pt 8.2\nclaim for payment—see section 170.\nclaims manager means an entity engaged as claims manager under\nsection 166F.\n","sortOrder":236},{"sectionNumber":"166","sectionType":"section","heading":"Establishment of DI fund","content":"166 Establishment of DI fund\n(1) The Default Insurance Fund (the DI fund) is established.\n(2) The DI fund consists of—\n(a) amounts received or recovered by or on behalf of the DI fund\nmanager under this Act; and\n(b) income from the investment of amounts of the fund; and\n(c) amounts borrowed by the Territory for the fund; and\n(d) other amounts lawfully paid into the fund.\n(3) The DI fund is to be managed by the DI fund manager and money\npaid into it is taken to be trust money under the Financial\nManagement Act 1996.\n\n","sortOrder":237},{"sectionNumber":"166A","sectionType":"section","heading":"Purpose of DI fund","content":"166A Purpose of DI fund\n(1) This section sets out the objects of the DI fund so far as this Act\nallows.\n(2) The DI fund must meet the cost of compensation to an injured worker\nif—\n(a) the employer of the injured worker does not have a compulsory\ninsurance policy to cover the worker for the claim; or\n(b) the employer is a prescribed employer and the injured worker is\na prescribed worker.\nNote An injured worker who was a director of the employer at the time of the\ninjury may not make a claim against the fund, unless the injured worker\nis a prescribed worker and the employer is a prescribed employer (see\ns 170 (3)).\n(3) The DI fund must meet the cost of compensation by indemnifying an\nemployer for compensation payable by the employer to an injured\nworker only if—\n(a) the employer has a compulsory insurance policy in force that\napplies to the injured worker for the injury forming the basis of\nthe claim but the policy was issued by a licensed insurer that—\n(ii) has been wound up; or\n(b) the employer is a licensed self-insurer and the employer is\nunable to pay the injured worker’s compensation.\n(4) The DI fund must meet the cost of an employer’s liability that arises\nindependently of this Act in relation to an injury to, or the death of, a\nterritory worker of the employer by paying an amount that satisfies or\ndischarges the liability to a person entitled to that amount if—\n(a) the employer of the worker does not have a compulsory\ninsurance policy to cover the liability; or\n\n(b) the employer is a prescribed employer and the territory worker\nis a prescribed worker.\nNote An injured worker who was a director of the employer at the time of the\ninjury may not make a claim against the fund, unless the injured worker\nis a prescribed worker and the employer is a prescribed employer (see\ns 170 (3)).\n(5) The DI fund must meet the cost of an employer’s liability arising\nindependently of this Act in relation to an injury to, or the death of, a\nterritory worker of the employer by indemnifying the employer, only\nif—\n(a) the employer has a compulsory insurance policy to cover the\nliability but the policy was issued by a licensed insurer that—\n(ii) has been wound up; or\n(b) the employer is a licensed self-insurer and the employer is\nunable to cover the liability.\nNote Section 170F, s 170G, s 170H and s 170HB deal with claims for payment\nagainst the DI fund for employers’ liability, arising independently of this\nAct, in relation to injury or death of a territory worker.\n166AA DI fund—compensation for imminently fatal\nasbestos-related disease\n(1) The DI fund must meet the cost of compensation payable to an injured\nworker for an injury that is an imminently fatal asbestos-related\n\n(2) If the DI fund pays compensation to an injured worker for an injury\nthat is an imminently fatal asbestos-related disease the DI fund is\nentitled to recover a recoverable amount from any of the following (a\nliable party) whether located in or outside the ACT:\n(a) a current or former employer of the injured worker if the disease\nwas contracted, aggravated, accelerated, or the disease recurred,\nwhen the worker was engaged by the employer;\n(b) an entity liable in tort for the injury;\n(c) an insurer for an employer mentioned in paragraph (a) or an\nentity mentioned in paragraph (b).\n(3) For subsection (2), the recoverable amount is the proportion of the\ntotal amount the DI Fund has paid to the injured worker as\ncompensation for the injury for which the liable party is responsible,\ndetermined by—\n(a) written agreement between the DI fund manager and the liable\nparty; or\n(b) arbitration.\n(4) A recoverable amount payable by a liable party is a debt owing by the\nliable party to the DI fund.\n","sortOrder":238},{"sectionNumber":"166B","sectionType":"section","heading":"Payments out of DI fund","content":"166B Payments out of DI fund\n(1) The DI fund manager may pay out of the fund—\n(a) amounts required by this Act to be paid in settlement of a claim\nmade under this Act; and\n(b) the amount of any costs or fees payable under this Act to the\nliquidator of a licensed insurer; and\n(c) costs and expenses incurred by a DI fund claims manager in the\nsettlement of claims made under this Act; and\n\n(d) repayments of, and interest on, any amount borrowed for, or\ncontributed by the Territory to, the fund; and\n(e) the amount of any fees, costs and expenses incurred in, or in\nrelation to, the administration of the fund; and\n(f) any other amount that may be paid out of the fund under a\nterritory law.\n(2) The DI fund manager must pay out of the fund any amount the\nMinister directs be transferred to the terrorism cover temporary\nreinsurance fund under part 8.3 (Acts of terrorism).\n","sortOrder":239},{"sectionNumber":"166C","sectionType":"section","heading":"Appointment of DI fund manager","content":"166C Appointment of DI fund manager\nThe director-general may appoint a public servant as the DI fund\nmanager (the DI fund manager) for this Act.\n","sortOrder":240},{"sectionNumber":"166D","sectionType":"section","heading":"DI fund manager’s functions etc","content":"166D DI fund manager’s functions etc\n(1) The DI fund manager manages the DI fund.\n(2) The DI fund manager also exercises any other function given to the\nmanager under this Act or any other territory law.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nNote 2 A provision of a law that gives an entity (including a person) a function\n(3) Anything done in the name of, or for, the DI fund by the DI fund\nmanager in exercising a function of the fund is taken to have been\ndone for, and binds, the fund.\n\n","sortOrder":241},{"sectionNumber":"166F","sectionType":"section","heading":"DI fund manager may engage consultants including","content":"166F DI fund manager may engage consultants including\nclaims manager\n(1) The DI fund manager may engage consultants.\n(2) Without limiting subsection (1), the DI fund manager may engage an\nentity (a claims manager) to manage injuries in relation to which\nclaims may be, or have been, made against the DI fund.\nNote The DI fund manager must engage an actuary (see s 166H).\n(3) However, the DI fund manager must not engage an entity under\nsubsection (2) unless satisfied that the entity has the experience and\nexpertise necessary to exercise the functions of a claims manager.\n(4) The conditions of a consultant’s engagement are the conditions\nagreed between the DI fund manager and the consultant.\n(5) To remove any doubt, this section does not give the DI fund manager\nthe power to enter into a contract of employment.\n","sortOrder":242},{"sectionNumber":"166G","sectionType":"section","heading":"Claims manager’s functions","content":"166G Claims manager’s functions\n(1) This section applies if the DI fund manager engages a claims\nmanager.\n(2) A claims manager may do the following in relation to a claim that the\nclaims manager was engaged to manage:\n(a) investigate the claim;\n(b) negotiate the terms of settlement of the claim, either by payment\nof a lump sum or by weekly payments in accordance with this\nAct;\n(c) if the injured worker was covered at the time of injury by a\ncompulsory insurance policy issued by a licensed insurer—\nexercise any right of the insurer arising from or in relation to the\npolicy;\n(d) anything prescribed by regulation.\n\n(3) Subsection (2) does not authorise a claims manager to—\n(a) pay an amount to satisfy a claim; or\n(b) recover an amount owed to a licensed insurer against whom a\nclaim is made under this Act.\n(4) A claims manager may also exercise any other function given to the\nclaims manager under this Act or any other territory law.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nNote 2 A provision of a law that gives an entity (including a person) a function\n","sortOrder":243},{"sectionNumber":"166H","sectionType":"section","heading":"Engagement of DI fund actuary","content":"166H Engagement of DI fund actuary\n(1) The DI fund manager must engage an actuary as the DI fund actuary.\n(2) However, the DI fund manager must not engage a person under\nsubsection (1) unless satisfied that the person has the experience and\nexpertise necessary to exercise the functions of the DI fund actuary.\n(3) The conditions of the DI fund actuary’s engagement are the\nconditions agreed between the DI fund manager and the actuary.\n","sortOrder":244},{"sectionNumber":"166I","sectionType":"section","heading":"Delegation by DI fund manager","content":"166I Delegation by DI fund manager\nThe DI fund manager may delegate the manager’s functions under\nthis Act or any other territory law to a public servant or a consultant\nengaged under this Act (including a claims manager and the DI fund\nactuary).\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nDI fund and prescribed employers etc Division 8.2.2A\n","sortOrder":245},{"sectionNumber":"166J","sectionType":"section","heading":"Determination about DI fund objects, prescribed","content":"166J Determination about DI fund objects, prescribed\nemployers and workers\n(1) The Executive may determine the objects of the DI fund\nfor the purpose of an employer and worker mentioned in\nsection 166A (2) (b) and (4) (b), including any requirements for the\noperation of the fund, including in relation to the following:\n(a) the class of employer that may apply to be a prescribed\n(b) the class of worker that is a prescribed worker;\n(c) how an employer may apply to be a prescribed employer;\n(d) the conditions with which a prescribed employer must comply;\n(e) the maximum period for which an employer may be a prescribed\n","sortOrder":246},{"sectionNumber":"166K","sectionType":"section","heading":"Determination of fees for prescribed employers","content":"166K Determination of fees for prescribed employers\n(1) The Executive may determine fees payable by a prescribed employer\nin relation to the administration of the DI fund under this part.\n","sortOrder":247},{"sectionNumber":"166L","sectionType":"section","heading":"Application to be prescribed employer","content":"166L Application to be prescribed employer\n(1) An employer who employs prescribed workers may apply to the\nMinister to be a prescribed employer for a particular period.\n(2) The employer must give the Minister, with the application—\n(a) a statement of the employer’s estimate for the particular period;\nand\n(b) any other information prescribed by regulation.\n\nemployer’s estimate, for the particular period, means the employer’s\nestimate of the following:\n(a) the number of prescribed workers to be employed by the\nemployer in the period;\n(b) the total wages to be paid to prescribed workers in the period;\n(c) the number of paid and unpaid prescribed workers who will\nwork for the employer in the period;\n(d) the approximate amount of time each paid and unpaid prescribed\nworker will work for the employer in the period.\n","sortOrder":248},{"sectionNumber":"166M","sectionType":"section","heading":"Assessment of application to be prescribed employer","content":"166M Assessment of application to be prescribed employer\n(1) The Minister must approve an employer’s application to be a\nprescribed employer for a particular period if the employer—\n(a) employs prescribed workers; and\n(b) has given the Minister the information mentioned in\nsection 166L (2).\n(2) The period for which the Minister approves an employer’s application\nmust not be longer than the period mentioned in section 166J (1) (e).\n(3) The Minister may decide that a prescribed employer is no longer a\nprescribed employer if the employer breaches a condition mentioned\nin section 166J (1) (d).\n(4) The Minister must tell the employer, in writing, of their decision\nmade under subsection (3).\n","sortOrder":249},{"sectionNumber":"166N","sectionType":"section","heading":"Application of amendments before commencement","content":"166N Application of amendments before commencement\n(1) This section applies if the Minister approves an employer’s\napplication to be a prescribed employer on or after the\ncommencement day but before the end of February 2026.\n\nAdministration of DI fund Division 8.2.3\n(2) This Act, as amended by the Workplace Legislation Amendment\nAct 2025 (No 2), part 3, applies to the prescribed employer and any\nworker of the employer who would on or after the commencement\nday be a prescribed worker in relation to an injury suffered by the\ncommencement day means the day the Workplace Legislation\nAmendment Act 2025 (No 2), part 3 commences.\n","sortOrder":250},{"sectionNumber":"167","sectionType":"section","heading":"Accounts for DI fund","content":"167 Accounts for DI fund\n(1) The DI fund manager must keep a separate account in the DI fund\nfor—\n(a) claims made against employers without compulsory insurance\npolicies; and\n(b) a licensed insurer if—\n(i) a claim is, or has been, made against a compulsory\ninsurance policy issued by the insurer; and\n(ii) the insurer cannot provide the indemnity required to be\nprovided under the policy.\n(2) The DI fund manager must keep accounts for—\n(a) amounts paid into the DI fund under division 8.2.4\n(Contributions to DI fund); and\n(b) amounts withdrawn from the fund.\n(3) Accounts kept of amounts withdrawn from the fund must show the\nreason why each amount is withdrawn.\n\n","sortOrder":251},{"sectionNumber":"167A","sectionType":"section","heading":"Investments of amounts of DI fund","content":"167A Investments of amounts of DI fund\nThe DI fund manager must invest amounts of the DI fund that are, in\nthe manager’s opinion, not immediately needed to make payments\nout of the fund under this Act.\n","sortOrder":252},{"sectionNumber":"167B","sectionType":"section","heading":"Borrowing for DI fund","content":"167B Borrowing for DI fund\n(1) The Treasurer may, on the conditions the Treasurer considers\nappropriate—\n(a) borrow money for the DI fund; or\n(b) lend public money to the DI fund.\n(2) The Treasurer may borrow money for the DI fund or lend money to\nthe DI fund to meet the costs of claims against the DI fund only if—\n(a) the costs, or the amount of the costs, are unexpected; and\n(b) either—\n(i) the costs cannot be met through the apportionment of\nliability under section 168A or section 168AA; or\n(ii) the Treasurer is satisfied that it is not appropriate to meet\nthe costs through the apportionment of liability under\nsection 168A or section 168AA.\n(3) Borrowing for the DI fund may be secured by the DI fund’s assets\nthat are approved in writing by the Treasurer.\n(4) The DI fund manager may only arrange an overdraft or credit facility\nfor the DI fund with the Treasurer’s written approval.\n(5) A loan under subsection (1) (b) may be made only from—\n(a) money appropriated for the loan; or\n(b) money appropriated for purposes that include making the loan.\n\nAdministration of DI fund Division 8.2.3\n","sortOrder":253},{"sectionNumber":"167C","sectionType":"section","heading":"Audit of DI fund","content":"167C Audit of DI fund\n(1) The DI fund manager must have the accounts for the DI fund for a\nfinancial year audited by a recognised auditor as soon as practicable\nafter the end of the financial year.\n(2) The DI fund manager must give the recognised auditor’s report and\nthe audited accounts to the director-general as soon as practicable\nafter the end of the financial year to which the report relates.\nrecognised auditor, for the DI fund, means an auditor who is not\nemployed or engaged by the DI fund.\n","sortOrder":254},{"sectionNumber":"167D","sectionType":"section","heading":"Information and assistance by employer to DI fund","content":"167D Information and assistance by employer to DI fund\nmanager\n(1) The DI fund manager may, by written notice given to an employer,\nrequire the employer to do 1 or more of the following:\n(a) give the manager stated information and assistance that the\nmanager reasonably considers necessary for the exercise of the\nmanager’s functions;\n(b) give the manager stated documents in the employer’s possession\nor control that the manager reasonably considers necessary for\nthe exercise of the manager’s functions;\n(c) execute stated documents that the manager reasonably considers\nnecessary for the employer to execute for the exercise of the\nmanager’s functions;\n(d) allow the manager or a person authorised by the manager, at a\nstated reasonable time, to inspect any plant, works, machinery\nand appliances used in the employer’s business that the manager\nreasonably considers necessary for the exercise of the manager’s\nfunctions.\n\n(2) An employer must take all reasonable steps to comply with a\nrequirement of the DI fund manager under subsection (1).\nNote The Legislation Act, s 170 deals with the application of the privilege\nagainst self-incrimination.\n","sortOrder":255},{"sectionNumber":"167E","sectionType":"section","heading":"Assessment of financial position","content":"167E Assessment of financial position\n(1) Each year, the DI fund manager must assess the DI fund’s financial\nposition.\n(2) In assessing the DI fund’s financial position, the DI fund manager—\n(a) must take into account—\n(i) the written advice of the DI fund actuary about existing and\nexpected liabilities of the fund; and\n(ii) the assets of the fund; and\n(b) may take into account any other information which, in the\nopinion of the DI fund manager, is relevant to an assessment of\nthe DI fund’s financial position.\n","sortOrder":256},{"sectionNumber":"167F","sectionType":"section","heading":"Determination that policy in force despite absence of","content":"167F Determination that policy in force despite absence of\nrecord\nThe DI fund manager may determine that an employer has a\ncompulsory insurance policy in force that applies to an injured worker\nfor an injury forming the basis of a claim for compensation if—\n(a) the employer cannot produce a record of the policy; and\n(b) the DI fund manager is satisfied that it is reasonably likely that\nthe employer has the policy.\n\nContributions to DI fund Division 8.2.4\n","sortOrder":257},{"sectionNumber":"168","sectionType":"section","heading":"Licensed insurers and licensed self-insurers must give","content":"168 Licensed insurers and licensed self-insurers must give\ninformation\n(1) The DI fund manager may, by written notice given to a licensed\ninsurer, require the insurer to give the manager, within a stated\nreasonable time, the following:\n(a) a written statement of the licensed insurer’s gross written\npremiums for a stated period;\n(b) any other stated information in relation to the amounts paid or\nearned by the licensed insurer in relation to compulsory\ninsurance policies.\n(2) The licensed insurer must comply with the notice under\n(3) The DI fund manager may, by written notice given to a licensed\nself-insurer, require the self-insurer to give the manager, within a\nstated reasonable time, the following:\n(a) a written statement of the licensed self-insurer’s total wages for\na stated period;\n(b) any other stated information in relation to the amounts paid\nunder this Act in relation to an injured worker.\n(4) The licensed self-insurer must comply with the notice under\n\n","sortOrder":258},{"sectionNumber":"168A","sectionType":"section","heading":"Contributions to DI fund by licensed insurers and","content":"168A Contributions to DI fund by licensed insurers and\nlicensed self-insurers\n(1) Each year, the DI fund manager must determine the yearly\ncontribution (the annual insurer contribution) licensed insurers and\nlicensed self-insurers must make to the DI fund based on the\n(a) the DI fund manager’s assessment of the DI fund’s—\n(i) existing and expected liabilities; and\n(ii) assets;\n(b) the total of the following amounts for the last completed policy\nperiod:\n(i) the gross written premiums for each licensed insurer;\n(ii) the notional gross written premium for each licensed\nself-insurer;\n(c) the amount required to be paid into the DI fund to ensure the\nsustainable functioning of the fund.\n(2) The DI fund manager may—\n(a) apportion liability for the annual insurer contribution among\nlicensed insurers and licensed self-insurers; and\n(b) determine whether a licensed insurer’s or licensed self-insurer’s\napportioned liability must be paid—\n(i) quarterly; or\n(ii) if the DI fund manager considers it necessary for the\nsustainable functioning of the DI fund—within a time\nstated by the DI fund manager.\n\nContributions to DI fund Division 8.2.4\n(3) The DI fund manager must state the apportioned liability of the\nannual insurer contribution as a percentage of—\n(a) for a licensed insurer—the gross written premiums for the\ninsurer; or\n(b) for a licensed self-insurer—the notional gross written premium\nfor the self-insurer.\n(4) If the DI fund manager makes an apportionment for a period, the\nmanager must give each licensed insurer and licensed self-insurer a\nwritten notice that—\n(a) sets out details of the apportionment; and\n(b) requires the insurer or self-insurer to pay to the DI fund the\namount apportioned to the insurer or self-insurer within the time\nfor payment stated in the notice.\nNote A licenced insurer issuing a compulsory insurance policy to an employer\nmust include information about the proportion of the premium that is to\noffset an amount paid by the insurer to the DI fund for the policy (see\nWorkers Compensation Regulation 2002, s 62A).\n(5) The time stated for payment in the notice must not be shorter than\n30 days after the day the licensed insurer or licensed self-insurer\nreceives the notice.\n(6) The DI fund manager may amend or revoke a notice given under this\nsection.\n(7) If an amount apportioned to the licensed insurer or licensed\nself-insurer is not paid within the time stated for payment in the\nnotice, the amount is a debt owing to the DI fund by the insurer or\n(8) The DI fund manager must pay into the DI fund each amount received\nor recovered under this section from a licensed insurer or licensed\n\n(9) In this section:\npolicy period means the period beginning on 1 July in a year and\nending on 30 June in the following year.\n168AA Supplementary contributions to DI fund by licensed\ninsurers and licensed self-insurers\n(a) the DI fund manager has made a determination of the annual\ninsurer contribution for a year under section 168A (1); and\n(b) after the determination was made an unusual claim or class of\nclaim (an unexpected claim) that was not reasonably\nforeseeable at the time the determination was made—\n(i) is brought against the DI fund in the year; and\n(ii) is, in the opinion of the DI fund manager, a claim that will\nbe settled in the year; and\n(c) the DI fund manager is of the opinion that the DI fund cannot\nmeet the cost of the unexpected claim.\n(2) The DI fund manager must determine and apportion a supplementary\nannual insurer contribution that licensed insurers and licensed self-\ninsurers must make to the DI fund to allow the fund to meet the cost\nof the unexpected claim for the year.\n(3) Section 168A (2), (3) and (4) apply to the apportionment of a\nsupplementary annual insurer contribution under this section as if the\ncontribution were an annual insurer contribution.\n\nDI fund’s relationship with liquidators of licensed insurers Division 8.2.5\nDivision 8.2.5 DI fund’s relationship with liquidators\nof licensed insurers\n","sortOrder":259},{"sectionNumber":"169","sectionType":"section","heading":"Displacement of liquidator’s Corporations Act obligation","content":"169 Displacement of liquidator’s Corporations Act obligation\n(1) The recovery of amounts by the DI fund from liquidators of licensed\ninsurers is declared to be an excluded matter for the purposes of the\nCorporations Act, section 5F in relation to the Corporations Act,\nsection 477, other than to the extent stated in subsection (2),\nsection 169A and section 169B.\nNote The Corporations Act, s 5F provides that, if a law of a State or Territory\ndeclares a matter to be an excluded matter for the purposes of that section\nin relation to all or part of the Corporations legislation of the\nCommonwealth, the provisions that are the subject of the declaration will\nnot apply in relation to that matter in the State or Territory that made the\ndeclaration.\n(2) The liquidator of a licensed insurer may exercise the liquidator’s\npowers under the Corporations Act, section 477 in relation to a claim,\njudgment, order or award arising out of or in relation to a compulsory\ninsurance policy issued by the insurer, subject to the following\nchanges:\n(a) the reference in section 477 to the approval of the court or the\ncommittee of inspection or of a resolution of the creditors is\ntaken to be a reference to the approval of the DI fund manager;\n(b) the words ‘subject to the provisions of section 556,’ is taken to\nbe omitted from subsection (1) (b);\n(c) any other necessary changes are taken to have been made;\n(d) any other changes prescribed by regulation are taken to have\nbeen made.\n\nDivision 8.2.5 DI fund’s relationship with liquidators of licensed insurers\n","sortOrder":260},{"sectionNumber":"169A","sectionType":"section","heading":"Payment to DI fund of amounts recovered by liquidator","content":"169A Payment to DI fund of amounts recovered by liquidator\nfrom reinsurer\n(a) a licensed insurer is, under a contract of reinsurance, insured\nagainst liability in relation to compulsory insurance policies\nissued by the insurer and liability in relation to them is incurred\nby the insurer; and\n(b) any part of the liability is met by an amount paid out of the DI\nfund under this Act; and\n(c) an amount in relation to that part of the liability of the insurer is\nreceived by a liquidator of the insurer from the reinsurer.\n(2) The liquidator must pay the amount to the DI fund, in priority to all\npayments in relation to debts mentioned in the Corporations Act,\nsection 556.\n(3) However, the liquidator may deduct from the amount the reasonable\nexpenses of or incidental to recovering the amount.\n(4) This section has effect despite any agreement to the contrary.\n","sortOrder":261},{"sectionNumber":"169B","sectionType":"section","heading":"Payment to DI fund of amounts recovered by liquidator","content":"169B Payment to DI fund of amounts recovered by liquidator\nusing fund amounts\n(a) the liquidator of a licensed insurer recovers an amount owed to\nthe insurer; and\n(b) the amount is recovered because of the payment of an amount\nout of the DI fund of part of a claim, judgment, order or award\narising out of or in relation to a compulsory insurance policy\nissued by the insurer.\n(2) The liquidator must pay the amount to the DI fund, in priority to all\npayments in relation to debts mentioned in the Corporations Act,\nsection 556.\n\nDI fund’s relationship with liquidators of licensed insurers Division 8.2.5\n(3) However, the liquidator may deduct from the amount the reasonable\nexpenses of or incidental to recovering the amount.\n(4) This section has effect despite any agreement to the contrary.\n","sortOrder":262},{"sectionNumber":"169C","sectionType":"section","heading":"Rights of DI fund manager against licensed insurer","content":"169C Rights of DI fund manager against licensed insurer\n(a) a licensed insurer cannot provide to an employer the indemnity\nrequired to be provided by a compulsory insurance policy issued\nby the insurer to the employer; and\n(b) any part of the employer’s liability is met by an amount paid out\nof the DI fund under this Act; and\n(c) all or part of the amount (the unrecovered amount) is not\nrecovered by the DI fund manager under section 169A or\nsection 169B.\n(2) The DI fund manager has the same rights against the insurer as the\nemployer in relation to the unrecovered amount.\n","sortOrder":263},{"sectionNumber":"169D","sectionType":"section","heading":"Liquidator to notify DI fund manager of dissolution","content":"169D Liquidator to notify DI fund manager of dissolution\nIf the liquidator of a licensed insurer applies to a court for an order\nthat the insurer be dissolved under the Corporations Act, the\nliquidator must as soon as practicable—\n(a) tell the DI fund manager in writing about the application; and\n(b) give the fund manager a copy of any order made by the court on\nthe application.\n\n","sortOrder":264},{"sectionNumber":"170","sectionType":"section","heading":"Who may make claim for payment","content":"170 Who may make claim for payment\n(1) A person may make a claim for payment against the DI fund (a claim\nfor payment) if the person—\n(a) is—\n(i) an injured worker (the injured worker) who sustained an\ninjury (the injury) that forms the basis of the claim for\npayment; or\n(ii) a person appointed to represent the injured worker; or\n(iii) if the injured worker has died leaving a dependent—a\ndependent of the injured worker; or\n(iv) if the injured worker has died leaving no dependents—a\nperson acting on behalf of the estate of the injured worker;\nand\n(b) cannot make a claim against a person other than the employer of\nthe injured worker for—\n(i) payment of compensation for the injury under this Act; or\n(ii) damages for the injury arising independently of this Act;\nand\n(c) is eligible to make a claim for payment under any of the\nfollowing provisions:\n(i) section 170E (Claim for payment if employer to pay and\nliability not covered by compulsory insurance policy etc);\n(ii) section 170F (Claim for payment if final judgment etc and\nliability not covered by compulsory insurance policy);\n(iii) section 170G (Claim for payment if agreement to discharge\nliability at common law and liability not covered by\ncompulsory insurance policy);\n\n(iv) section 170H (Claim for payment if final judgment etc and\nliability covered by compulsory insurance policy);\n(v) section 170HA (Claim for payment if entitlement to claim\ncompensation and licensed self-insurer unable to pay\ncompensation);\n(vi) section 170HB (Claim for payment if final judgment etc\nand licensed self-insurer unable to cover liability);\n(vii) section 170I (Claim for payment if entitlement to claim\ncompensation and liability covered by compulsory\ninsurance policy).\n(2) A person may also make a claim for payment if the person is—\n(a) an injured worker (the injured worker) who has sustained an\ninjury that is an imminently fatal asbestos-related disease (the\ninjury) that forms the basis of the claim for payment; or\n(b) a person appointed to represent the injured worker.\n(3) However, a person may not make a claim for payment if, at the time\nof the injury—\n(a) the injured worker was a director of the worker’s employer; and\n(b) the employer—\n(i) did not hold a compulsory insurance policy that applies to\nthe injured worker for the injury; or\n(ii) is not a prescribed employer and the injured worker is not\na prescribed worker.\n","sortOrder":265},{"sectionNumber":"170A","sectionType":"section","heading":"When must claim for payment be made","content":"170A When must claim for payment be made\nA claim for payment by a person must be made not later than—\n(a) 1 month after the day the person becomes eligible to make the\nclaim; or\n\n(b) any further time that the DI fund manager, on application,\nallows.\n","sortOrder":266},{"sectionNumber":"170B","sectionType":"section","heading":"How claim for payment made if no licensed insurer","content":"170B How claim for payment made if no licensed insurer\n(b) the liability of the employer to pay the compensation is not\ncovered by a compulsory insurance policy; and\n(i) the employer has been wound up; or\n(ii) a liquidator has been appointed for the employer but the\nemployer has not been wound up; or\n(iii) the liability of the employer to pay the compensation\nremains unpaid for at least 1 month.\n(b) given to the DI fund manager with a copy of any judgment, order\nor award relating to the claim.\n","sortOrder":267},{"sectionNumber":"170C","sectionType":"section","heading":"How claim for payment made if licensed insurer not","content":"170C How claim for payment made if licensed insurer not\nwound up\n\n(c) a liquidator has been appointed for the licensed insurer but the\ninsurer has not been wound up.\n(b) given to the liquidator of the licensed insurer, with a copy of any\njudgment, order or award relating to the claim.\n","sortOrder":268},{"sectionNumber":"170D","sectionType":"section","heading":"How claim for payment made if licensed insurer wound","content":"170D How claim for payment made if licensed insurer wound\nup\n(c) the licensed insurer has been wound up.\n(b) given to the DI fund manager with a copy of any judgment, order\nor award relating to the claim.\n","sortOrder":269},{"sectionNumber":"170E","sectionType":"section","heading":"Claim for payment if employer to pay and liability not","content":"170E Claim for payment if employer to pay and liability not\ncovered by compulsory insurance policy etc\n(a) a person has made a claim against an employer for compensation\nunder this Act; and\n(i) the employer has agreed to pay compensation; or\n\n(ii) the liability of the employer to pay compensation has been\nestablished; and\n(d) the liability of the employer to pay the compensation is not\ncovered by a compulsory insurance policy; and\n(e) at the end of 1 month after the day the compensation becomes\npayable, the compensation (or any part of it) has not been paid\nto the person.\nfund for payment of the amount of the compensation that remains\nunpaid.\ncompensation 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.\n","sortOrder":270},{"sectionNumber":"170F","sectionType":"section","heading":"Claim for payment if final judgment etc and liability not","content":"170F Claim for payment if final judgment etc and liability not\ncovered by compulsory insurance policy\n(a) a person has obtained a final judgment against an employer; and\n(c) the judgment relates to the employer’s liability independently of\nthis Act in relation to an injury to, or the death of, a territory\nworker of the employer; and\n(d) execution of the judgment has not been stayed; and\n(e) the liability of the employer under the judgment, order or award\nis not covered by a compulsory insurance policy; and\n\n(f) the judgment has remained completely or partly unsatisfied for\nat least 1 month.\nDI fund of the amount of the judgment that remains unsatisfied.\nNote See s 170 for def claim for payment.\n","sortOrder":271},{"sectionNumber":"170G","sectionType":"section","heading":"Claim for payment if agreement to discharge liability at","content":"170G Claim for payment if agreement to discharge liability at\ncommon law and liability not covered by compulsory\ninsurance policy\n(a) an employer has agreed with a person to pay an amount to\ndischarge the employer’s liability independently of this Act in\nrelation to an injury to, or the death of, a territory worker of the\n(c) the liability of the employer under the agreement is not covered,\nor is not completely covered, by a compulsory insurance policy;\nand\n(d) at the end of 1 month after the day the amount is payable, the\namount (or any part of it) has not been paid to the person.\nDI fund of the amount that remains unpaid.\n\n","sortOrder":272},{"sectionNumber":"170H","sectionType":"section","heading":"Claim for payment if final judgment etc and liability","content":"170H Claim for payment if final judgment etc and liability\ncovered by compulsory insurance policy\n(a) a person has obtained a final judgment, or an order or award has\nbeen made against an employer; and\n(b) the judgment, order or award relates to the employer’s liability\nindependently of this Act in relation to, or the death of, a\nterritory worker of the employer; and\n(c) the liability of the employer under the judgment, order or award\nis covered by a compulsory insurance policy; and\n(d) the licensed insurer is wound up or cannot provide the indemnity\nrequired by the policy to be provided.\nDI fund of the amount of the judgment, order or award that remains\nunsatisfied.\n170HA Claim for payment if entitlement to claim compensation\nand licensed self-insurer unable to pay compensation\n(a) a person has made a claim against an employer for compensation\nin relation to a territory worker employed by the employer; and\n(b) the employer is a licensed self-insurer; and\n(i) the employer has agreed to pay compensation; or\n(ii) the liability of the employer to pay compensation has been\nestablished; and\n(d) the employer is unable to pay the amount of compensation.\n\nfund for payment of the amount of compensation.\n170HB Claim for payment if final judgment etc and licensed\nself-insurer unable to cover liability\n(a) a person has obtained a final judgment, or an order or award has\nbeen made against an employer; and\n(b) the employer is a licensed self-insurer; and\n(c) the judgment, order or award relates to the employer’s liability\nindependently of this Act in relation to an injury to, or the death\nof, a territory worker of the employer; and\n(d) the employer is unable to cover the liability.\nfund of the amount of the judgment, order or award that remains\nunsatisfied.\n","sortOrder":273},{"sectionNumber":"170I","sectionType":"section","heading":"Claim for payment if entitlement to claim compensation","content":"170I Claim for payment if entitlement to claim compensation\nand liability covered by compulsory insurance policy\n(a) a person is entitled to claim against an employer for\ncompensation under this Act for an injury to, or the death of, a\nterritory worker employed by the employer; and\n(c) the licensed insurer is wound up or cannot provide the indemnity\nrequired by the policy to be provided.\nDI fund of the amount.\n\n","sortOrder":274},{"sectionNumber":"170J","sectionType":"section","heading":"Liquidator to forward claims to DI fund manager","content":"170J Liquidator to forward claims to DI fund manager\nThe liquidator of a licensed insurer who receives a claim for payment\nmust—\n(a) give a copy of the claim to the DI fund manager; and\n(b) give the manager all the information, and a copy of all the\ndocuments (including a copy of any judgment, order or award)\nthat the liquidator has relating to the claim.\n","sortOrder":275},{"sectionNumber":"170K","sectionType":"section","heading":"Power of Supreme Court to set aside agreements","content":"170K Power of Supreme Court to set aside agreements\n(1) If a claim for payment is made against the DI fund by someone\neligible to make the claim under section 170G (Claim for payment if\nagreement to discharge liability at common law and liability not\ncovered by compulsory insurance policy), the DI fund manager may\napply to the Supreme Court for an order setting aside the agreement\nto which the claim relates.\n(2) The Supreme Court may set aside the agreement if satisfied that there\nare reasonable grounds for believing that the employer has not\nhonestly tried to protect the employer’s own interests and taken all\nreasonable steps to protect the employer’s own interests.\n(3) If the Supreme Court sets the agreement aside, the costs of the\nrespondent in relation to the application are to be paid by the DI fund,\nunless the Supreme Court orders otherwise.\n(4) The Supreme Court may make an order about costs under\nsubsection (3) only if satisfied that it is appropriate to make the order\nbecause of the special circumstances surrounding the making of the\nagreement.\n\n","sortOrder":276},{"sectionNumber":"170L","sectionType":"section","heading":"Treatment of set aside agreement","content":"170L Treatment of set aside agreement\n(1) If an agreement is set aside under section 170K—\n(a) the agreement is taken never to have had effect for the purpose\nof any proceeding in a court; and\n(b) evidence of a statement or communication, or a part of a\nstatement or communication, tending to establish the existence\nof the agreement is not admissible in any proceeding in a court,\nunless the Supreme Court orders otherwise.\n(2) The Supreme Court may make an order under subsection (1) (b) only\nif satisfied that the admission of the evidence is necessary to avoid\ninjustice to a party to the proceeding.\n","sortOrder":277},{"sectionNumber":"170M","sectionType":"section","heading":"Time-barred rights after agreement set aside","content":"170M Time-barred rights after agreement set aside\n(a) an agreement is set aside under section 170K; and\n(b) apart from this section, a proceeding by a party to the agreement\nto recover damages in relation to a liability to which the\nagreement related would be barred when the agreement is set\naside, or would become barred not later than 3 months after the\nday the agreement is set aside, by the Limitation Act 1985 or\nanother territory law (the limitations law).\n(2) The proceeding may be started at any time not later than 3 months\nafter the day the agreement was set aside, despite the limitations law.\n","sortOrder":278},{"sectionNumber":"170N","sectionType":"section","heading":"Proceeding after agreement set aside","content":"170N Proceeding after agreement set aside\n(1) A person commits an offence if—\n(a) an agreement is set aside under section 170K; and\n(b) the person was a party to the agreement; and\n\n(c) the person brings a proceeding to recover damages in relation to\na liability under the agreement; and\n(d) at the end of 7 days after the day the proceeding is started, the\nperson has not given the DI fund manager written notice of the\nproceeding.\nMaximum penalty: 5 penalty units.\n(3) If notice is given to the DI fund manager under subsection (1) (d), the\nfund manager—\n(a) may, on behalf of the employer sued in the proceeding, conduct\nthe defence of the proceeding in the name of the employer and\nin the way the fund manager considers appropriate; and\n(b) must indemnify the employer against all costs and expenses in\nrelation to the proceeding.\n","sortOrder":279},{"sectionNumber":"171","sectionType":"section","heading":"Payments out of DI fund","content":"171 Payments out of DI fund\n(1) A claim for payment, other than a claim for payment for an injury that\nis an imminently fatal asbestos-related disease, may only be paid if\nthe terms of settlement of the claim are approved.\n(2) The terms of settlement of a claim for payment may be approved by—\n(a) if they provide for payment of a lump sum to the claimant for an\ninjury that is not an imminently fatal asbestos-related disease—\nthe Magistrates Court; or\n(b) in any other case—the DI fund manager.\n\n","sortOrder":280},{"sectionNumber":"171A","sectionType":"section","heading":"Reopening of agreements and awards","content":"171A Reopening of agreements and awards\n(1) This section applies if a claim for payment is made against the\nDI fund under section 170E (Claim for payment if employer to pay\nand liability not covered by compulsory insurance policy etc).\n(2) The DI fund manager may apply to the Magistrates Court for an order\ndirecting that the agreement or award under which the compensation\nunder the claim is payable be reopened on the ground that—\n(a) there is reason to believe that the employer has not honestly\nendeavoured to protect the employer’s own interests; and\n(b) the employer has not taken all reasonable steps to protect the\nemployer’s own interests.\n(3) The Magistrates Court may order that the agreement or award be\nreopened.\n","sortOrder":281},{"sectionNumber":"171B","sectionType":"section","heading":"Deciding or re-deciding claim","content":"171B Deciding or re-deciding claim\n(1) If the Magistrates Court makes an order under section 171A, the court\nmust decide or re-decide the claim for compensation by arbitration.\n(2) The DI fund manager is a party to the arbitration.\n(3) In an award made by the Magistrates Court under this section, the\ncourt may set aside the previous agreement or award.\n(4) An agreement by a person to accept, in settlement of a claim for\npayment against the DI fund, an amount less than the amount payable\naccording to an agreement or award has no effect unless approved by\nthe Magistrates Court.\n","sortOrder":282},{"sectionNumber":"171C","sectionType":"section","heading":"Approval of terms of settlement by court","content":"171C Approval of terms of settlement by court\n(1) This section applies if proposed terms of settlement of a claim for\npayment provide for payment of a lump sum to the claimant.\n(2) The DI fund manager may apply to the Magistrates Court for approval\nof the terms of settlement.\n\n(3) The Magistrates Court may approve the terms of settlement if\nsatisfied that they are just.\n","sortOrder":283},{"sectionNumber":"171D","sectionType":"section","heading":"DI fund paying claims for payment if liability not","content":"171D DI fund paying claims for payment if liability not\ncompletely covered by a compulsory insurance policy\nand settlement approved\n(1) This section applies to a claim for payment if—\n(a) the claim was made by a person who—\n(i) is mentioned in section 170 (1) (a); and\n(ii) is eligible to make a claim for payment under section 170E,\nsection 170F or section 170G; and\nNote Under s 170E, s 170F and s 170G, the employer’s liability is not\ncovered by a compulsory insurance policy.\n(b) the terms of settlement of the claim are approved by the\nMagistrates Court or DI fund manager under this division.\n(2) The DI fund manager must pay the claimant out of the DI fund the\namount necessary to satisfy the claim in accordance with the terms of\nsettlement.\n","sortOrder":284},{"sectionNumber":"171E","sectionType":"section","heading":"DI fund paying claims for payment against licensed","content":"171E DI fund paying claims for payment against licensed\ninsurers and licensed self-insurers if settlement approved\n(1) This section applies to a claim for payment if—\n(a) the claim was made by a person who—\n(i) is mentioned in section 170 (1) (a); and\n\n(ii) is eligible to make a claim for payment under\nsection 170H, section 170I, section 170HA or\nsection 170HB; and\nNote Under s 170H and s 170I, the employer’s liability is covered by a\ncompulsory insurance policy but the licensed insurer has been\nwound up or cannot provide the indemnity required to be provided\nunder the policy. Under s 170HA and s 170HB the employer is a\nlicensed self-insurer unable to cover liability.\n(b) the terms of settlement of the claim are approved by the\nMagistrates Court or DI fund manager under this division.\n(2) The DI fund manager must—\n(a) pay the liquidator out of the DI fund—\n(i) the amount necessary for the liquidator to satisfy the claim\nin accordance with the terms of settlement; and\n(ii) any further amount agreed to between the manager and\nliquidator for the liquidator’s costs in satisfying the claim;\nand\n(b) give the liquidator copies of all documents the fund manager has\nthat relate to the claim.\n(3) The liquidator must pay the amount mentioned in\nsubsection (2) (a) (i) to the claimant in satisfaction of the claim in\naccordance with the terms of settlement.\n(4) However, if the licensed insurer has been wound up under the\nCorporations Act before the DI fund manager makes a payment to the\nliquidator under subsection (2), the fund manager may directly pay\nthe claimant the amount necessary to satisfy the claim in accordance\nwith the terms of settlement.\n\n","sortOrder":285},{"sectionNumber":"171F","sectionType":"section","heading":"Liquidators to account to DI fund manager","content":"171F Liquidators to account to DI fund manager\n(1) This section applies if a liquidator receives an amount (the settlement\namount) under section 171E (2) (a) (i).\n(2) For each prescribed period, the liquidator must give the DI fund\nmanager a written statement setting out the payments made by the\nliquidator out of the settlement amount during the period.\n(3) A statement under subsection (2) must—\n(a) be given to the DI fund manager not later than 2 weeks after the\nend of the prescribed period to which it relates; and\n(b) be certified as correct by an auditor.\nprescribed period, in relation to a settlement amount, means—\n(a) the period of 3 months starting the day after the settlement\namount is received; and\n(b) each following period of 3 months, ending at the end of the 3-\nmonth period when the liquidator pays the last amount to the\nclaimant out of the settlement amount.\n","sortOrder":286},{"sectionNumber":"171G","sectionType":"section","heading":"Intervention by DI fund manager","content":"171G Intervention by DI fund manager\n(1) A person commits an offence if—\n(a) a claim for compensation has been made against the person; and\n(b) the person is not a licensed self-insurer; and\n(c) the person’s liability to pay compensation is not covered by a\ncompulsory insurance policy; and\n(d) the person does not give the DI fund manager a copy of the claim\nwithin 48 hours after the claim is made.\n\n(2) A person commits an offence if—\n(a) a claim for compensation has been made against the person; and\n(b) the person is not a licensed self-insurer; and\n(c) the person’s liability to pay compensation is not covered by a\ncompulsory insurance policy; and\n(d) the person makes an agreement or admission in relation to the\nclaim.\n(3) Subsection (2) does not apply to an admission or agreement if the DI\nfund manager consents to the admission or agreement.\n(4) The DI fund manager is entitled to intervene in any arbitration\nproceeding on the claim as a party.\n(5) The DI fund manager has the same right of objection to arbitration by\na committee as the employer has under the regulations.\n(6) An offence against this section is a strict liability offence.\n","sortOrder":287},{"sectionNumber":"171H","sectionType":"section","heading":"DI fund manager may act","content":"171H DI fund manager may act\n(1) This section applies to a claim for payment if the claim was made by\na person eligible to make the claim under section 170E, section 170F\nor section 170G.\nNote Under s 170E, s 170F and s 170G, the employer’s liability is not covered\nby a compulsory insurance policy.\n(2) The DI fund manager may treat the claim for payment as having been\nmade against the DI fund if—\n(a) the manager receives a copy of the claim under section 171G; or\n(b) the manager is otherwise satisfied that it is reasonably likely that\nthere is no compulsory insurance policy in force that applies to\nthe claim.\n\n","sortOrder":288},{"sectionNumber":"171I","sectionType":"section","heading":"Effect of payment of claims","content":"171I Effect of payment of claims\n(1) If an amount is paid to a claimant under this division in settlement of\na claim made under this Act in relation to a liability of an employer—\n(a) the payment operates to discharge the liability of the DI fund in\nrelation to the claim; and\n(b) the payment operates to discharge the liability of the employer;\nand\n(c) an amount equal to 3 times the amount of the payment is a debt\nowing by the employer to the DI fund; and\n(d) the DI fund has the right of subrogation for any right that the\nemployer has against anyone in relation to the matter that is the\nsubject of the claim that caused the liability of the employer.\n(2) However, subsection (1) (c) does not apply if—\n(a) the employer is a non-business employer; or\n(b) the claim was for payment for an injury that is an imminently\nfatal asbestos-related disease.\nDivision 8.2.8 Default insurance fund—\nmiscellaneous\n","sortOrder":289},{"sectionNumber":"172","sectionType":"section","heading":"Proceedings to be in the name of ‘Workers Compensation","content":"172 Proceedings to be in the name of ‘Workers Compensation\nDefault Insurance Fund Manager’\nAny proceeding by or against the DI fund may be taken in the name\nof ‘Workers Compensation Default Insurance Fund Manager’.\n\nDefault insurance fund—miscellaneous Division 8.2.8\n","sortOrder":290},{"sectionNumber":"172A","sectionType":"section","heading":"DI fund manager may consent to judgment etc","content":"172A DI fund manager may consent to judgment etc\n(1) This section applies if the DI fund manager conducts the defence of a\nproceeding against an employer for—\n(a) a claim for compensation under this Act; or\n(b) liability independent of this Act in relation to an injury to, or the\ndeath of, a territory worker of the employer.\n(2) The DI fund manager may, without the employer’s agreement—\n(a) make a decision affecting the interests of the employer in the\nproceeding; or\n(b) consent to judgment against the employer in the proceeding.\n(3) However, the DI fund manager must—\n(a) tell the employer about the manager’s intention to act under\nsubsection (2) (a) or (b); and\n(b) take into account the views (if any) of the employer.\n(4) Subsection (3) does not apply if the DI fund manager—\n(a) has taken reasonable steps to contact the employer; and\n(b) is unable to contact the employer.\n","sortOrder":291},{"sectionNumber":"173","sectionType":"section","heading":"DI fund manager not personally liable","content":"173 DI fund manager not personally liable\n(1) The DI fund manager is not personally liable to pay an amount\npayable in satisfaction of any claim made or judgment obtained\nagainst the DI fund manager or the amount of any costs or expenses\nof the DI fund manager in relation to such a claim or judgment.\n(2) An amount mentioned in subsection (1) is to be paid by the DI fund\nmanager out of the DI fund.\n\n","sortOrder":292},{"sectionNumber":"176","sectionType":"section","heading":"Premiums—maximum rates","content":"176 Premiums—maximum rates\n(1) A licensed insurer must not charge, or accept, a premium for a\ncompulsory insurance policy that is greater than the premium worked\nout in accordance with the maximum rate of premium prescribed by\nregulation.\n","sortOrder":293},{"sectionNumber":"177","sectionType":"section","heading":"Premiums—remuneration for professional sporting","content":"177 Premiums—remuneration for professional sporting\nactivity\nAn employer is not liable to pay any part of a premium for a\ncompulsory insurance policy calculated by reference to the\nremuneration payable to an employee for engaging in professional\nsporting activity.\n","sortOrder":294},{"sectionNumber":"178","sectionType":"section","heading":"Workers’ rights to information","content":"178 Workers’ rights to information\n(1) If a territory worker who is or has been employed by an employer\nasks the employer for the name and address of the person who was\nthe employer’s licensed insurer on a stated date, the employer must—\n(a) if the employer was not a licensed self-insurer on that date—tell\nthe worker the name and address of the approved insurer, or each\napproved insurer, who issued a compulsory insurance policy to\nthe employer that was current on that date; or\n(b) if the employer was a licensed self-insurer on that date—tell the\nworker that fact.\n\nDefault insurance fund—miscellaneous Division 8.2.8\n(2) An employer must keep displayed, in accordance with subsection (3),\na notice containing a summary of the requirements of this Act for\nmaking compensation claims, in the form approved by the Minister\nunder section 222 (Approved forms) for the notice, and stating—\n(a) that claim forms for compensation are available from the\nemployer on request and free of charge; and\n(b) if the employer is a party to a compulsory insurance policy—the\nlicensed insurer’s name and address; and\n(c) if the employer is a licensed self-insurer—that the employer is\nexempt from the requirement to obtain insurance under this Act.\n(3) The employer must display the notice in a conspicuous place so that\nit can be conveniently read by each territory worker employed by the\n(4) An employer must ensure that claim forms approved by the Minister\nunder section 222 (Approved forms) are available during business\nhours to each territory worker who is or has been employed by the\nworker on request and free of charge.\n","sortOrder":295},{"sectionNumber":"179","sectionType":"section","heading":"Regulations to allow Minister to authorise people","content":"179 Regulations to allow Minister to authorise people\nA regulation may—\n(a) allow the Minister to authorise people with accounting or\nauditing skills to examine records of wage estimates, evidence\nsupporting wage estimates and records of wages paid; and\n(b) prescribe the circumstances in which the people authorised may\nenter premises to examine the records.\n\n","sortOrder":296},{"sectionNumber":"179A","sectionType":"section","heading":"Application of pt 8.3 to insurers","content":"179A Application of pt 8.3 to insurers\n(1) This part applies to an insurer if—\n(a) the insurer has acted honestly and taken all proper and business-\nlike steps to obtain reinsurance for the insurer’s liability to pay\ncompensation for injuries or deaths (or both) caused by acts of\nterrorism; and\n(b) the insurer accepts liability for claims for compensation for\ninjuries or deaths (or both) caused by the act of terrorism; and\n(c) the insurer has acted honestly and taken all proper and business-\nlike steps to demand the maximum amounts the insurer may\ndemand under the reinsurance contracts held by the insurer that\napply in relation to the claims; and\n(d) the total amount paid by the insurer for the claims, after the\ndeduction of the maximum amounts the insurer may receive\nunder the reinsurance contracts, is more than the temporary fund\nthreshold amount that applies to the insurer.\n(2) For this part, the temporary fund threshold amount that applies to an\ninsurer is the amount worked out using the following formula:\ninsurer’s market share means the proportion (expressed as a\npercentage) of the administrative costs of the Act apportioned by the\nMinister to the insurer under section 210 (1) (Apportioning cost of\nadministering workers compensation and safety legislation) in\nrelation to the financial year before the act of terror happens.amount.poolpremiumrelevantsharemarketsinsurer' \n\npremium pool means the total amount of—\n(a) the premium income received by each licensed insurer in\nrelation to compulsory insurance policies in the financial year\nbefore the act of terror happens; and\n(b) the premium that would have been payable by each licensed\nself-insurer if the licensed self-insurer had obtained a\ncompulsory insurance policy for the financial year (or the part\nof the financial year for which the licensed self-insurer was a\nlicensed self-insurer).\nrelevant premium pool amount means 5% of the premium pool.\n","sortOrder":297},{"sectionNumber":"179B","sectionType":"section","heading":"Definitions—pt 8.3","content":"179B Definitions—pt 8.3\nact of terrorism—see section 179C.\ninsurer means a licensed insurer or a licensed self-insurer.\ntemporary fund—see section 179D (1).\ntemporary fund threshold amount—see section 179A (2).\n","sortOrder":298},{"sectionNumber":"179C","sectionType":"section","heading":"Meaning of act of terrorism for pt 8.3","content":"179C Meaning of act of terrorism for pt 8.3\nact of terrorism means the use or threat of action if—\n(a) the action falls within subsection (2); and\n(b) the use or threat is designed to influence a government or to\nintimidate the public or a section of the public; and\n(c) the use or threat is made for the purpose of advancing a political,\nreligious or ideological cause.\n(2) Action falls within this subsection if it—\n(a) involves serious violence against a person; or\n\n(b) involves serious damage to property; or\n(c) endangers a person’s life, other than that of the person\ncommitting the action; or\n(d) creates a serious risk to the health or safety of the public or a\nsection of the public; or\n(e) is designed seriously to interfere with or seriously to disrupt an\nelectronic system.\n(3) The use or threat of action falling within subsection (2) that involves\nthe use of firearms or explosives is terrorism whether or not\nsubsection (1) (b) is satisfied.\naction includes action outside the ACT or Australia.\ngovernment includes the government of another Australian\njurisdiction or a foreign country.\nperson means a person anywhere, whether in or outside the ACT or\nAustralia.\nproperty means property located anywhere, whether in or outside the\nACT or Australia.\npublic includes the public of a place outside the ACT or Australia.\n","sortOrder":299},{"sectionNumber":"179D","sectionType":"section","heading":"Terrorism cover temporary reinsurance fund","content":"179D Terrorism cover temporary reinsurance fund\n(1) If this part applies to an insurer, the terrorism cover temporary\nreinsurance fund (the temporary fund) is established.\n(2) The temporary fund consists of—\n(a) the amounts of levies paid by insurers under this part; and\n(b) amounts borrowed by the Territory for the fund; and\n(c) any contributions made by the Territory to the fund; and\n\n(d) any amount paid to the fund by the DI fund manager under\nsection 166B (2); and\n(e) income from the investment of amounts in the fund; and\n(f) any other amounts that may lawfully be paid into the fund.\n(3) The temporary fund is to be managed by the Territory and money paid\ninto it is taken to be trust money under the Financial Management\nAct 1996.\n(4) However, the Financial Management Act 1996, section 53A\n(Unclaimed trust money) does not apply to the temporary fund.\n","sortOrder":300},{"sectionNumber":"179E","sectionType":"section","heading":"Entitlement of insurers to reimbursement from temporary","content":"179E Entitlement of insurers to reimbursement from temporary\nfund\n(1) If this part applies to an insurer because of an act of terrorism, the\ninsurer is entitled to be reimbursed from the temporary fund the\ninsurer’s uninsured liability for the act of terrorism less the temporary\nfund threshold amount that applies to the insurer in relation to the act\nof terrorism.\n(2) However, the insurer is entitled to be fully reimbursed from the\ntemporary fund the insurer’s uninsured liability for another act of\nterrorism that happens not later than 1 year after the day the act of\nterrorism mentioned in subsection (1) happens.\n(3) Subsection (2) applies only if the insurer has acted honestly and taken\nall proper and business-like steps to—\n(a) obtain reinsurance for the insurer’s liability to pay compensation\nfor injuries or deaths (or both) caused by the later act of\nterrorism; and\n(b) demand the maximum amounts the insurer may demand under\nthe reinsurance contracts held by the insurer that apply in\nrelation to the later act of terrorism.\n\ninsurer’s uninsured liability, for an act of terrorism, means the total\nof the amounts paid by the insurer for claims for compensation for\ninjuries or deaths (or both) caused by the act of terrorism less all\namounts that are recoverable (or to the extent that they are\nrecoverable) by the insurer under the reinsurance contracts held by\nthe insurer that apply in relation to the claims.\n","sortOrder":301},{"sectionNumber":"179F","sectionType":"section","heading":"Payments out of temporary fund","content":"179F Payments out of temporary fund\nThe temporary fund may be used to—\n(a) pay any amount required under this part to be paid from the\nfund; and\n(b) repay any amount borrowed for, or contributed by the Territory\nto, the fund; and\n(c) pay interest on an amount mentioned in paragraph (b).\n","sortOrder":302},{"sectionNumber":"179G","sectionType":"section","heading":"Regulations about temporary fund","content":"179G Regulations about temporary fund\n(1) A regulation may make provision in relation to the temporary fund,\nincluding—\n(a) the imposition of levies on insurers for the fund; and\n(b) payments from the fund.\n(2) In particular, a regulation may make provision in relation to—\n(a) levies for the fund, including their rate; and\n(b) payments to the fund, including contributions by the Territory\nto the fund; and\n(c) payments from the fund, including the information insurers\nclaiming an entitlement to reimbursement from the fund must\ngive to the fund’s manager.\n\n(3) However, a regulation must not impose a levy for a period that is—\n(a) for a licensed insurer—more than 10% of the premiums received\nby the insurer in relation to compulsory insurance policies\nissued by the insurer that begin during the period; and\n(b) for a licensed self-insurer—more than 10% of the estimated\npremium that would have been payable by the licensed\nself-insurer for a compulsory insurance policy obtained by the\nlicensed self-insurer that began at the beginning of the period.\n","sortOrder":303},{"sectionNumber":"179H","sectionType":"section","heading":"Exclusion of Corporations legislation","content":"179H Exclusion of Corporations legislation\n(1) The temporary fund is declared to be an excluded matter for the\npurposes of the Corporations Act, section 5F in relation to the whole\nof the Corporations legislation to which the Corporations Act,\npart 1.1A (Interaction between Corporations Legislation and State\nand Territory laws) applies.\nNote The Corporations Act, s 5F provides that if a law of a State or Territory\ndeclares a matter to be an excluded matter for the purposes of that section\nin relation to all or part of the Corporations legislation to which the\nCorporations Act, pt 1.1A applies (see s 5D), the provisions that are the\nsubject of the declaration will not apply in relation to that matter in the\nState or Territory that made the declaration.\n(2) Without limiting subsection (1) and to remove any doubt, an act or\nomission by an entity in relation to the fund is declared to be an\nexcluded matter for the purposes of the Corporations Act, section 5F\nin relation to the whole of the Corporations legislation to which the\nCorporations Act, part 1.1A applies.\n\n","sortOrder":304},{"sectionNumber":"179I","sectionType":"section","heading":"Review of payments out of temporary fund","content":"179I Review of payments out of temporary fund\n(1) This section applies if the temporary fund is established under\nsection 179D (1).\n(2) The Minister must review the following not later than 10 years after\nthe day the temporary fund is established:\n(a) the operation of section 179F (Payments out of temporary fund);\n(b) the operation of any regulation made under section 179G (1) (b)\n(Regulations about temporary fund).\n(3) The Minister must present a report of the review to the Legislative\nAssembly within 6 months after the day the review is started.\n\nInterpretation and application—ch 9 Part 9.1\n","sortOrder":305},{"sectionNumber":"Part 9","sectionType":"part","heading":"1 Interpretation and application—","content":"Part 9.1 Interpretation and application—\nch 9\n","sortOrder":306},{"sectionNumber":"180","sectionType":"section","heading":"Definitions—ch 9","content":"180 Definitions—ch 9\ndamages includes an amount paid under a compromise or settlement\nof a claim for damages, whether or not a legal proceeding had been\nstarted, but does not include an amount paid for costs incurred in\nrelation to a proceeding in a court.\ninjury, in relation to a worker, includes damage to the worker’s\ncontact lenses, crutches, prosthesis, spectacles or other artificial aid.\n","sortOrder":307},{"sectionNumber":"181","sectionType":"section","heading":"References to person who recovers damage etc","content":"181 References to person who recovers damage etc\n(1) If damages are recovered by a person on someone else’s behalf, a\nreference in this chapter to a person who recovers damages is a\nreference to the person on whose behalf damages are recovered.\n(2) If compensation is paid or payable to a person for the benefit of\nsomeone else, a reference in this part to a person to whom\ncompensation is paid or payable is a reference to the person for whose\nbenefit the compensation is paid or payable.\n\nPart 9.1 Interpretation and application—ch 9\n","sortOrder":308},{"sectionNumber":"182","sectionType":"section","heading":"Payments by DI fund manager","content":"182 Payments by DI fund manager\n(1) If the DI fund manager pays compensation in relation to an injury to\na worker, this chapter applies as if a reference to the worker’s\nemployer were a reference to the DI fund.\n(2) If the DI fund manager and an employer both pay compensation in\nrelation to an injury suffered by a worker, the rights of the DI fund\nunder this chapter in relation to the payment have priority over the\nrights of the employer.\n\nChoice of law Part 9.2\n","sortOrder":309},{"sectionNumber":"182A","sectionType":"section","heading":"Definitions—pt 9.2","content":"182A Definitions—pt 9.2\ndamages claim—see section 182C.\nemployer, in relation to a Territory or State, includes an employer\nsubstantive law—see section 182B.\nworker, in relation to a Territory or State, includes a worker within\nthe meaning of the workers compensation law of the Territory or\nState.\n(2) For this part, a work-related injury is an injury to a worker for which\ncompensation is payable (whether or not it has been paid) under the\nworkers compensation law of a Territory or State.\n(3) Also, a work-related injury includes an injury to a worker for which\ncompensation under a workers compensation law of a Territory or\nState—\n(a) would have been payable apart from a provision of the law that\nexcludes the worker’s right to compensation because the injury\nis attributable to any conduct or failure of the worker stated in\nthe provision; or\n(b) would have been payable if a claim for the compensation had\nbeen properly made, and (if applicable) an election to claim\ncompensation (instead of damages) had been properly made.\n\n","sortOrder":310},{"sectionNumber":"182B","sectionType":"section","heading":"Meaning of substantive law","content":"182B Meaning of substantive law\n(1) For this part, substantive law includes each of the following, whether\nor not it would otherwise be regarded as procedural in nature:\n(a) a law that establishes, modifies or extinguishes a cause of action\nor a defence to a cause of action;\n(b) a law prescribing the time within which an action must be\nbrought (including a law providing for the extension or\nshortening of that time);\n(c) a law that provides for the limitation or exclusion of liability or\nthe barring of a right of action if a proceeding on, or arbitration\nof, a claim is not begun within a stated time;\n(d) a law that limits the kinds of injury, loss or damage for which\ndamages or workers compensation may be recovered;\n(e) a law that prevents the recovery of damages or compensation or\nlimits the amount of damages or compensation that can be\nrecovered;\n(f) a law expressed as a presumption, or rule of evidence, that\naffects substantive rights;\n(g) a provision of this chapter, and any other provision of this Act\nfor the interpretation of this chapter;\n(h) a provision of the law of another Territory or a State about\ndamages for work-related injuries that is prescribed for this\nsection by regulation.\n(2) However, substantive law does not include a law prescribing rules for\nchoice of law.\n\nChoice of law Part 9.2\n","sortOrder":311},{"sectionNumber":"182C","sectionType":"section","heading":"Meaning of damages claim","content":"182C Meaning of damages claim\n(1) For this part, damages claim means a claim for damages in relation\nto a work-related injury to a worker caused, or claimed to have been\ncaused by—\n(a) the negligence or other tort of the employer or a person for\nwhose acts the employer is vicariously liable; or\n(b) a breach of contract by the employer.\n(2) Also, damages claim includes a claim for damages in relation to an\ninjury caused, or claimed to have been caused, by negligence or\nanother tort even if the damages are claimed in an action for breach\nof contract or other action.\n","sortOrder":312},{"sectionNumber":"182D","sectionType":"section","heading":"Applicable substantive law for damages claims","content":"182D Applicable substantive law for damages claims\nThe substantive law of the Territory or State of connection governs—\n(a) whether or not a damages claim can be made in relation to a\nwork-related injury to a worker; and\n(b) if a damages claim can be made—the determination of the\ndamages claim.\n","sortOrder":313},{"sectionNumber":"182E","sectionType":"section","heading":"Claims to which pt 9.2 applies","content":"182E Claims to which pt 9.2 applies\nThis part applies only to a damages claim against 1 or more of the\nfollowing people:\n(a) the employer;\n(b) a person who is vicariously liable for the acts of the employer;\n(c) a person for whose acts the employer is vicariously liable.\n\nPart 9.3 Compensation and common law\ndamages\n182EA Application to participate in LTCS scheme\n(a) a worker is proposing to make a claim for damages in relation\nto an injury for which a claim for compensation has been made,\nor may be made, under this Act or under the statutory workers\ncompensation scheme of a place outside the ACT; and\n(b) the worker is eligible to participate in the LTCS scheme in\nrelation to the injury.\n(2) Before the worker brings a court proceeding based on the claim\nagainst a respondent for the claim, the worker must apply under the\nLTCS Act to participate in the LTCS scheme.\n","sortOrder":314},{"sectionNumber":"182F","sectionType":"section","heading":"Lump sum claims—notice by lawyers to clients about","content":"182F Lump sum claims—notice by lawyers to clients about\nrepayment requirements\n(1) This section applies if a person proposes to engage a lawyer to act for\nthe person in a claim for damages in relation to an injury for which a\nclaim for compensation has been made, or may be made, under this\nAct or under the statutory workers compensation scheme of a place\noutside the ACT.\n(2) Before accepting the engagement, the lawyer must give the person\ninformation explaining the requirements of the following sections for\nthe repayment of compensation together with the employer’s legal\ncosts as between party and party:\n• section 36F (No ACT compensation if external compensation\nreceived)\n• section 183 (Remedies against employer and stranger)\n\n• section 184 (No compensation if damages received)\n• section 185 (Dependants recovering damages and not claiming\ncompensation).\n(3) Before accepting the engagement, the lawyer must tell the person the\nlikely costs and consequences in relation to the payment of costs if\nthe person pursues the claim for damages.\n","sortOrder":315},{"sectionNumber":"183","sectionType":"section","heading":"Remedies against employer and stranger","content":"183 Remedies against employer and stranger\n(1) If an injury in relation to which compensation is payable under this\nAct is caused under circumstances that appear to create a legal\nliability in a person other than the employer to pay damages in\nrelation to the injury—\n(a) the worker may take a proceeding against the person to recover\ndamages and may also make a claim against the employer under\nthis Act; and\n(b) if the worker receives both amounts under this Act and damages\nfrom the other person—the worker must repay to the employer\nso much of the amounts as does not exceed the amount of the\ndamages received from the person; and\n(c) on notice to the other person, the employer has a first charge on\nmoney payable by the person to the worker to the extent of any\namounts that the employer has paid to the worker under this Act;\nand\n\n(d) if the worker has received amounts under this Act, but no\ndamages or less than the full amount of the damages to which\nthe worker is entitled—the person liable to pay the damages\nmust indemnify the employer against so much of the amounts\npaid to the worker as does not exceed the damages for which\nthat person is liable; and\n(e) payment of money by the other person to the employer under\nparagraph (c) or (d) is, to the extent of the amount paid, a\nsatisfaction of the liability of that person to the worker.\n(2) If an amount of compensation is paid in relation to a lump sum claim,\nthis section applies as if a reference to amounts paid under this Act\nby an employer to a worker included a reference to any legal costs as\nbetween party and party that the employer is liable to pay in relation\nto the claim.\n","sortOrder":316},{"sectionNumber":"184","sectionType":"section","heading":"No compensation if damages received","content":"184 No compensation if damages received\n(1) Compensation under this Act (ACT compensation) is not payable in\nrelation to a worker’s injury or the death of a worker to the extent\nthat, independently of this Act, a judgment or agreement for damages\n(independent damages) has been obtained in relation to the injury or\ndeath.\n(2) If a person receives ACT compensation from an employer in relation\nto a worker’s injury or the death of a worker and later receives\nindependent damages in relation to the injury or death, the employer\nis entitled to recover from the person the recoverable amount.\n(3) For subsection (2), the lesser of the following amounts is the\nrecoverable amount:\n(a) the amount of ACT compensation;\n(b) the amount of the independent damages.\n\n(4) If an amount of ACT compensation is paid in relation to a lump sum\nclaim, subsection (3) (a) applies as if the reference to the amount of\nACT compensation paid by the employer included a reference to any\nlegal costs as between party and party that the employer is liable to\npay in relation to the claim.\n(5) An employer cannot recover an amount under this section in relation\nto an injury if the employer has recovered an amount under\nsection 36F (No ACT compensation if external compensation\nreceived) in relation to the same injury.\n","sortOrder":317},{"sectionNumber":"185","sectionType":"section","heading":"Dependants recovering damages and not claiming","content":"185 Dependants recovering damages and not claiming\n(a) an employer pays compensation to a dependant of a deceased\nworker in relation to an injury that resulted in the death of a\nworker; and\n(b) damages in relation to the injury have been recovered from the\nemployer or any other person by another dependant of the\ndeceased worker (a non-claiming dependant); and\n(c) no claim for compensation in relation to the injury has been\nmade by or on behalf of the non-claiming dependant.\n(2) If there is only 1 non-claiming dependant, the dependant is liable to\npay to the employer—\n(a) if the amount of the damages recovered by the non-claiming\ndependant is less than the total amount of compensation paid to\nthe dependants of the worker in relation to the worker’s injury—\nthe amount of the damages; or\n(b) in any other case—the total amount of compensation paid to the\ndependants of the worker in relation to the worker’s injury.\n\n(3) If there is more than 1 non-claiming dependant, each non-claiming\ndependant is liable to pay to the employer—\n(a) an amount calculated in accordance with the formula—\nwhere:\nC means the total amount of compensation paid to the dependants of\nthe worker in relation to the worker’s injury.\nD means the amount of damages recovered by the non-claiming\ndependant in relation to the injury to the worker.\nTD means the total of the amounts of damages recovered by all the\nnon-claiming dependants; or\n(b) if the amount of the damages recovered by the non-claiming\ndependant is less than the amount calculated in accordance with\nthe formula in paragraph (a)—the amount of the damages.\n(4) For subsections (2) and (3), the amount of the compensation paid by\nthe employer in relation to the worker’s injury does not include—\n(a) any amount paid to a dependant of the worker who is not entitled\nto recover damages in relation to the worker’s injury; or\n(b) any amount paid under this Act, because of the worker’s death,\nfor the benefit of a child who was a dependant of the worker.\n(5) If an amount of compensation was paid (or is payable) to the worker\nin relation to a lump sum claim, subsections (2) and (3) apply as if a\nreference to the total amount of compensation paid by the employer\nincluded a reference to any legal costs as between party and party that\nthe employer is liable to pay in relation to the claim.TD\nD\nC \n\n","sortOrder":318},{"sectionNumber":"186","sectionType":"section","heading":"Discharge of liability out of payments into court","content":"186 Discharge of liability out of payments into court\n(a) a worker or a dependant of a deceased worker is liable under\nsection 183 (Remedies both against the employer and a stranger)\nor section 185 (Dependants recovering damages and not\nclaiming compensation) to pay an amount to the worker’s\n(b) the Magistrates Court or a person appointed by the Magistrates\nCourt for the purpose holds on behalf of the worker or\ndependant—\n(i) an amount (a relevant amount) of compensation payable\nfor the benefit of, or of damages awarded to, the worker or\ndependant; or\n(ii) investments (relevant investments) acquired out of a\nrelevant amount.\n(2) If the Magistrates Court or person holds a relevant amount, the court\nor person must—\n(a) deduct from the relevant amount an amount not exceeding the\namount that the worker or dependant is liable to pay the\n(b) pay the amount deducted to the employer.\n(3) If the Magistrates Court or person holds relevant investments, the\ncourt or person must—\n(a) realise some or all of the investments; and\n(b) deduct from the proceeds of the realisation an amount not\nexceeding the amount that the worker or dependant is liable to\npay the employer; and\n(c) pay the amount deducted to the employer.\n\n(4) The payment of an amount under subsection (2) or (3) is a discharge,\nto the extent of the amount paid, of the liability of—\n(a) the worker or dependant to the employer; and\n(b) the Magistrates Court or other person to the worker or\ndependant.\n\nLTCS scheme participants Part 9.4\n","sortOrder":319},{"sectionNumber":"186A","sectionType":"section","heading":"LTCS scheme participant—no damages etc for treatment,","content":"186A LTCS scheme participant—no damages etc for treatment,\ncare and support\n(1) This section applies to a person who is a participant in the LTCS\nscheme in relation to a workplace injury.\n(2) An award of damages or offer of settlement made to the person in\nrelation to the workplace injury must not include an amount for the\nperson’s treatment and care needs, or any excluded treatment and\ncare, that—\n(a) relate to the workplace injury; and\n(b) arise while the person is a participant in the LTCS scheme.\nNote Excluded treatment and care—see the LTCS Act, s 9.\nTreatment and care needs, of a participant in the LTCS scheme—see the\nLTCS Act, s 9.\n(3) This section applies—\n(a) whether or not the treatment and care needs are assessed\ntreatment and care needs under the LTCS Act; and\n(b) whether or not the LTCS commissioner is required to make a\npayment in relation to the treatment and care needs; and\n(c) whether or not the treatment, care, support or services provided\nin connection with the treatment and care needs is provided\nwithout charge on a gratuitous basis.\nworkplace injury—see section 86.\n\n","sortOrder":320},{"sectionNumber":"186B","sectionType":"section","heading":"Effect of payments under LTCS Act on limitation period","content":"186B Effect of payments under LTCS Act on limitation period\n(1) To remove any doubt, a payment made by the LTCS commissioner\nunder the LTCS Act does not, for the Limitation Act 1985, section 32\n(Confirmation), confirm a cause of action under this Act.\npayment, by the LTCS commissioner, means a payment that is made\nvoluntarily or in accordance with a requirement under the LTCS Act.\n\n","sortOrder":321},{"sectionNumber":"187","sectionType":"section","heading":"Definitions—ch 10","content":"187 Definitions—ch 10\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, or it is intended to be used, to commit the offence.\noccupier, of premises, means a person believed by an inspector, on\nreasonable grounds, to be the occupier of, or in charge of, the\npremises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, or will be, committed.\npremises includes—\n(a) a structure, building, aircraft, vehicle or vessel; and\n(b) a place (whether enclosed or built on or not); and\n(c) a part of premises (including premises mentioned in\nparagraph (a) or (b)).\n","sortOrder":322},{"sectionNumber":"188","sectionType":"section","heading":"Inspectors","content":"188 Inspectors\n(1) The regulator may appoint 1 or more inspectors for this Act or a\nprovision of this Act.\n(2) A person must not be appointed under subsection (1) unless—\n(a) the person is an Australian citizen or a permanent resident of\nAustralia; and\n\n(b) the regulator has certified in writing that, after appropriate\ninquiry, the regulator is satisfied that the person is a suitable\nperson to be appointed, having regard in particular to—\n(i) whether the person has any criminal convictions; and\n(ii) the person’s employment record; and\n(c) the person has satisfactorily completed adequate training to\nexercise the powers of an inspector proposed to be given to the\nperson.\n(3) The regulator is also an inspector.\n","sortOrder":323},{"sectionNumber":"189","sectionType":"section","heading":"Identity cards","content":"189 Identity cards\n(1) The regulator must give an inspector an identity card stating the\nperson’s name and that the person is an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\nregulator as soon as practicable, but no later than 7 days after the\nday the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n\n","sortOrder":324},{"sectionNumber":"190","sectionType":"section","heading":"Provision of information to inspectors","content":"190 Provision of information to inspectors\n(1) An inspector may, by written notice given to an employer, require the\nemployer to give to the inspector, not later than 3 days after the day\nthe notice is given to the employer—\n(a) a statement of the total wages paid, in the period stated in the\nnotice, by the employer to territory workers employed by the\n(b) a statement setting out—\n(i) the number of territory workers in each determined\ncategory employed by the employer in the period; and\n(ii) the total wages paid to territory workers in each determined\ncategory in the reporting period.\n(2) An inspector may, by written notice given to an employer, require the\nemployer, not later than 3 days after the day the notice is given to the\nemployer—\n(a) to produce for inspection any compulsory insurance policy to\nwhich the employer is a party; and\n(b) to provide the related information (if any) that the inspector\nrequires in the notice.\n(3) An employer must comply with a notice given to the employer under\nsubsection (1) or (2).\n(4) A statement made under this section may be signed for the employer\n\nemployer includes a person whom an inspector believes, on\nreasonable grounds, is or has been an employer.\nrelated information includes any of the following records:\n(a) an injury notice under section 93;\n(b) a statement of the employer’s estimate under section 155;\n(c) a statement of total wages under section 156;\n(d) a statement of total wages under section 157;\n(e) a statement of total wages under section 158;\n(f) a certificate of currency issued by a licensed insurer to the\n(g) wages and earnings paid by the employer;\n(h) invoices and information related to the invoices given to the\nemployer by an sub-contractor;\n(i) a certificate of currency in relation to a contractor;\n(j) material used by the employer to work out the wages for a\nstatement of total wages;\n(k) business records including business activity statements, minutes\nof board meetings, financial statements and agreements made\nwith entities related to the employer;\n(l) any record the employer is required to maintain under this Act.\n\n","sortOrder":325},{"sectionNumber":"191","sectionType":"section","heading":"Powers of entry","content":"191 Powers of entry\n(1) An inspector may at any time enter premises that are, or that the\ninspector reasonably suspects are, a workplace.\n(2) An entry may be made under subsection (1) with, or without, the\nconsent of the occupier of the premises.\n(3) If an inspector enters premises under subsection (1) that are not a\nworkplace, the inspector must leave the place immediately.\n(4) An inspector may enter any premises if the entry is authorised by a\nsearch warrant.\n","sortOrder":326},{"sectionNumber":"192","sectionType":"section","heading":"Notification of entry","content":"192 Notification of entry\n(1) An inspector may enter a workplace or a suspected workplace under\nsection 191 without prior notice to any person.\n(2) An inspector must, as soon as practicable after entry to the workplace\nor suspected workplace, take all reasonable steps to notify the\nfollowing people of the entry and the purpose of the entry:\n(a) the occupier of the premises;\n(b) an employer who is on the premises.\n(3) However, an inspector is not required to notify any person if to do so\nwould defeat the purpose for which the place was entered or cause\nunreasonable delay.\n","sortOrder":327},{"sectionNumber":"192A","sectionType":"section","heading":"General powers on entry","content":"192A General powers on entry\n(1) An inspector who enters premises under section 191 may—\n(a) require any person on the premises to produce for inspection any\ndocument or thing relating to the employment of workers by the\nemployer using the premises; and\n(b) make copies of, or take extracts from a document mentioned in\nthis subsection; and\n\n(c) require anyone on the premises to produce information relating\nto a document or thing mentioned in this subsection, or\ninformation relating generally to the employment of workers by\nthe employer using the premises; and\n(d) require information from—\n(i) the occupier of the premises; or\n(ii) an employer who is on the premises; or\n(iii) a person whom the inspector believes on reasonable\ngrounds is an employer and who is on the premises.\n(2) For subsection (1) (d), information means—\n(a) the person’s name and address; and\n(b) the name under which the business carried on at the premises\noperates.\n(3) An inspector who enters premises in accordance with this section\nmust, if asked by the occupier of the premises or the employer who is\non the premises, show the identity card issued to the inspector under\nsection 189.\n(4) If the inspector does not show the identity card to the occupier or\nemployer when asked, the inspector must leave the premises\nimmediately.\n(5) A person must not contravene a requirement under this section.\n(6) An offence against subsection (5) is a strict liability offence.\n\n","sortOrder":328},{"sectionNumber":"192B","sectionType":"section","heading":"Premises used for residential purposes","content":"192B Premises used for residential purposes\nAn inspector’s powers to enter premises are not exercisable in\nrelation to a part of premises that is used only for residential purposes\nexcept—\n(a) with the consent of the occupier of the premises; or\n(b) under a search warrant; or\n(c) for gaining access to a suspected workplace, but only—\n(i) if the inspector reasonably believes that no reasonable\nalternative access is available; and\n(ii) at a reasonable time taking into account the times at which\nthe inspector believes work is being carried out at the place\nto which access is sought.\n","sortOrder":329},{"sectionNumber":"193","sectionType":"section","heading":"Search warrants","content":"193 Search warrants\n(1) If an information on oath is laid before a magistrate alleging that there\nare reasonable grounds for suspecting that there may be, in or on any\npremises any thing of a particular kind connected with a particular\noffence against this Act, and the information sets out those grounds,\nthe magistrate may issue a search warrant authorising an inspector\nnamed in the warrant, with the assistance and by the force that is\nnecessary and reasonable—\n(a) to enter the premises; and\n(b) to search the premises for things of that kind; and\n(c) to exercise the powers of an inspector under section 191 (3) in\nrelation to the premises or place.\n\n(2) A magistrate must not issue a warrant unless—\n(a) the informant or another person has given the magistrate, either\norally or by affidavit, any further information that the magistrate\nrequires about the grounds on which the issue of the warrant is\nbeing sought; and\n(b) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n(3) A warrant must—\n(a) state the purpose for which it is issued; and\n(b) specify the nature of the offence (if any) in relation to which the\nentry and search are authorised; and\n(c) specify particular hours when the entry is authorised, or state\nthat the entry is authorised at any time of the day or night; and\n(d) include a description of the kinds of things in relation to which\nthe powers under section 191 (3) may be exercised; and\n(e) specify the date, not later than 1 month after the date of issue of\nthe warrant, when the warrant ceases to have effect.\n\nProcedure for payment of compensation Chapter 11\n","sortOrder":330},{"sectionNumber":"Part 11","sectionType":"part","heading":"Procedure for payment of","content":"Chapter 11 Procedure for payment of\n","sortOrder":331},{"sectionNumber":"195","sectionType":"section","heading":"Conciliation and arbitration","content":"195 Conciliation and arbitration\nAll matters and questions (other than prosecutions for offences)\narising under this Act must, if no other provision is made in this Act,\nin the absence of agreement, be settled by conciliation or arbitration\nin accordance with the regulations.\n","sortOrder":332},{"sectionNumber":"196","sectionType":"section","heading":"Admissibility of statements by injured workers","content":"196 Admissibility of statements by injured workers\n(1) A written statement in relation to a worker’s injury that is given by\nthe worker to the worker’s employer or to the employer’s insurer is\nnot to be admitted in evidence on behalf of the employer or insurer in\nany proceeding under this Act unless the employer or insurer has, not\nlater than 14 days before the proceeding is heard, given to the worker,\nor the worker’s lawyer or agent, a copy of the statement.\n(b) the DI fund.\n","sortOrder":333},{"sectionNumber":"197","sectionType":"section","heading":"Appeals","content":"197 Appeals\n(1) If a committee or the Magistrates Court gives a decision or makes an\norder or award in relation to any matter that may be or is required to\nbe settled by arbitration under this Act, any party to the arbitration\nmay appeal from the decision, order or award to the Supreme Court.\n\nChapter 11 Procedure for payment of compensation\n(2) The Magistrates Court Act 1930, part 4.5 (Civil appeals) applies in\nrelation to an appeal under subsection (1) as if—\n(a) it were an appeal from a judgment or order of a kind mentioned\nin that Act, section 274 (2) (Cases in which appeal may be\nbrought); and\n(b) for an appeal from a decision, order or award of a committee—\nthe decision, order or award were a decision, order or award of\nthe Magistrates Court; and\n(c) any necessary changes, and any changes prescribed by\nregulation, were made.\n\nNotification and review of decisions Chapter 12\n","sortOrder":334},{"sectionNumber":"Part 12","sectionType":"part","heading":"Notification and review of","content":"Chapter 12 Notification and review of\ndecisions\n","sortOrder":335},{"sectionNumber":"198","sectionType":"section","heading":"Definitions—ch 12","content":"198 Definitions—ch 12\ndecision-maker—see section 199A (1).\ninternally reviewable decision—see section 199B (1).\ninternal reviewer—see section 199B (3).\nreviewable decision—see section 199.\n","sortOrder":336},{"sectionNumber":"199","sectionType":"section","heading":"Application—ch 12","content":"199 Application—ch 12\nThis chapter applies to a decision (a reviewable decision)—\n(a) made by the Minister or regulator under this Act; and\n(b) prescribed by regulation to be a reviewable decision.\n","sortOrder":337},{"sectionNumber":"199A","sectionType":"section","heading":"Notice of reviewable decisions","content":"199A Notice of reviewable decisions\n(1) If the Minister or regulator (the decision-maker) makes a reviewable\ndecision, the decision-maker must give written notice of the decision\nto each entity prescribed by regulation for the decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n(2) In particular, the notice must tell the person—\n(a) whether the person has the right to apply for internal review of\nthe decision or the right to apply to the ACAT for review of the\ndecision, and how the application must be made; and\n\nChapter 12 Notification and review of decisions\n(b) if the person has the right to apply for internal review of the\ndecision—that the person has the right to apply to the ACAT for\nreview of the internal review decision if the person is dissatisfied\nwith that decision; and\n(c) about the options available under other ACT laws to have the\ndecision reviewed by a court or the ombudsman.\n","sortOrder":338},{"sectionNumber":"199B","sectionType":"section","heading":"Internal review of certain decisions","content":"199B Internal review of certain decisions\n(1) This section applies if a regulation declares that a reviewable decision\nis a decision that is subject to internal review (an internally\nreviewable decision).\n(2) A person whose interests are affected by an internally reviewable\ndecision may apply in writing to the regulator for internal review of\nthe decision.\n(3) The regulator must arrange for someone else (the internal reviewer)\nto review the decision.\n(4) However, this section does not apply to a reviewable decision made\npersonally by the Minister or the regulator.\nNote Section 199E (b) provides for review of decisions exempt from internal\nreview by the ACAT.\n","sortOrder":339},{"sectionNumber":"199C","sectionType":"section","heading":"Applications for internal review","content":"199C Applications for internal review\n(1) An application for internal review under section 199B must be made\nwithin—\n(a) 28 days after the day the applicant receives written notice of the\ndecision under section 199A; or\n(b) any longer period allowed by the internal reviewer, whether\nbefore or after the end of the 28-day period.\n(2) The application must set out the grounds on which internal review of\nthe decision is sought.\n\nNotification and review of decisions Chapter 12\n(3) The making of the application for internal review of the decision does\nnot affect the operation of the decision.\n","sortOrder":340},{"sectionNumber":"199D","sectionType":"section","heading":"Internal review","content":"199D Internal review\n(1) The internal reviewer must review the internally reviewable decision,\nand confirm, vary or revoke the decision, within 28 days after the\ndecision-maker receives the application for internal review of the\ndecision.\n(2) If the decision is not varied or revoked within the 28-day period, the\ndecision is taken to have been confirmed by the internal reviewer.\n(3) As soon as practicable after reviewing the decision, the internal\nreviewer must give written notice of the decision on the internal\nreview to the applicant.\n","sortOrder":341},{"sectionNumber":"199E","sectionType":"section","heading":"Review of decisions by ACAT","content":"199E Review of decisions by ACAT\nA person may apply to the ACAT for review of—\n(a) a decision made by an internal reviewer; or\n(b) a reviewable decision that is not an internally reviewable\ndecision.\n\n","sortOrder":342},{"sectionNumber":"200","sectionType":"section","heading":"Secrecy","content":"200 Secrecy\n(1) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\nperson to whom this section applies means a person who exercises,\nor has exercised, a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n(2) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the person—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n\n(B) doing the thing would result in the information being\ndivulged to another person.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(3) Subsection (2) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\n(4) Subsection (2) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother territory law.\n","sortOrder":343},{"sectionNumber":"200A","sectionType":"section","heading":"Record keeping","content":"200A Record keeping\n(1) An employer must keep records of the following for 5 years after the\nday the record is made:\n(a) an injury notice under section 93;\n(b) a statement of the employer’s estimate under section 155;\n(c) a statement of total wages under section 156;\n(d) a statement of total wages under section 157;\n(e) a statement of total wages under section 158;\n(f) a certificate of currency issued by a licensed insurer to the\n(g) wages and earnings paid by the employer;\n\n(h) invoices and related information given to the employer by a sub-\ncontractor;\n(i) a certificate of currency in relation to a contractor;\n(j) material used by the employer to work out the wages for a\nstatement of total wages;\n(k) any record the employer is required to maintain under this Act.\n(2) The regulator, or the employer’s licensed insurer, may request the\nemployer to make available any of the records mentioned in\n(3) The employer must make the records available, not later than 3 days\nafter a request is made, to the person who requested the records.\n","sortOrder":344},{"sectionNumber":"201","sectionType":"section","heading":"Medical referees","content":"201 Medical referees\n(1) The regulator may appoint a doctor as a medical referee for this Act.\n(2) The regulator may appoint a doctor as a medical referee only if\nsatisfied that the doctor has the experience and expertise to\nadequately perform the duties of a medical referee.\n(3) A medical referee must not act as medical referee in relation to an\ninjury if the medical referee’s services have been used as a doctor in\nrelation to the injury by, or on behalf of, the employer, worker or\nlicensed insurer.\n\n(4) A person appointed as a medical referee is to be paid the fees decided\nby the Minister for the exercise of the person’s functions as a medical\nreferee.\n(5) An appointment under subsection (1) is a notifiable instrument.\n","sortOrder":345},{"sectionNumber":"201A","sectionType":"section","heading":"Civil liability of executive officers","content":"201A Civil liability of executive officers\n(1) This section applies if the regulator is entitled to recover an amount\nfrom a corporation under section 149 (Failure to maintain compulsory\ninsurance policy—regulator entitled to recovery amount) or\nsection 162A (Avoiding payment of premium—regulator entitled to\nrecovery amount).\n(2) An amount is not recoverable from a corporation if the regulator is\nsatisfied that the amount is unlikely to be recovered by reasonable\nrecovery efforts because the corporation is being wound up or is\nunable to pay its debts or otherwise.\n(3) The regulator may recover the amount from an executive officer if\nthe officer was a culpable executive officer at the relevant time.\n(4) An executive officer is culpable at the relevant time if the officer was\nan executive officer of the corporation at any time during which the\ncorporation committed the offence to which the entitlement to recover\nrelates.\n(5) However, an executive officer is culpable only if—\n(a) the officer knew, or ought reasonably to have known, that the\noffence was committed; or\n(b) the officer was in a position to influence the corporation’s\nconduct in relation to the offence; or\n(c) the officer, being in a position to influence the conduct of the\ncorporation, failed to exercise appropriate diligence to prevent\nthe corporation committing the offence.\n\n(6) If more than 1 executive officer of a corporation is culpable, the\nculpable executive officers are jointly and severally liable for any\namount the regulator may recover under this section.\n(7) If an amount is recovered from an executive officer under this section,\nthe executive officer may recover the amount from the officer’s\ncorporation.\n(8) This section does not apply to an amount the regulator is entitled to\nrecover from a corporation in relation to an offence that the\ncorporation committed before the commencement of this section.\n","sortOrder":346},{"sectionNumber":"202","sectionType":"section","heading":"Time for beginning prosecutions","content":"202 Time for beginning prosecutions\n(1) A prosecution for an offence against any of the following sections\nmust be started not later than 5 years after the day, or the last day, the\noffence is committed:\n• section 147A (Compulsory insurance—offences)\n• section 155 (Information for licensed insurers on application for\nissue or renewal of policies)\n• section 156 (Information for licensed insurers after renewal of\npolicies)\n• section 157 (Information for licensed insurers after end or\ncancellation of policies)\n• section 158 (Information for new licensed insurers after change\nof insurers)\n• section 203 (Criminal liability of executive officers).\n(2) Subsection (1) only applies to an offence against section 203 if the\noffence relates to the contravention by a corporation of another\nsection mentioned in subsection (1).\n(3) A prosecution for an offence against any other provision of this Act\nmay be begun within 1 year after the commission of the offence.\n\n","sortOrder":347},{"sectionNumber":"203","sectionType":"section","heading":"Criminal liability of executive officers","content":"203 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\nrelevant offence means an offence against one of the following:\n(a) section 152 (Compulsory insurance—insurers);\n(b) section 155 (2) (Information for licensed insurers on application\nfor issue or renewal of policies);\n(c) section 156 (2) (Information for licensed insurers after renewal\nof policies);\n(d) section 158 (2) (Information for new licensed insurers after\nchange of licensed insurers);\n(e) section 162 (False information causing lower premium);\n(f) section 163 (Employment after 2nd offence).\n","sortOrder":348},{"sectionNumber":"204","sectionType":"section","heading":"Court-directed publicity for offences","content":"204 Court-directed publicity for offences\nIf an employer is convicted or found guilty of an offence against this\nAct, the court may direct the employer to publish a statement in\nrelation to the offence.\n","sortOrder":349},{"sectionNumber":"205","sectionType":"section","heading":"Publication by regulator of convictions etc","content":"205 Publication by regulator of convictions etc\n(1) This section applies if a person, or a representative of a person, is\nconvicted or found guilty of an offence against this Act and—\n(a) the time for making an appeal against the conviction or finding\nof guilt ends without an appeal being made; or\n\n(b) if an appeal is made against the conviction or finding of guilt—\n(i) the conviction or finding is confirmed on appeal, and the\ntime for making any further appeal in relation to the\nconviction or finding ends without an appeal being made;\nor\n(ii) the appeal is withdrawn, struck out or discontinued or\nlapses; or\n(c) if a retrial has been ordered—the time for making an appeal on\nthe retrial ends in accordance with paragraph (a) or (b).\nNote For the meaning of found guilty, see the Legislation Act, dict, pt 1.\n(2) The regulator may publish the following information in relation to the\nconviction or finding of guilt in a way that the regulator considers\nappropriate:\n(a) particulars that allow the public to identify the person;\n(b) details of the offence;\n(c) the decision of the court and the penalty imposed on the person\nor a representative of the person (including the forfeiture of\nanything under this Act).\nExamples of publication\n1 a press release\n2 an article in a document published by the Territory or a territory authority\n3 an advertisement in a newspaper circulating generally in the ACT\n4 a public notice\nExamples for par (a)\n1 the employer’s name and ACN (if any)\n2 any name (and, if relevant, ACN) used in the past by the employer\n3 the employer’s current and previous business addresses\n(3) If the conviction or finding of guilt is quashed or set aside on appeal,\nthe information must not be published.\n\n(4) If the penalty is changed on appeal, this section applies in relation to\nthe penalty as changed.\nrepresentative, of a person, means—\n(a) if the person is an individual—an employee or agent of the\nperson; or\n(b) if the person is a corporation—an employee, agent or executive\nofficer of the person.\n","sortOrder":350},{"sectionNumber":"206","sectionType":"section","heading":"Minister must take advice","content":"206 Minister must take advice\n(1) The Minister must ask for, and take into consideration, the advice of\nthe work health and safety council in relation to the development of\nregulations for this Act.\n(2) To remove any doubt—\n(a) it is a function of the work health and safety council to advise\nthe Minister on matters relating to workers compensation; and\nNote This function is given to the work health and safety council under\nthe Work Health and Safety Act 2011, sch 2, s 2.2 (1) (a).\n(b) the work health and safety council may set up an advisory\ncommittee, made up of people with suitable expertise, to help it\nin the exercise of this function.\nExamples—suitable expertise\nlegal or medical expertise\nNote The power to set up an advisory committee if necessary to assist in\nthe exercise of a function is given to the work health and safety\ncouncil under the Work Health and Safety Act 2011, sch 2, s 2.16.\nwork health and safety council means the work health and safety\ncouncil established under the Work Health and Safety Act 2011,\nschedule 2, section 2.1.\n\n","sortOrder":351},{"sectionNumber":"208","sectionType":"section","heading":"Directions about procedure","content":"208 Directions about procedure\n(1) If the procedure for taking a step in a proceeding is not prescribed\nunder this Act, the Chief Magistrate may give directions about the\nprocedure to be followed for the step.\n(2) A direction is a notifiable instrument.\n(3) If the procedure for taking a step in a proceeding is not prescribed\nunder this Act (including under a direction mentioned under\nsubsection (1)), the Magistrates Court may give directions about the\nprocedure to be followed in relation to the step.\n","sortOrder":352},{"sectionNumber":"209","sectionType":"section","heading":"References to Workers’ Compensation Act etc","content":"209 References to Workers’ Compensation Act etc\nIn any Act, statutory instrument or document—\n(a) a reference to the Workers’ Compensation Act 1951 or the\nWorkers Compensation Supplementation Fund Act 1980 is a\nreference to this Act; and\n(b) a reference to the nominal insurer is a reference to the DI fund\nmanager; and\n(c) a reference to the workers compensation supplementation fund\nis a reference to the DI fund.\n","sortOrder":353},{"sectionNumber":"210","sectionType":"section","heading":"Apportioning cost of administering workers","content":"210 Apportioning cost of administering workers\ncompensation and safety legislation\n(1) The Minister may apportion liability for the cost of administering the\nworkers compensation and safety legislation for a financial year\namong the entities that are licensed insurers or licensed self-insurers\nduring the year.\n\n(2) To apportion liability for a financial year, the Minister must—\n(a) determine the overall cost of administering the workers\ncompensation and safety legislation for the year, based on\neither—\n(i) the actual cost of administering the legislation; or\n(ii) an estimate of the cost of administering the legislation; and\n(b) as far as practicable, determine an amount of the cost of\nadministering the workers compensation and safety legislation\nthat is attributable, or estimated to be attributable, to each\nlicensed insurer and licensed self-insurer for the year.\n(3) If the Minister apportions liability based on an estimate of costs for a\nfinancial year (an estimate year), the Minister must ensure each\nlicensed insurer and licensed self-insurer’s apportioned liability for a\nlater financial year is adjusted to take into account—\n(a) the actual overall cost of administering the workers\ncompensation and safety legislation for the estimate year; and\n(b) the actual cost of administering the workers compensation and\nsafety legislation that is attributable, or estimated to be\nattributable, to the licensed insurer and licensed self-insurer for\nthe estimate year.\n(4) The Minister may apportion liability in relation to an estimate year,\nand give notice under section 210A for the year, before any actual\ncost of administering the workers compensation and safety legislation\nfor the year has been incurred.\n(5) If an amount apportioned to a licensed insurer or licensed self-insurer\nis not paid within the time stated for payment in a notice under\nsection 210A, the amount is a debt owing to the Territory by the\nlicensed insurer or licensed self-insurer.\n\n(6) An amount received because of an apportionment under this section\nmust be paid into a directorate banking account maintained by the\ndirector-general in accordance with the Financial Management\nAct 1996, section 34 (2).\n(7) For this section, the cost of administering the workers compensation\nand safety legislation includes a cost incurred by the Magistrates\nCourt in relation to the workers compensation and safety legislation.\n","sortOrder":354},{"sectionNumber":"210A","sectionType":"section","heading":"Notice of apportioned liability","content":"210A Notice of apportioned liability\n(1) If the Minister apportions liability under section 210, the Minister\nmust give each licensed insurer and licensed self-insurer a written\nnotice that—\n(a) sets out details of the apportionment; and\n(b) requires the licensed insurer or licensed self-insurer to pay to the\nTerritory the amount apportioned to the licensed insurer or\nlicensed self-insurer within the time for payment stated in the\nnotice.\n(2) The time stated for payment in the notice must not be shorter than\n30 days after the day the licensed insurer or licensed self-insurer\nreceives the notice.\n(3) The Minister may amend or revoke a notice given under this section.\n(4) In subsection (1) (b):\nthe amount means either—\n(a) an amount in dollars; or\n(b) a percentage—\n(i) for a licensed insurer—of the gross written premiums for\nthe licensed insurer; or\n(ii) for a licensed self-insurer—of the notional gross written\npremium for the licensed self-insurer.\n\n","sortOrder":355},{"sectionNumber":"211","sectionType":"section","heading":"Amounts for administering workers compensation and","content":"211 Amounts for administering workers compensation and\nsafety legislation\n(1) The costs of administration of the workers compensation and safety\nlegislation may be paid out of amounts received by the Territory\nunder section 210 and any other amounts received by the Territory\nunder the workers compensation and safety legislation.\n(2) To remove any doubt, costs incurred by the Magistrates Court in\nrelation to the workers compensation and safety legislation may be\npaid out of amounts mentioned in subsection (1).\n","sortOrder":356},{"sectionNumber":"221","sectionType":"section","heading":"Determination of fees","content":"221 Determination of fees\n(1) The Minister may determine fees for this Act.\n","sortOrder":357},{"sectionNumber":"222","sectionType":"section","heading":"Approved forms","content":"222 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":358},{"sectionNumber":"223","sectionType":"section","heading":"Regulation-making power","content":"223 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) medical assessments of injured workers;\n(b) the use of medical specialists in relation to compensable\ninjuries;\n(c) the functions of medical referees appointed under this Act;\n\n(d) what compulsory insurance policies must, and must not, include;\n(e) how the performance of brokers and agents in relation to\nworkers compensation in the ACT may be monitored;\n(f) the maximum fees and expenses that may be required for matters\ndealt with under this Act in relation to the following:\n(i) medical examinations or medical treatment;\n(ii) legal services;\n(iii) rehabilitation services;\n(iv) investigative services;\n(g) fees and expenses that may not, or may not for a period, be\nclaimed from a worker for a service provided in relation to a\ncompensable injury;\n(h) the action that may be taken in relation to a licensed insurer,\nlicensed self-insurer or approved rehabilitation provider in\ncircumstances prescribed by regulation, including an order that\na licensed insurer or provider pay to the Territory an amount of\nnot more than $17 000;\n(i) the accreditation of people to act as injury managers;\n(j) arbitration of matters and questions arising under this Act,\nincluding provision for the exclusion or modification of the\nCommercial Arbitration Act 2017 in its application to such an\narbitration;\n(k) protocols that may be approved by the Minister for this Act and\nhow they may be approved;\n(l) the approval of brokers for this Act, including—\n(i) the factors to be taken into account in deciding whether to\napprove brokers; and\n(ii) the conditions that may be imposed on approvals; and\n\n(iii) how approvals may be renewed, suspended and revoked.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\nTransitional—Workplace Legislation Amendment Act 2025 (No 3) Chapter 22\n","sortOrder":359},{"sectionNumber":"Part 22","sectionType":"part","heading":"Transitional—Workplace","content":"Chapter 22 Transitional—Workplace\nLegislation Amendment\nAct 2025 (No 3)\n","sortOrder":360},{"sectionNumber":"274","sectionType":"section","heading":"Application of pt 4.9","content":"274 Application of pt 4.9\nPart 4.9 (Payments to families of deceased workers) applies only to\nthe death of a worker that happens on or after the later of—\n(a) 1 January 2026; and\n(b) the day the Workplace Legislation Amendment Act 2025 (No 3),\nsection 25 commences.\n","sortOrder":361},{"sectionNumber":"275","sectionType":"section","heading":"Expiry—ch 22","content":"275 Expiry—ch 22\nThis chapter expires 12 months after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nSchedule 1 Compensation for permanent injuries\nSchedule 1 Compensation for permanent\ninjuries\n(see s 48 and s 51)\nSpeech loss\n1 loss of power of speech 60\nSensory loss\n2 loss of sense of taste or smell 17\n3 loss of senses of taste and smell 34\nHearing loss\n4 loss of hearing of both ears 65\n5 loss of hearing of 1 ear 20\nLoss of vision\n6 loss of sight of both eyes 100\n7 loss of sight of an only eye 100\n8 loss of sight of 1 eye, together with serious diminution of\nthe sight of the other eye\n9 loss of sight of 1 eye 40\n10 loss of binocular vision (if not otherwise compensable\nunder this schedule)\n11 loss of eyeball (in addition to compensation for loss of\nsight of the eye)\nArm injuries\n12 loss of right arm at or above elbow 80\n13 loss of right arm below elbow 75\n14 loss of left arm at or above elbow 75\n15 loss of left arm below elbow 70\nHand injuries\n16 loss of right hand 70\n17 loss of left hand 65\n18 loss of thumb of right hand 30\n19 loss of thumb of left hand 26\n20 loss of a joint of thumb 16\n21 loss of forefinger of right hand 21\n\nCompensation for permanent injuries Schedule 1\n22 loss of forefinger of left hand 18\n23 loss of 2 joints of forefinger of right hand 16\n24 loss of 2 joints of forefinger of left hand 12\n25 loss of first joint of forefinger of right hand 10\n26 loss of first joint of forefinger of left hand 9\n27 loss of middle finger of either hand 12\n28 loss of 2 joints of middle finger of either hand 10\n29 loss of first joint of middle finger of either hand 6\n30 loss of little or ring finger of either hand 11\n31 loss of 2 joints of little or ring finger of either hand 9\n32 loss of first joint of little or ring finger of either hand 6\nLeg injuries\n33 loss of either leg at or above knee 75\n34 loss of either leg below knee 70\nFoot injuries\n35 loss of a foot 65\n36 loss of great toe of either foot 22\n37 loss of a joint of great toe of either foot 10\n38 loss of any other toe 6\n39 loss of any joint of any other toe 2\nBowel injury\n40 permanent loss of bowel function 65\nLoss of sexual organs etc\n41 loss of sexual organs 47\n42 loss of both breasts 47\n43 loss of 1 breast 30\n44 permanent and total loss of capacity to engage in sexual\nintercourse\nBrain damage\n45 permanent brain damage if not, or not completely an\nPermanent impairment of back, neck, pelvis\n46 permanent impairment of back 60\n47 permanent impairment of neck 40\n48 permanent impairment of pelvis 15\n\nSchedule 1 Compensation for permanent injuries\nDisfigurement\n49 severe facial disfigurement if not, or not completely, an\n50 severe bodily disfigurement if not, or not completely, an\nDisease\n51 HIV infection (Human Immunodeficiency Virus\ninfection)\n","sortOrder":362},{"sectionNumber":"52","sectionType":"section","heading":"AIDS (Acquired Immune Deficiency Syndrome) 100","content":"52 AIDS (Acquired Immune Deficiency Syndrome) 100\n53 imminently fatal asbestos-related disease 100\n54 silicosis 100\n\nAdjacent areas for States and Territories Schedule 2\nSection 2.1\nSchedule 2 Adjacent areas for States and\nTerritories\n(see s 36B (10), def Territory or State)\n2.1 Definitions—sch 2\nIn this schedule:\ncontinental shelf—see the Seas and Submerged Lands Act,\nsection 3 (1).\nOffshore Petroleum Act means the Offshore Petroleum and\nGreenhouse Gas Storage Act 2006 (Cwlth).\nSeas and Submerged Lands Act means the Seas and Submerged\nLands Act 1973 (Cwlth).\nterritorial sea—see the Seas and Submerged Lands Act,\nsection 3 (1).\n2.2 Adjacent areas for States and the Northern Territory\n(1) The adjacent area for New South Wales, Victoria, South Australia or\nTasmania is—\nschedule 1 for the State that is within the outer limits of the\ncontinental shelf; and\n(b) the space above and below that area.\n(2) The adjacent area for Queensland is—\nschedule 1 for Queensland that is within the outer limits of the\ncontinental shelf; and\n(b) the Coral Sea area within the meaning of the Offshore Petroleum\nAct, section 8 (2), other than the territorial area within the Coral\nSea area; and\n\nSchedule 2 Adjacent areas for States and Territories\nSection 2.2\n(c) the areas within the outer limits of the territorial sea adjacent to\ncertain islands of Queensland as determined by proclamation on\n9 February 1983 under the Seas and Submerged Lands Act,\nsection 7; and\n(d) the space above and below the areas described in paragraphs (a),\n(b) and (c).\n(3) The adjacent area for Western Australia is the part of the area\ndescribed in the Offshore Petroleum Act, schedule 1 for Western\nAustralia that—\n(a) is within the outer limits of the continental shelf, including the\nspace above and below the area; and\n(b) is not within Area A of the Zone of Cooperation.\n(4) The adjacent area for the Northern Territory is—\nschedule 1 for the Northern Territory that—\n(i) is within the outer limits of the continental shelf; and\n(ii) is not within Area A of the Zone of Cooperation; and\n(b) the adjacent area for the Territory of Ashmore and Cartier\nIslands (within the meaning of the Offshore Petroleum Act,\nschedule 1) other than the territorial sea within that area; and\n(c) the space above and below the areas described in paragraph (a)\nand (b).\n(5) However, the adjacent area for a State or the Northern Territory does\nnot include any area inside the limits of a State or Territory.\n\nSection 3.1\n3.1 Definitions—sch 3\nIn this schedule:\nchair means the chair of the committee.\ncommittee means the DI fund advisory committee.\nmember means a member of the committee.\n3.2 Establishment of DI fund advisory committee\nThe DI fund advisory committee is established.\n3.3 Functions of committee\n(1) The committee has the following functions:\n(a) to keep informed of the operations of the DI fund to provide the\nadvice mentioned in paragraph (b);\n(b) if the Minister or the DI fund manager asks for advice in relation\nto the DI fund—to provide the advice requested.\n(2) The committee may exercise any other function given to it under this\nAct or any other territory law.\nNote A provision of a law that gives an entity (including a person) a function\n3.4 Membership of committee\n(1) The committee consists of—\n(a) the DI fund manager; and\n(b) the director-general; and\n\nSection 3.5\n(c) 3 members appointed by the Minister.\n(2) The Minister must appoint the following members:\n(a) 1 member that the Minister is satisfied represents the interests of\nemployers;\n(b) 1 member that the Minister is satisfied represents the interests of\nworkers;\n(c) 1 member that the Minister is satisfied represents the interests of\ninsurers.\n(3) An appointment under subsection (2) must not be for longer than\n3 years.\n3.5 When DI fund manager not member of committee\nThe DI fund manager is not a member of the committee if it is\nconsidering the manager’s conduct under this Act.\n3.6 Ending of members’ appointments\nThe Minister may end the appointment of a member (other than the\nDI fund manager or director-general)—\n(a) if the member contravenes a territory law; or\n(b) for misbehaviour; or\n(c) if the member becomes bankrupt or executes a personal\ninsolvency agreement; or\n(d) if the member is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year; or\n(e) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year; or\n\nSection 3.7\n(f) if the member exercises the member’s functions other than in\naccordance with section 3.8 (Honesty, care and diligence of\nmembers); or\n(g) if the member fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the member’s functions; or\n(h) if the member contravenes section 3.11 (Disclosure of interests\nby members); or\n(i) if the member is absent, other than on leave approved by the\nMinister, from 3 consecutive meetings of the committee; or\n(j) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n3.7 Committee chair\nThe committee chair is the director-general.\n3.8 Honesty, care and diligence of members\nIn exercising the functions of a member, a member must exercise the\ndegree of honesty, care and diligence required to be exercised by a\ndirector of a corporation in relation to the affairs of the corporation.\n3.9 Conflicts of interest by members\nA member must take all reasonable steps to avoid being placed in a\nposition where a conflict of interest arises during the exercise of the\nmember’s functions.\n3.10 Agenda to require disclosure of interest item\n(1) The agenda for each meeting of the committee must include an item\nrequiring any material interest in an issue to be considered at the\nmeeting to be disclosed to the meeting.\n\nSection 3.11\nmaterial interest—see section 3.11 (4).\n3.11 Disclosure of interests by members\n(1) If a member has a material interest in an issue being considered, or\nabout to be considered, by the committee, the member must disclose\nthe nature of the interest at a committee meeting as soon as practicable\nafter the relevant facts come to the member’s knowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) The disclosure must be recorded in the committee’s minutes and,\nunless the committee otherwise decides, the member must not—\n(a) be present when the committee considers the issue; or\n(b) take part in a decision of the committee on the issue.\nJane, Jerome and Kimberley are members of the committee. They have an interest\nin an issue being considered at a committee meeting and they disclose the interest\nas soon as they become aware of it. Jerome’s and Kimberley’s interests are minor\nbut Jane has a direct financial interest in the issue.\nThe committee considers the disclosures and decides that because of the nature of\nthe interests:\n• Jerome may be present when the committee considers the issue but not take\npart in the decision\n• Kimberley may be present for the consideration and take part in the decision.\nThe committee does not make a decision allowing Jane to be present or take part in\nthe committee’s decision. Accordingly, because Jane has a material interest, she\ncannot be present for the consideration of the issue or take part in the decision.\n(3) Any other member who also has a material interest in the issue must\nnot be present when the committee is considering its decision under\nsubsection (2).\n\nSection 3.11\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\n\nSection 3.12\nmaterial interest—a member has a material interest in an issue if the\nmember has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the committee’s consideration of the issue.\n3.12 Reporting of disclosed committee interests to Minister\n(1) Not later than 3 months after the day a material interest is disclosed\nunder section 3.11 (1), the committee chair must report to the Minister\nin writing about—\n(a) the disclosure; and\n(b) the nature of the interest disclosed; and\n(c) any decision by the committee under section 3.11 (2).\n(2) The chair must also give the Minister, not later than 31 days after the\nend of each financial year, a statement that sets out the information\ngiven to the Minister in reports under subsection (1) that relate to\ndisclosures made during the previous financial year.\n(3) The Minister must give a copy of the statement to the relevant\nAssembly committee not later than 31 days after the day the Minister\nreceives the statement.\nmaterial interest—see section 3.11 (4).\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\n\nSection 3.13\n3.13 Protection of members from liability\n(1) A member is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any liability that would, apart from subsection (2), attach to a\nmember attaches instead to the Territory.\n3.14 Time and place of committee meetings\n(1) The committee is to meet when and where it decides.\n(2) However, the committee must meet at least once every 3 months.\n(3) The chair—\n(a) may at any time call a meeting of the committee; and\n(b) must call a meeting if asked by the Minister or at least\n2 members.\n(4) The chair must give the members reasonable notice of the time and\nplace of a meeting called by the chair.\n3.15 Presiding member at committee meetings\n(1) The chair presides at all meetings of the committee at which the chair\nis present.\n(2) If the chair is absent, the member chosen by the members present\npresides.\n3.16 Quorum at committee meetings\nBusiness may be carried on at a meeting of the committee only if the\nfollowing members are present:\n(a) the director-general or the DI fund manager;\n\nSection 3.17\n(b) at least 2 members appointed by the Minister.\n3.17 Voting at committee meetings\n(1) At a meeting of the committee each member (other than the DI fund\nmanager) has a vote on each question to be decided.\n(2) A question is decided by a majority of the votes of the members\npresent and voting but, if the votes are equal, the member presiding\nhas a deciding vote.\n3.18 Conduct of committee meetings etc\n(1) The committee may conduct proceedings (including its meetings) as\nit considers appropriate.\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a committee\nmember taking part to hear what each other member taking part says\nwithout the members being in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n(3) A member who takes part in a meeting conducted under\nsubsection (2) is taken, for all purposes, to be present at the meeting.\n(4) A resolution is a valid resolution of the committee, even if it is not\npassed at a meeting of the committee, if all members agree to the\nproposed resolution in writing or by electronic communication.\nExample of electronic communication\nemail\n(5) The committee must keep minutes of its meetings.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• ACT\n• Australian statistician\n• contravene\n• director-general (see s 163)\n• doctor\n• fail\n• financial year\n• found guilty\n• in relation to\n• Magistrates Court\n• penalty unit (see s 133)\n• proceeding\n• public notice\n• public servant\n• quarter\n• reviewable decision notice\n• territory law\n• under\n• work health and safety commissioner\n• year.\nact of terrorism, for part 8.3 (Acts of terrorism)—see section 179C.\nannual premium, for an employer, for part 5.4A (Return-to-work\ncoordinators)—see section 103A.\napproved rehabilitation provider—see section 139 (1).\n\nasbestos-related disease means a disease caused by exposure to\nasbestos.\nassessed treatment and care needs, of a participant in the LTCS\nscheme—see the LTCS Act, section 29.\nauditor means any of the following:\n(a) an auditor registered under the Corporations Act;\n(b) a member of the Institute of Chartered Accountants in Australia;\n(c) a member of CPA Australia;\n(d) a member of the Institute of Public Accountants.\naverage pre-incapacity weekly earnings means earnings worked out\nunder—\n(a) for a worker who is not a contractor—section 21; or\n(b) for a worker who is a contractor—section 22.\naverage pre-incapacity weekly hours means hours worked out\nunder—\n(a) for a worker who is not a contractor—section 23; or\n(b) for a worker who is a contractor—section 24.\nAWE means—\n(a) the average weekly earnings seasonally adjusted for the ACT\n(all males total earnings) in Average Weekly Earnings, Australia\n(State and Territory Earnings) issued by the Australian\nstatistician; or\nNote Average Weekly Earnings, Australia is issued in May and\nNovember and is available at www.abs.gov.au.\n(b) if the Australian statistician issues a publication (however\ndescribed) containing average weekly earnings in substitution\nfor, or instead of, the average weekly earnings mentioned in\nparagraph (a)—the substituted average weekly earnings.\n\nawe indexed, for an amount, for chapter 4 (Entitlement to\ncompensation)—see section 20.\nboilermakers deafness includes deafness of a similar origin.\nchair, for schedule 3 (DI fund advisory committee)—see schedule 3,\nsection 3.1.\nchild, of a worker, means a child of the worker who is—\n(a) not in a domestic partnership; and\n(b) under16 years old or a full-time student.\nNote For the meaning of domestic partnership, see the Legislation Act, s 169.\nchiropractor means a person registered under the Health Practitioner\nRegulation National Law (ACT) to practise in the chiropractic\nprofession (other than as a student).\nclaim for payment, by a person, for part 8.2 (Default insurance\nfund)—see section 170.\nclaims manager, for part 8.2 (Default insurance fund)—see\nsection 165.\ncommittee—\n(a) for a matter arising under the Act between an employer and the\nemployer’s workers—means a committee that—\n(i) represents the employer and workers; and\n(ii) has the power to decide the matter; and\n(b) for schedule 3 (DI fund advisory committee)—see schedule 3,\nsection 3.1.\ncompensable injury means an injury in relation to which\ncompensation is payable under this Act.\ncompensation means an amount payable under this Act in relation to\nan injury to, or the death of, a person.\ncompulsory insurance policy—see section 144.\n\nconnected, for chapter 10 (Inspection)—see section 187.\ncontinental shelf, for schedule 2 (Adjacent areas for States and\nTerritories)—see schedule 2, section 2.1.\ncpi indexed, for an amount, for chapter 4 (Entitlement to\ncompensation)—see section 20.\ndamages, for chapter 9 (Common law damages)—see section 180.\ndamages claim, for part 9.2 (Choice of law)—see section 182C.\ndecision-maker, for chapter 12 (Notification and review of\ndecisions)—see section 199A (1).\ndeductible proportion, for part 4.4 (Compensation for permanent\ninjuries)—see section 61 (1).\ndependant, of a dead worker, means an individual—\n(a) who was totally or partly dependent on the worker’s earnings on\nthe day of the worker’s death or who would, apart from the\nworker’s incapacity because of the injury, have been so\ndependent; and\n(b) who was—\n(i) a member of the worker’s family; or\n(ii) a person to whom the worker acted in place of a parent or\nwho acted in place of a parent for the worker.\ndetermined categories, of territory workers, means the categories of\nworkers determined by the Minister under section 8 (3).\nDI fund means the Default Insurance Fund established under\nsection 166.\nDI fund actuary means the actuary engaged as DI fund actuary under\nsection 166H.\nDI fund advisory committee means the DI fund advisory committee\nestablished under schedule 3, section 3.2.\n\nDI fund manager means the DI fund manager appointed under\nsection 166C.\ndisease includes any physical or mental ailment, disorder, defect or\nmorbid condition, whether of sudden or gradual development, and\nalso includes the aggravation, acceleration or recurrence of a pre-\nexisting disease.\ndomestic partner, of a worker who has died, means the person who\nwas the worker’s domestic partner when the worker died.\nNote This definition qualifies the meaning of domestic partner given by the\nLegislation Act, s 169.\nemployer—\n(a) for this Act generally—see section 5; and\n(b) for part 4.2A (Employment connection with ACT or State)—see\nsection 36A (2); and\n(c) for chapter 5 (Injury management process)—see section 87; and\n(d) for part 9.2 (Choice of law)—see section 182A (1).\nemployment, for part 4.2A (Employment connection with ACT or\nState)—see section 36A (2).\nexcluded treatment and care—see the LTCS Act, section 9.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nfull-time student means an individual who—\n(a) is at least 16 years old but younger than 25; and\n(b) is receiving full-time education at a secondary or tertiary\neducational institution.\ngiven to the insurer, for pt 6.2 (Time for accepting or rejecting\nclaims)—see section 127 (2).\n\ngross written premiums, in relation to a licensed insurer, means the\ntotal amount of premiums, less GST, for all insurance policies written\nby the licensed insurer for a policy period.\nimminently fatal asbestos-related disease, in a person, means an\nasbestos-related disease that is reasonably likely to—\n(a) substantially contribute to the death of the person; and\n(b) result in the death of the person within 2 years after a doctor\nmentioned in section 116 (2) (a) certifies the person has the\ninitial incapacity date, for a worker in relation to an injury that causes\nincapacity or death, for part 4.3 (Weekly compensation)—see\ninitial loss, for part 4.4 (Compensation for permanent injuries)—see\nsection 61 (1).\ninjured worker—see section 85A.\n(a) for this Act generally—see section 4; and\n(b) for chapter 9 (Common law damages claims)—see section 180.\ninjury management, for chapter 5 (Injury management process)—see\nsection 86.\ninjury management program, for chapter 5 (Injury management\nprocess)—see section 86.\ninjury notice—\n(a) for chapter 5 (Injury management process)—see section 93 (2);\nand\n(b) for chapter 6 (Claims)—see section 120.\ninspector means an inspector under section 188.\ninsurance service—see section 143A.\n\ninsurer—\n(a) for chapter 5 (Injury management process)—\n(i) see section 86A; and\n(ii) if there is more than 1 employer of a worker—see\nsection 87; and\n(b) for part 6.2 (Time for accepting or rejecting claims)—see\nsection 127 (1); and\n(c) for part 8.3 (Acts of terrorism)—see section 179B.\ninsurer licence—see section 143A.\ninternally reviewable decision, for chapter 12 (Notification and\nreview of decisions)—see section 199B (1).\ninternal reviewer, for chapter 12 (Notification and review of\ndecisions)—see section 199B (3).\nlicence, for division 8.1.5 (Regulatory action)—see section 164A.\nlicensed insurer—see section 143A.\nlicensed self-insurer—see section 143A.\nlicensee, for division 8.1.5 (Regulatory action)—see section 164A.\nliquidator, of an insurer, includes—\n(a) the official manager of the insurer; or\n(b) the receiver of the insurer’s property; or\n(c) the receiver and manager of the insurer’s property; or\n(d) the managing controller of the insurer’s property.\nloss, for chapter 4 (Entitlement to compensation)—see section 48.\nLTCS Act means the Lifetime Care and Support (Catastrophic\nInjuries) Act 2014.\n\nlump sum claim means a claim for compensation under this Act in\nrelation to a loss to which part 4.4 (Compensation for permanent\ninjuries) or 4.6 (Compensation for death) applies.\nmanaging controller—see the Corporations Act, section 9.\nmaximum loss amount, for part 4.4 (Compensation for permanent\ninjuries)—see section 50.\nmedical referee means a medical referee appointed under\nsection 201.\nmedical treatment means—\n(a) an examination, test or analysis, conducted by or under the\ndirection, or at the request, of a doctor to diagnose an injury; or\n(b) medical or surgical treatment by a doctor; or\n(c) dental treatment by a dentist or a dental prosthetist; or\n(d) chiropractic treatment by a chiropractor; or\n(e) treatment by a psychologist; or\n(f) therapeutic treatment by a masseur, osteopath, physiotherapist,\nremedial kinesiologist or speech therapist; or\n(g) therapeutic treatment given on referral by a doctor or dentist; or\n(h) the taking of x-rays; or\n(i) the provision, repair or replacement of contact lenses, crutches,\nprostheses, spectacles or other artificial aids; or\n(j) a consultation, examination, therapeutic treatment or other\nservice reasonably rendered in relation to a treatment mentioned\nin paragraph (c), (d), (f), (g), (h) or (i); or\n\n(k) treatment and maintenance as a patient at a hospital; or\n(l) the provision of nursing attendance, medicines, medical and\nsurgical supplies and curative apparatus in a hospital or\notherwise.\nmember, for schedule 3 (DI fund advisory committee)—see\nschedule 3, section 3.1\nmember of the family, in relation to a worker or an employer, means\nthe grandchild, child, stepchild, adopted child, sister, brother, half-\nsister, half-brother, domestic partner, parent, step-parent, mother-in-\nlaw, father-in-law or grandparent of the worker or employer.\nNote For the meaning of domestic partner, see the Legislation Act, s 169. If a\nworker has died, the definition of domestic partner elsewhere in the\ndictionary provides that the term refers to the person who was the\nworker’s domestic partner when the worker died.\nnominated treating doctor, for chapter 5 (Injury management\nprocess)—see section 86.\nnon-business employer means an employer who employs the worker\nother than for work that is for (or incidental to) the employer’s trade\nor business.\nnotional gross written premium, in relation to a licensed self-insurer,\nmeans the total amount of premium that would have been payable,\nless GST, if the licensed self-insurer had obtained a compulsory\ninsurance policy for a policy period.\noccupier, for chapter 10 (Inspection)—see section 187.\noffence, for chapter 10 (Inspection)—see section 187.\nofficial manager—see the Corporations Act, section 9.\nOffshore Petroleum Act, for schedule 2 (Adjacent areas for States\nand Territories)—see schedule 2, section 2.1.\nosteopath means a person registered under the Health Practitioner\nRegulation National Law (ACT) to practise in the osteopathy\nprofession (other than as a student).\n\npartially incapacitated—see section 7.\nparticipant, in the LTCS scheme—see the LTCS Act, dictionary.\npayment includes a non-monetary payment.\npension age, for a worker, for part 4.3 (Weekly compensation)—see\npersonal injury plan—see section 85A.\nphysiotherapist means a person registered under the Health\nPractitioner Regulation National Law (ACT) to practise in the\nphysiotherapy profession (other than as a student).\npremises, for chapter 10 (Inspection)—see section 187.\nprescribed employer means an employer approved by the Minister\nunder section 166M to be a prescribed employer.\nprescribed worker means a worker who is determined to be a\nprescribed worker by the Executive under section 166J (1).\nprofessional sporting activity means—\n(a) participation for fee or reward as a contestant in a sporting or\nathletic activity; or\n(b) training or preparation for such participation; or\n(c) travelling to or from a place for the purpose of such\nparticipation, training or preparation.\nprotocol—\n(a) for this Act generally—means a protocol, approved by\nregulation, prescribing how certain activities under this Act\nshould be performed; and\n(b) for chapter 7 (Vocational rehabilitation)—see section 141.\nreceiver and manager—see the Corporations Act, section 9.\nregistered agreement means an agreement registered under\nsection 79.\n\nregulator—see the Work Health and Safety Act 2011, dictionary.\nregulator condition, in relation to an insurer licence or a self-insurer\nlicence, means a condition the regulator considers appropriate for the\nregulatory action, for division 8.1.5 (Regulatory action)—\nsee section 164A.\nrehabilitation services includes training and retraining services.\nreturn-to-work coordinator, for part 5.4A (Return-to-work\ncoordinators)—see section 103A.\nreturn-to-work program means a program mentioned in section 109.\nreviewable decision, for chapter 12 (Notification and review of\ndecisions)—see section 199.\nSeas and Submerged Lands Act, for schedule 2 (Adjacent areas for\nStates and Territories)—see schedule 2, section 2.1.\nself-insurer licence—see section 143A.\nsingle loss amount, for part 4.4 (Compensation for permanent\ninjuries)—see section 49.\nspeech therapist means—\n(a) a person entitled to practise as a speech therapist under a law of\nthe Territory, a State or another Territory; or\n(b) a person who is a member of the Australian Association for\nSpeech and Hearing.\nstatutory floor, for part 4.3 (Weekly compensation)—see\nsubstantial means real, actual or material.\nsubstantive law, for part 9.2 (Choice of law)—see section 182B.\ntemporary fund, for part 8.3 (Acts of terrorism)—see\nsection 179D (1).\n\ntemporary fund threshold amount, for part 8.3 (Acts of terrorism)—\nsee section 179A (2).\nterritorial sea, for schedule 2 (Adjacent areas for States and\nTerritories)—see schedule 2, section 2.1.\nTerritory or State of connection—see section 36A.\nterritory worker means a worker for whom the ACT is the Territory\nor State of connection.\ntherapeutic treatment includes an examination, test or analysis done\nfor the purpose of diagnosing, or treatment given for the purpose of\nalleviating, an injury.\ntotally incapacitated—see section 6.\ntotal wages—see section 7A.\ntreatment and care needs, of a participant in the LTCS scheme—see\nthe LTCS Act, section 9.\nvocational rehabilitation, for chapter 7 (Vocational rehabilitation)—\nsee section 140.\nweekly compensation, for a worker, for part 4.3 (Weekly\nCompensation)—see section 36G (1).\nworker—\n(a) for this Act generally—see chapter 3; and\n(b) for part 4.2A (Employment connection with ACT or State)—see\nsection 36A (2); and\n(c) for part 9.2 (Choice of law)—see section 182A (1).\nworkers compensation and safety legislation means this Act and the\nWork Health and Safety Act 2011.\nworkers compensation law means a law of a place that sets up a\nstatutory scheme for the compensation of injuries arising out of or in\nthe course of employment.\n\nworkplace injury, for chapter 5 (Injury management process)—\nsee section 86.\nwork-related injury, for part 9.2 (Choice of law)—see\nsection 182A (2) and (3).\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Workmen’s\nCompensation Ordinance 1951 No 2 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) 1989 A1989-21, s 5\non 11 May 1989 (self-government day).\nThe Act was renamed as the Workers’ Compensation Act 1951 by the Workers’\nCompensation (Amendment) Act 1991 A1991-105, and later renamed as the\nWorkers Compensation Act 1951 under the Legislation Act 2001 (see also\nA2001-81 s 5).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nWorkmen’s Compensation Act 1951 A1951-2\nnotified 21 March 1951 (Cwlth Gaz 1951 No 20)\ncommenced 21 March 1951 (see Seat of Government (Administration)\nWorkmen’s Compensation Ordinance 1952 Ord1952-4\nnotified 1 May 1952 (Cwlth Gaz 1952 No 34)\ncommenced 1 May 1952 (s 2 and Cwlth Gaz 1952 No 34)\nWorkmen’s Compensation Ordinance 1954 Ord1954-12\nnotified 3 June 1954 (Cwlth Gaz 1954 No 35)\ncommenced 3 June 1954 (see Seat of Government (Administration)\nWorkmen’s Compensation Ordinance 1956 Ord1956-1\nnotified 1 March 1956 (Cwlth Gaz 1956 No 10)\ncommenced 1 March 1956 (see Seat of Government (Administration)\n\nWorkmen’s Compensation Ordinance 1959 Ord1959-12\nnotified 17 September 1959 (Cwlth Gaz 1959 No 57)\ncommenced 17 September 1959 (see Seat of Government\nWorkmen’s Compensation Ordinance (No 2) 1959 Ord1959-20\nnotified 23 December 1959 (Cwlth Gaz 1959 No 84)\ncommenced 23 December 1959 (see Seat of Government\nOrdinances Revision Ordinance 1959 Ord1959-21\nnotified 23 December 1959 (Cwlth Gaz 1959 No 84)\ncommenced 31 December 1959 (s 2)\nWorkmen’s Compensation Ordinance 1961 Ord1961-8\nnotified 1 June 1961 (Cwlth Gaz 1961 No 48)\ncommenced 1 June 1961 (see Seat of Government (Administration)\nWorkmen’s Compensation Ordinance 1962 Ord1962-10\nnotified 6 September 1962 (Cwlth Gaz 1962 No 75)\ncommenced 6 September 1962 (see Seat of Government\nWorkmen’s Compensation Ordinance 1965 Ord1965-6\nnotified 13 May 1965 (Cwlth Gaz 1965 No 40)\ncommenced 10 June 1965 (s 2)\nWorkmen’s Compensation Ordinance 1967 Ord1967-44\nnotified 14 December 1967 (Cwlth Gaz 1967 No 106)\ncommenced 14 December 1967 (see Seat of Government\nWorkmen’s Compensation Ordinance 1968 Ord1968-19\nnotified 3 October 1968 (Cwlth Gaz 1968 No 81)\ncommenced 3 October 1968 (see Seat of Government (Administration)\nWorkmen’s Compensation Ordinance 1969 Ord1969-7\nnotified 29 May 1969 (Cwlth Gaz 1969 No 44)\ncommenced 29 May 1969 (see Seat of Government (Administration)\n\nWorkmen’s Compensation Ordinance (No 2) 1969 Ord1969-13\nnotified 24 July 1969 (Cwlth Gaz 1969 No 62)\ncommenced 24 July 1969 (see Seat of Government (Administration)\nWorkmen’s Compensation Ordinance (No 3) 1969 Ord1969-18\nnotified 28 August 1969 (Cwlth Gaz 1969 No 72)\ncommenced 1 September 1969 (s 2)\nWorkmen’s Compensation Ordinance 1970 Ord1970-26\nnotified 9 July 1970\ncommenced 20 July 1970 (Cwlth Gaz 1970 p 4716)\nWorkmen’s Compensation Ordinance 1971 Ord1971-15 (as amended\nby Ord1978-47)\nnotified 1 July 1971 (Cwlth Gaz 1971 No 66)\ncommenced 1 July 1971 (s 2)\nWorkmen’s Compensation Ordinance 1972 Ord1972-35\nnotified 2 November 1972 (Cwlth Gaz 1972 No 103)\ncommenced 2 November 1972 (see Seat of Government\nWorkmen’s Compensation Ordinance (No 2) 1972 Ord1972-38\nnotified 23 November 1972 (Cwlth Gaz 1972 No 118)\ncommenced 23 November 1972 (s 2)\nWorkmen’s Compensation Ordinance 1973 Ord1973-11\nnotified 5 April 1973 (Cwlth Gaz 1973 No 40)\ncommenced 5 April 1973 (see Seat of Government (Administration) Act\nWorkmen’s Compensation Ordinance 1974 Ord1974-34\nnotified 25 September 1974 (Cwlth Gaz 1974 No 78B)\ncommenced 25 September 1974 (see Seat of Government\nWorkmen’s Compensation Ordinance 1975 Ord1975-11\nnotified 1 May 1975 (Cwlth Gaz 1975 No S78)\ncommenced 1 May 1975 (see Seat of Government (Administration) Act\n\nWorkmen’s Compensation (Amendment) Ordinance 1978 Ord1978-15\n(as amended by Ord1978-47)\nnotified 8 June 1978 (Cwlth Gaz 1978 No S99)\ncommenced 8 June 1978 (see Seat of Government (Administration)\nOrdinances Revision Ordinance 1978 Ord1978-46\nnotified 28 December 1978 (Cwlth Gaz 1978 No S292)\ncommenced 28 December 1978 (see Seat of Government\nWorkmen’s Compensation (Amendment) Ordinance (No 2) 1978\nOrd1978-47 (as amended by Ord1979-15)\nnotified 28 December 1978 (Cwlth Gaz 1978 No S292)\ncommenced 28 December 1978 (see Seat of Government\nWorkmen’s Compensation (Amendment) Ordinance 1979 Ord1979-15\nnotified 29 June 1979 (Cwlth Gaz 1979 No S122)\ncommenced 29 June 1979 (see Seat of Government (Administration)\nWorkmen’s Compensation (Amendment) Ordinance 1980 Ord1980-29\nnotified 11 September 1980 (Cwlth Gaz 1980 No S203)\ncommenced 11 September 1980 (see Seat of Government\nWorkmen’s Compensation (Amendment) Ordinance 1981 Ord1981-4\nnotified 4 March 1981 (Cwlth Gaz 1981 No S37)\ncommenced 4 March 1981 (see Seat of Government (Administration)\nWorkmen’s Compensation (Amendment) Ordinance 1982\nOrd1982-103\nnotified 31 December 1982 (Cwlth Gaz 1982 No S274)\ntaken to have commenced 1 July 1982 (s 2)\nWorkmen’s Compensation (Amendment) Ordinance (No 2) 1982\nOrd1982-104\nnotified 31 December 1982 (Cwlth Gaz 1982 No S274)\ncommenced 1 January 1983 (s 2)\n\nWorkmen’s Compensation (Amendment) Ordinance 1983 Ord1983-69\n(as amended by Ord1984-5)\nnotified 30 December 1983 (Cwlth Gaz 1983 No S349)\ncommenced 30 December 1983 (s 2 and Cwlth Gaz 1983 No S349)\nCourt of Petty Sessions (Civil Jurisdiction) Ordinance 1984\nOrd1984-76\nnotified 19 December 1984 (Cwlth Gaz 1984 No S530)\ncommenced 19 December 1984 (see Seat of Government\nPublic Trustee (Miscellaneous Amendments) Ordinance 1985\nOrd1985-9\nnotified 8 March 1985 (Cwlth Gaz 1985 No S69)\ncommenced 28 October 1985 (s 2 and Cwlth Gaz 1985 No G42)\nMagistrates Court Ordinance 1985 Ord1985-67\nnotified 19 December 1985 (Cwlth Gaz 1985 No S542)\ncommenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)\nCommercial Arbitration Ordinance 1986 Ord1986-84\nnotified 22 December 1986 (Cwlth Gaz 1986 No S664)\ncommenced 2 March 1987 (s 2 and Cwlth Gaz 1987 No G6)\nWorkmen’s Compensation (Amendment) Ordinance 1987 Ord1987-10\nnotified 2 April 1987 (Cwlth Gaz 1987 No S59)\ncommenced 2 April 1987 (see Seat of Government (Administration) Act\nWorkmen’s Compensation (Amendment) Ordinance (No 2) 1987\nOrd1987-24\nnotified 15 June 1987 (Cwlth Gaz 1987 No S127)\ncommenced 15 June 1987 (see Seat of Government (Administration)\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\n\nLegislation after becoming Territory enactment\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44 s 7\nnotified 20 September 1991 (Gaz 1991 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\ns 7 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)\nWorkers’ Compensation (Amendment) Act 1991 A1991-105\nnotified 15 January 1992 (Gaz 1992 No S3)\nss 1-3 commenced 15 January 1992 (s 2 (1))\nremainder commenced 22 January 1992 (s 2 (2) and Gaz 1992 No S9)\nWorkers’ Compensation (Amendment) Act 1993 A1993-19\nnotified 9 March 1993 (Gaz 1993 No S26)\ncommenced 9 March 1993 (s 2)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994\nNo S250)\nWorkers’ Compensation (Amendment) Act 1994 A1994-68\nnotified 1 November 1994 (Gaz 1994 No S229)\ns 1, s 2 commenced 1 November 1994 (s 2 (1))\ns 5 (in pt) 25 November 1994 (s 2 (2) and Gaz 1994 No S286)\nremainder commenced 1 January 1995 (s 2 (2) and Gaz 1995\nNo S286)\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\npt 1\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994\nNo S293)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\namdts commenced 18 December 1995 (s 2)\n\nWorkers’ Compensation (Amendment) Act 1995 A1995-52\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 December 1995 (s 2)\nWorkers’ Compensation (Amendment) Act 1996 A1996-13\nnotified 1 May 1996 (Gaz 1996 No S71)\ncommenced 1 May 1996 (s 2)\nWorkers’ Compensation (Amendment) Act 1997 A1997-27\nnotified 16 July 1997 (Gaz 1997 No S185)\nss 1-3 commenced 16 July 1997 (s 2 (1))\nremainder commenced 13 January 1998 (s 2 (2) and Gaz 1998\nNo S19)\nWorkers’ Compensation (Amendment) Act (No 2) 1997 A1997-66\nnotified 9 October 1997 (Gaz 1997 No 300)\nss 1-3 commenced 9 October 1997 (s 2 (1))\nremainder commenced 17 December 1997 (s 2 (2) and Gaz 1997\nNo S414)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nWorkers’ Compensation (Amendment) Act 1998 A1998-31\nnotified 11 September 1998 (Gaz 1998 No S193)\ncommenced 11 September 1998 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\n\nOccupational Health and Safety (Amendment) Act (No 2) 1999\nA1999-82\nnotified 23 December 1999 (Gaz 1999 No S65)\nss 1-3 commenced 23 December 1999 (s 2 (1))\nremainder commenced 23 June 2000 (s 2 (3))\nLong Service Leave (Cleaning, Building and Property Services)\nAct 1999 A1999-85 s 70\nnotified 23 December 1999 (Gaz 1999 No S65)\npts 1 and 2 (ss 1-28) commenced 23 December 1999 (s 2 (1))\ns 70 commenced 23 June 2000 (s 2 (3))\nWorkers’ Compensation Amendment Act 2000 A2000-74\nnotified 21 December 2000 (Gaz 2000 No S69)\ncommenced 21 December 2000 (s 2)\nStatute Law Amendment Act 2000 A2000-80 sch 3\nnotified 21 December 2000 (Gaz 2000 No S69)\namdts commenced 21 December 2000 (s 2 (1))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 418\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 418 commenced 12 Sept 2001 (s 2 and see Gaz 2001 No S65)\nWorkers Compensation Amendment Act 2001 A2001-81\nnotified LR 28 September 2001\ns 1, s 2 commenced 28 September 2001 (LA s 75)\nnew s 8OA as ins by s 11 and sch 2 commenced 28 September 2001\n(s 2 (2))\nremainder commences 1 July 2002 (s 2 (1))\nLegislation Amendment Act 2002 A2002-11 amdts 2.113-2.115\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\namdts 2.113-2.115 commenced 1 July 2002 (s 2 (2))\nWorkers Compensation (Acts of Terrorism) Amendment Act 2002\nA2002-22\nnotified LR 28 June 2002\ns 1, s 2 commenced 28 June 2002 (LA s 75)\nremainder commenced 1 July 2002 (s 2)\n\nas modified by\nWorkers Compensation Regulations 2002 SL2002-20\nnotified LR 28 June 2002\nreg 1, reg 2 commenced 28 June 2002 (LA s 75 (1))\nremainder commenced 1 July 2002 (reg 2)\nWorkers Compensation Amendment Regulations 2002 (No 1)\nSL2002-29 reg 14, reg 15\nnotified LR 25 October 2002\nreg 1, reg 2 commenced 25 October 2002 (LA s 75 (1))\nreg 14, reg 15 commenced 26 October 2002 (reg 2)\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 1.5 and pt 3.30\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 1.5 and pt 3.30 commenced 17 January 2003 (s 2 (1))\nCriminal Code 2002 No 51 pt 1.29\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.29 commenced 1 January 2003 (s 2 (1))\nWorkers Compensation Amendment Act 2003 A2003-32\nnotified LR 30 June 2003\ns 1, s 2 commenced 30 June 2003 (LA s 75 (1))\nremainder commenced 1 July 2003 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.24\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.24 commenced 9 October 2003 (s 2 (1))\n\nWorkers Compensation Amendment Act 2003 (No 2) A2003-49\nnotified LR 3 December 2003\ns 1, s 2 commenced 3 December 2003 (LA s 75 (1))\nsch 1 commenced 3 June 2004 (s 2 and LA s 79)\nremainder commenced 5 April 2004 (s 2 and CN2004-7)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.19\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.19 commenced 22 March 2004 (s 2 and CN2004-4)\nEducation Act 2004 A2004-17 sch 2 pt 2.7\nnotified LR 8 April 2004\ns 1, s 2 commenced 8 April 2004 (LA s 75 (1))\nsch 2 pt 2.7 commenced 1 January 2005 (s 2)\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 1 pt 1.10\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 1 pt 1.10 commenced 7 July 2005 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 and CN2005-11)\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.22\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.22 commenced 25 August 2004 (s 2 (1))\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.74\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.74 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nWorkers Compensation Amendment Act 2005 A2005-16\nnotified LR 13 April 2005\ns 1, s 2 commenced 13 April 2005 (LA s 75 (1))\ncommenced 14 April 2005 (s 2)\n\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.73\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.73 commenced 2 June 2005 (s 2 (1))\nWorkers Compensation Amendment Act 2006 A2006-4\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nremainder commenced 1 July 2006 (s 2 (2))\nWorkers Compensation Amendment Act 2006 (No 2) A2006-8\nnotified LR 15 March 2006\ns 1, s 2 commenced 15 March 2006 (LA s 75 (1))\nremainder commenced 1 July 2006 (s 2 and see Workers\nCompensation Amendment Act 2006 A2006-4 s 2 (2))\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.39\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.39 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.33\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.33 commenced 1 January 2007 (s 2 (4))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.35\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.35 commenced 11 July 2007 (s 2 (1))\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.62\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.62 commenced 26 August 2008 (s 2)\n\nWorkers Compensation Amendment Act 2008 A2008-30\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nremainder commenced 14 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.109\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.109 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nWorkers Compensation (Terrorism) Amendment Act 2009 A2009-9\nnotified LR 7 April 2009\ns 1, s 2 commenced 7 April 2009 (LA s 75 (1))\nremainder commenced 8 April 2009 (s 2)\nAct 2009 A2009-23\nnotified LR 2 September 2009\ns 1, s 2 commenced 2 September 2009 (LA s 75 (1))\nremainder commenced 3 September 2009 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.14\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.14 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51 s 2 (1) (b) and CN2009-11)\nAct 2009 (No 2) A2009-38\nnotified LR 21 October 2009\ns 1, s 2 commenced 21 October 2009 (LA s 75 (1))\nss 3-6, s 10, ss 15-19 commenced 22 October 2009 (s 2 (1))\nremainder commenced 10 July 2010 (s 2 (2), CN2010-7 and\nLA s 77 (3))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.86\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.86 commenced 17 December 2009 (s 2)\n\nWorkers Compensation Amendment Act 2009 A2009-56\nnotified LR 16 December 2009\ns 1, s 2 commenced 16 December 2009 (LA s 75 (1))\nss 4, 5, 9 commenced 1 July 2010 (s 2 (1))\nremainder commenced 17 December 2009 (s 2 (2))\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.22\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.22 commenced 1 July 2010 (s 2 (1) (a))\nAct 2010 A2010-12\nnotified LR 30 March 2010\ns 1, s 2 commenced 30 March 2010 (LA s 75 (1))\ns 3, ss 7-9, s 11, s 13 commenced 31 March 2010 (s 2 (1))\nremainder commenced 30 September 2010 (s 2 (2) and LA s 79)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010 A2010-47 sch 1 pt 1.4\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 December 2010 (s 2 (2) and see Road\nTransport (Alcohol and Drugs) (Random Drug Testing) Amendment\nAct 2010 A2010-27, s 2 and CN2010-15)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.177\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.177 commenced 1 July 2011 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2011\n(No 2) A2011-27 sch 1 pt 1.9\nnotified LR 30 August 2011\ns 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))\nsch 1 pt 1.9 commenced 13 September 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.33\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.33 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.54\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.54 commenced 12 December 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.12\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nWorkers Compensation (Terrorism) Amendment Act 2012 A2012-8\nnotified LR 28 March 2012\ns 1, s 2 commenced 28 March 2012 (LA s 75 (1))\nremainder commenced 29 March 2012 (s 2)\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.13\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.13 commenced 22 February 2013 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.26\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.26 commenced 25 November 2013 (s 2)\nWorkers Compensation Amendment Act 2013 A2013-46\nnotified LR 12 November 2013\ns 1, s 2 commenced 12 November 2013 (LA s 75 (1))\nremainder commenced 13 November 2013 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.10\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.10 taken to have commenced 25 November 2013 (s 2 (4)\nand see Statute Law Amendment Act 2013 (No 2) A2013-44 s 2)\nWorkers Compensation (Cross-border Workers) Amendment\nAct 2014 A2014-46\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nremainder commenced 6 November 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.77, sch 3 pt 3.4\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.77, sch 3 pt 3.4 commenced 14 October 2015 (s 2)\nRoad Transport (Public Passenger Services) (Taxi Industry\nInnovation) Amendment Act 2015 A2015-47 sch 1 pt 1.3\nnotified LR 24 November 2015\ns 1, s 2 commenced 24 November 2015 (LA s 75 (1))\ns 3 commenced 20 May 2016 (LA s 75AA)\nsch 1 pt 1.3 commenced 1 August 2016 (s 2, CN2016-9 and see mod\nof A2001-62 by SL2016-12 s 3)\nWorkers Compensation Amendment Act 2016 A2016-8\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\ns 3, s 5 commenced 1 March 2016 (s 2 (1))\nremainder commenced 31 May 2016 (s 2 (2))\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.40\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.40 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\n\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.49\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.49 commenced 27 April 2016 (s 2)\nLifetime Care and Support (Catastrophic Injuries) Amendment Act\n","sortOrder":363},{"sectionNumber":"2016","sectionType":"section","heading":"A2016-25 sch 1 pt 1.1","content":"2016 A2016-25 sch 1 pt 1.1\nnotified LR 12 May 2016\ns 1, s 2 commenced 12 May 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 13 May 2016 (s 2)\nWorkers Compensation Amendment Act 2016 (No 2) A2016-27 pt 2\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\npt 2 commenced 1 July 2017 (s 2)\nLifetime Care and Support (Catastrophic Injuries) Amendment\nAct 2016 (No 2) A2016-35 sch 1 pt 1.2\nnotified LR 21 June 2016\ns 1, s 2 commenced 21 June 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 22 June 2016 (LA s 73 (1) (a) and see\nLA s 75B (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.64\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.64 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.36\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.36 commenced 9 March 2017 (s 2)\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.9\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 July 2017 (s 1B and CN2017-1)\n\nWorkers Compensation Amendment Act 2017 A2017-49 pt 2\nnotified LR 12 December 2017\ns 1, s 2 taken to have commenced 1 July 2017 (LA s 75 (2))\ns 5, s 7 and s 8 taken to have commenced 1 July 2017 (s 2 (1))\npt 2 remainder commenced 13 December 2017 (s 2 (2))\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2018\nA2018-19 sch 1 pt 1.10\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nsch 1 pt 1.10 commenced 24 May 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.10\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.10 commenced 22 November 2018 (s 2 (1))\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.10\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.10 commenced 30 April 2020 (s 2 (1) and LA s 79)\nWorkers Compensation Amendment Act 2020 A2020-6\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\nremainder commenced 28 February 2020 (s 2)\nEmployment and Workplace Safety Legislation Amendment Act 2020\nA2020-30 pt 3 (as am by A2020-42 s 70)\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\npt 3 commenced 9 January 2021 (s 2 (2) (as am by A2020-42 s 70)\nand LA s 79)\nJustice Legislation Amendment Act 2020 A2020-42 s 70\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\ns 70 commenced 28 August 2020 (s 2 (9))\nNote This Act only amends the Employment and Workplace Safety\nLegislation Amendment Act 2020 A2020-30.\n\nStatute Law Amendment Act 2021 A2021-12 sch 1 pt 1.4\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 1 pt 1.4 commenced 23 June 2021 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.22\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.22 commenced 6 April 2022 (s 2)\nWorkplace Legislation Amendment Act 2022 A2022-23 pt 3\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\nss 15-18 commenced 9 January 2023 (s 2 (3))\npt 3 remainder commenced 9 June 2023 (s 2 (2))\nLong Service Leave (Portable Schemes) Amendment Act 2023\nA2023-11 sch 1 pt 1.2\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\nsch 1 pt 1.2 commenced 12 April 2023 (s 2 (1))\nWorkplace Legislation Amendment Act 2025 A2025-18 pt 5\nnotified LR 2 July 2025\ns 1, s 2 commenced 2 July 2025 (LA s 75 (1))\npt 5 commenced 3 July 2025 (s 2 (2) (b))\nWorkplace Legislation Amendment Act 2025 (No 2) A2025-27 pt 3\nnotified LR 3 October 2025\ns 1, s 2 commenced 3 October 2025 (LA s 75 (1))\npt 3 commenced 4 October 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.106, sch 4\npt 4.194\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.106, sch 4 pt 4.194 commenced 26 November 2025 (s 2 (3),\n(9))\n\nWorkplace Legislation Amendment Act 2025 (No 3) A2025-30 pt 6,\nsch 1 pt 1.4\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 6, sch 1 pt 1.4 commenced 13 November 2025 (s 2 (1))\n\nLong title\nlong title am Ord1983-69 s 4; A1991-105 s 4\nPreliminary\npt 1 hdg ins A1991-105 s 5\nom A2001-81 s 4\nEntitlement to compensation\npt 2 hdg ins A1991-105 s 7\nom A2001-81 s 6\nOccupational rehabilitation\npt 2A hdg ins A1994-68 s 5\nInsurance\npt 3 hdg renum as ch 8 hdg\nCompensation and common law remedies\npt 4 hdg renum as ch 9 hdg\nInspection\npt 5 hdg renum as ch 10 hdg\nProcedure for payment of compensation\npt 6 hdg renum as ch 11 hdg\nWeekly compensation payments\npt 6A hdg ins A1994-68 s 6\nOn-the-spot fines\npt 6B hdg renum as ch 12 hdg\npt 7 hdg renum as ch 14 hdg and then ch 13 hdg\nTransitional\npt 8 hdg ins A2000-80 amdt 3.40\nom A2001-81 s 31\nPreliminary\nch 1 hdg ins A2001-81 s 4\nName of Act\ns 1 sub A1991-105 s 5; A2001-81 s 5\nInterpretation generally\nch 2 hdg ins A2001-81 s 5\ns 1A renum as s 2\n\ns 2 orig s 2\nom A2001-44 amdt 1.4351\npres s 2\n(prev s 1A) ins A2001-81 s 5\nrenum as s 2 R9 LA (see A2001-81 s 34)\nMeaning of injury\ns 2A renum as s 4\nNotes\ns 3 orig s 3\nom Ord1978-46 sch 2\npres s 3\n(prev s 2) ins A2001-81 s 5\nrenum as s 3 R9 LA (see A2001-81 s 34)\ns 3 (2), (3) and bracketed section heading notes exp\n1 July 2004 (s 3 (3))\nOffences against Act—application of Criminal Code etc\ns 3A orig s 3A\nrenum as s 6\npres s 3A\nins A2003-49 amdt 2.1\n(1), (3), note 3 exp 31 December 2005 (s 3A (3))\nMeaning of injury\ns 4 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 4 orig s 4\nom Ord1959-21\npres s 4\n(prev s 2A) ins A2001-81 s 5\nrenum as s 4 R9 LA (see A2001-81 s 34)\nWho is a worker?\ns 4A renum as s 8\nWho is not a worker?\ns 4B renum as s 9\nCasuals not employed for trade or business\ns 4C renum as s 10\nRegular contractors and casuals\ns 4D renum as s 11\n\nMeaning of employer\ns 5 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 5 orig s 5\nom Ord1959-21 sch 1\npres s 5\n(prev s 3) ins A2001-81 s 5\nrenum as s 5 R9 LA (see A2001-81 s 34)\nSubcontracting\ns 5AA (prev s 14) renum as s 13\nTrainees\ns 5A renum as s 14\nOutworkers\ns 5B renum as s 15\nTimber contractors\ns 5C renum as s 16\ns 5D renum as s 17\nCommercial voluntary workers\ns 5E renum as s 18\nPublic interest voluntary workers\ns 5F renum as s 19\nMeaning of cpi indexed and awe indexed\ns 5G renum as s 20\nWorking out average pre-incapacity weekly earnings for non-contractor\ns 5H renum as s 21\nWorking out average pre-incapacity weekly earnings for contractor\ns 5I renum as s 22\nWorking out average pre-incapacity weekly hours for non-contractor\ns 5J renum as s 23\nWorking out average pre-incapacity weekly hours for contractor\ns 5K renum as s 24\nOvertime—hours and wages\ns 5L renum as s 25\nGradual onset of incapacity\ns 5M renum as s 26\nCompensation for death or incapacity through disease\ns 5N (prev s 9) renum as s 27\n\nEmployment-related diseases\ns 5O (prev s 9A) renum as s 28\nCompensation for disease\ns 5P (prev s 9B) renum as s 29\nMeaning of totally incapacitated\ns 6 orig s 6\nam Ord1952-4 s 5; Ord1954-12 s 2; Ord1956-1 s 2;\nOrd1959-12 s 2; Ord1959-21 sch 1; Ord1962-10 s 2;\nOrd1965-6 s 3; Ord1967-44 sch 1; Ord1969-18 s 3;\nOrd1973-11 s 2; Ord1975-11 s 2; Ord1978-15 s 3;\nOrd1978-47 s 3; Ord1979-15 s 3; Ord1981-4 s 3;\nOrd1982-104 s 3; Ord1983-69 s 5; Ord1985-67 sch pt 1;\nOrd1987-24 s 3; Ord1989-38 sch 1; A1991-105 s 6, sch 2\nand sch 3; A1994-60 sch 1; A1994-68 s 4; A1994-97 sch\npt 1; A1995-46 sch; A1995-52 s 5; A1997-27 s 4; A1997-66\ns 4; A2001-44 amdts 1.4352-1.4354; A2001-81 amdts 1.1-\n1.4, amdt 2.1, amdt 2.2\ndefs reloc to dict A2001-81 amdt 1.5\nom A2001-81 amdt 1.6\npres s 6\n(prev s 3A) ins A2001-81 s 5\nrenum as s 6 R9 LA (see A2001-81 s 34)\nam A2007-16 amdt 3.141\ns 6A ins A1991-105 s 7; am A2001-44 amdts 1.4355-1.4357\nom A2001-81 amdt 1.7\nDetermined categories of workers\ns 6B ins A1991-105 s 7; am A2001-44 amdt 1.4358, amdt 1.4359\nom A2001-81 amdt 1.7\nGeneral entitlement to compensation for personal injury\ns 6C renum as s 30 and then s 31\nAmounts of compensation under Act cumulative\ns 6D renum as s 31 and then s 32\nPayments to people with legal disabilities\ns 6E renum as s 32 and then s 33\n\nMeaning of partially incapacitated\ns 7 orig s 7\nam Ord1983-69 s 6 (as am Ord1984-5); A1991-105 sch 2,\nsch 3 and note about section headings\nom A2001-81 s 8\npres s 7\n(prev s 4) ins A2001-81 s 5\nrenum as s 7 R9 LA (see A2001-81 s 34)\nam A2007-16 amdt 3.142\nMeaning of total wages\ns 7A orig s 7A\nrenum as s 33\npres s 7A\nins A2009-56 s 4\nInjury outside Australia\ns 7B renum as s 34\nWhen is a worker taken to be totally incapacitated?\ns 7C renum as s 35\nMeaning of worker\nch 3 hdg ins A2001-81 s 5\nch 3 hdg notes am A2006-8 s 4, s 5; A2011-22 amdt 1.491; A2020-6 s 5, s 6;\nA2025-29 amdt 3.369\nWho is a worker?\ns 8 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 8 orig s 8\nrenum as s 36\npres s 8\n(prev s 4A) ins A2001-81 s 5\nrenum as s 8 R9 LA (see A2001-81 s 34)\nam A2003-49 s 4; A2006-4 amdt 1.1; A2009-49 amdt 3.216;\nA2009-56 s 5; A2015-33 amdt 3.9; pars renum R60 LA;\nA2020-30 s 103; A2025-29 amdt 4.197\nWhat if the worker is dead?\ns 8A renum as s 37\nWhen do weekly compensation payments begin?\ns 8B renum as s 38\nTotally incapacitated workers\ns 8C renum as s 39\nPartially incapacitated workers up to 26 weeks after incapacity date\ns 8D renum as s 40\nPartially incapacitated workers after 26 weeks after incapacity date\ns 8E renum as s 41\n\nStopping of payments for partial incapacity\ns 8F renum as s 42\nEffect on payment period of loss of entitlement to weekly compensation\ns 8G renum as s 43\nLiving outside Australia\ns 8H renum as s 44\nEffect of living outside Australia if compensation still payable\ns 8I renum as s 45\nEffect of payment of weekly compensation on other benefits etc\ns 8J renum as s 46\nNo assignment etc of weekly compensation\ns 8K renum as s 47\nMeaning of loss\ns 8L renum as s 48\nMeaning of single loss amount\ns 8M renum as s 49\nMeaning of maximum loss amount\ns 8N renum as s 50\nCompensation for permanent injuries generally\ns 8O renum as s 51\nActuarial review and back, neck and pelvis impairments\ns 8OA renum as s 52\nCompensation for 2 or more losses\ns 8P renum as s 53\nCompensation and left-handedness\ns 8Q renum as s 54\nCompensation for combination of items\ns 8R renum as s 55\nCompensation for only arm, leg, hand or foot\ns 8S renum as s 56\nCompensation for loss of sexual organs\ns 8T renum as s 57\nLoss of bowel function\ns 8U renum as s 58\nProportionate loss of use\ns 8V renum as s 59\n\nSpecial provisions for HIV/AIDS\ns 8W renum as s 60\nDeduction for previous injury or pre-existing condition\ns 8X renum as s 61\nFurther loss and deductible proportions\ns 8Y renum as s 62\nLoss of hearing because of age\ns 8Z renum as s 63\nWho is not a worker?\ns 9 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 9 orig s 9\nreloc as s 5N and then renum as s 27\nprev s 9\nrenum as s 64\npres s 9\n(prev s 4B) ins A2001-81 s 5\nrenum as s 9 R9 LA (see A2001-81 s 34)\nHearing loss—application of s 9\ns 9AA ins A1993-19 s 4\nom A2001-81 amdt 1.13\nPresumption to be drawn from refusal to submit to hearing examination\ns 9A orig s 9A\nreloc as s 5O and then renum as s 28\nprev s 9A\nrenum as s 65\nEmployer’s responsibility to pay for hearing loss tests\ns 9B orig s 9B\nreloc as s 5P and then renum as s 29\nprev s 9B\nrenum as s 66\nReimbursement for costs of medical certificate and examination\ns 9C renum as s 67\nLimited entitlement if death happens within 3 months\ns 9D renum as s 68\nApplication—pt 4.5\ns 9E renum as s 69\nEmployer liability for medical treatment and damage\ns 9F renum as s 70\n\nClaim for compensation for pt 4.5\ns 9G renum as s 71\nSecond assessments\ns 9H renum as s 72\nPayments for treatment received from hospital\ns 9I renum as s 73\nTransport costs other than private car\ns 9J renum as s 74\nWorking out transport costs for private cars\ns 9K renum as s 75\nCosts of accommodation and meals\ns 9L renum as s 76\nCasuals not employed for trade or business\ns 10 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 10 orig s 10\nam Ord1968-19 s 3; Ord1970-26 sch; Ord1971-15 sch;\nOrd1972-38 sch; Ord1975-11 sch; Ord1983-69 s 9;\nA1991-105 s 8 and sch 3\npres s 10\n(prev s 4C) ins A2001-81 s 5\nam A2002-22 amdt 1.8\nrenum as s 10 R9 LA (see A2001-81 s 34)\nPayment into court of lump sum death benefits\ns 10A orig s 10A\nam Ord1987-10 s 3; A1991-105 sch 2\nprev s 10A\nrenum as s 78\ns 10B orig s 10B\nam Ord1987-10 s 4; A1991-105 sch 2\nprev s 10B\nrenum as s 79\n\nEffect of registration of agreements\ns 10C orig s 10C\nam Ord1987-10 s 5; A1991-105 sch 2\nprev s 10C\nrenum as s 80\nCancellation or amendment of registered agreements\ns 10D orig s 10D\nam A1991-105 sch 2\nprev s 10D\nrenum as s 81\nWhen is compensation under Act generally not payable?\ns 10E orig s 10E\nprev s 10E\nrenum as s 82\nNo compensation while imprisoned\ns 10F orig s 10F\nam A1991-105 s 9 and sch 2\nprev s 10F\nrenum as s 83\nCompensation for sporting injuries\ns 10G renum as s 84\nObject of ch 5\ns 10H renum as s 85\nDefinitions for ch 5\ns 10I renum as s 86\nMeaning of employer and insurer if more than 1\ns 10J renum as s 87\nInsurer to establish etc injury management program\ns 10K renum as s 88\nInsurer to give effect to injury management program\ns 10L renum as s 89\nInsurer’s obligation of prompt payment\ns 10M renum as s 90\n\nEmployer’s obligations for injury management programs\ns 10N renum as s 91\nRegister of injuries\ns 10NA renum as s 92\nEarly notification of workplace injury\ns 10O renum as s 93\ns 10P renum as s 94\nWhat if employer does not give notice of injury within time?\ns 10Q renum as s 95\nObligation of insurer on being notified of injury\ns 10R renum as s 96\nPersonal injury plan for worker with significant injury\ns 10S renum as s 97\nProvision of information about personal injury plan\ns 10T renum as s 98\ns 10U renum as s 99\nEmployer’s personal injury plan obligations\ns 10V renum as s 100\nWorker’s personal injury plan obligations\ns 10W renum as s 101\nNomination of doctor for personal injury plan\ns 10X renum as s 102\nSubsequent medical certificates under personal injury plan\ns 10Y renum as s 103\nInjured worker’s obligation to return to work\ns 10Z renum as s 104\nEmployer must provide suitable work for full-time, part-time and casual\ns 10ZA renum as s 105\nEmployer must provide suitable work for contract workers\ns 10ZB renum as s 106\nPayment of cost of treatment of injured worker\ns 10ZC renum as s 107\nSecond injury arrangements\ns 10ZD renum as s 108\n\nWorkplace rehabilitation\ns 10ZE renum as s 109\nReturn-to-work guidelines\ns 10ZF renum as s 110\nObligation of Minister\ns 10ZG renum as s 111\nCompliance by insurers\ns 10ZH renum as s 112\nCompliance by workers\ns 10ZI renum as s 113\nUnreasonableness in stopping payment\ns 10ZIA renum as s 114\nLiability not affected\ns 10ZJ renum as s 115\nRegular contractors and casuals\ns 11 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 11 orig s 11\nrenum as s 116\npres s 11\n(prev s 4D) ins A2001-81 s 5\nrenum as s 11 R9 LA (see A2001-81 s 34)\nam A2015-47 amdt 1.3; amdt 1.4\nClaim for property loss or damage\ns 11A renum as s 117\nMedical certificates and claims for compensation\ns 11B renum as s 118\nWhat if no medical certificate with doctor’s opinion?\ns 11C renum as s 119\nTime for taking proceedings generally\ns 11D renum as s 120\nTime for making claim under pt 4.4\ns 11E renum as s 121\nWhen is a claim made?\ns 11F renum as s 122\nThe notice for an injury\ns 11G renum as s 123\nNo notice or defective or inaccurate notice\ns 11H renum as s 124\n\ns 11I renum as s 125\nAction by employer in relation to claims\ns 11J renum as s 126\nLabour hire arrangements\ns 12 orig s 12\nam Ord1952-4 s 8; Ord1954-12 s 4; Ord1959-20 s 3;\nOrd1965-6 s 5; Ord1967-44 sch 1; Ord1968-19 s 4;\nOrd1970-26 sch; Ord1971-15 sch; Ord1972-38 sch;\nOrd1975-11 sch; Ord1983-69 s 11; A1991-105 sch 2 and\nsch 3\nom A1997-66 s 7\npres s 12\n(prev s 5) ins A2001-81 s 5\nrenum as s 12 R9 LA (see A2001-81 s 34)\nClaim accepted if not rejected within 28 days\ns 12A renum as s 128\nRejecting claims generally\ns 12B renum as s 129\nRejecting claim within 28 days\ns 12C orig s 12C\nins Ord1975-11 s 3\nom A1991-105 sch 3\nprev s 12C\nrenum as s 130\nRejecting claims after 28 days but within 1 year\ns 12D renum as s 131\nRejecting claims from 1 year\ns 12E renum as s 132\nWithout prejudice payments\ns 12F renum as s 133\nLiability on claim not accepted or rejected\ns 12G renum as s 134\nOrder for refund of overpayments of compensation\ns 12H renum as s 135\nContracting out\ns 12I renum as s 136\nHow worker may commute rights\ns 12J renum as s 137\n\nNo assignment etc of payout of weekly compensation\ns 12K renum as s 138\nLiability of principal for uninsured contractor’s injured worker\ns 13 orig s 13\nam Ord1968-19 s 5; A1991-105 sch 2 and sch 3\nom A2001-81 s 17\npres s 13\n(prev s 14) am Ord1967-44 s 2; A1991-105 sch 3; A2001-81\namdt 2.5\nreloc as s 5AA A2001-81 amdt 1.15\nrenum as s 13 R9 LA (see A2001-81 s 34)\nsub A2009-38 s 4\nam A2020-6 s 7; A2020-30 s 101\nTrainees\ns 14 orig s 14\nreloc as s 5AA and then renum as s 13\npres s 14\n(prev s 5A) ins A2001-81 s 5\nrenum as s 14 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 1.6; A2003-49 ss 5-7; ss renum R18 LA\n(see A2003-49 s 8); A2004-17 amdt 2.13\nOutworkers\ns 15 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 15 orig s 15\nreloc as s 26RD and then renum as s 211 and then s 201\npres s 15\n(prev s 5B) ins A2001-81 s 5\nrenum as s 15 R9 LA (see A2001-81 s 34)\nMeaning of approved rehabilitation provider etc\ns 15A renum as s 139\nMeaning of vocational rehabilitation\ns 15B renum as s 140\nMeaning of protocol in ch 7 etc\ns 15C renum as s 141\ns 15D renum as s 142\nFalse representation of approval\ns 15E renum as s 143\n\nApproval of protocol\ns 15F ins A1994-68 s 5\nam A1996-13 s 4; A2001-44 amdt 1.4360, amdt 1.4361; R7 LA\n(see amdt 1.4362)\nDisallowance\ns 15G ins A1994-68 s 5\nom A2001-44 amdt 1.4363\nPublication\ns 15H ins A1994-68 s 5\nam A2001-44 amdt 1.4364\nTimber contractors\ns 16 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 16 orig s 16\nrenum as s 144\npres s 16\n(prev s 5C) ins A2001-81 s 5\nrenum as s 16 R9 LA (see A2001-81 s 34)\nam A2013-44 amdt 3.206\nFamily day care educators\ns 16A hdg sub A2020-6 s 8\ns 16A orig s 16A\nrenum as s 145\npres s 16A\nins A2006-8 s 6\nam A2020-6 s 9, s 10; A2025-29 amdt 4.197\nEffect of revocation or suspension of approval\ns 16B renum as s 146\nCompulsory insurance—employers\ns 16C renum as s 147\nLiability of executive officers\ns 16D renum as s 148\ns 17 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 17 orig s 17\nom Ord1959-12 s 3\nprev s 17\nrenum as s 149 and then s 148\npres s 17\n(prev s 5D) ins A2001-81 s 5\nrenum as s 17 R9 LA (see A2001-81 s 34)\nam A2006-8 s 7; A2025-29 amdt 4.197\n\nVolunteers\ns 17A orig s 17A\nrenum as s 150 and then sub as s 149\npres s 17A\nins A2003-49 s 9\nEvidence of maintenance of compulsory insurance policy\ns 17B renum as s 151 and then s 150\ns 17C renum as s 152 and then s 151\nCompulsory insurance—insurers\ns 17D renum as s 153 and then s 152\nCancellation\ns 17DA renum as s 154 and then s 153\nCover notes\ns 17E renum as s 155 and then s 154\nCommercial voluntary workers\ns 18 orig s 18\nrenum as s 156 and then s 155\npres s 18\n(prev s 5E) ins A2001-81 s 5\nrenum as s 18 R9 LA (see A2001-81 s 34)\nam A2003-49 s 10; A2025-29 amdt 4.197\nInformation for insurers after end of policy\ns 18AA renum as s 157 and then s 156\nInformation for insurers about reporting period\ns 18AB renum as s 158 and then s 157\nInformation for insurers after cancellation\ns 18AC renum as s 159 and then s 158\nOffence by registered auditor\ns 18AD renum as s 160 and then s 159\nOffence in relation to statutory declaration\ns 18AE renum as s 161 and then s 162\nOffence to employ etc after 2nd offence\ns 18AF renum as s 162 and then s 163\nProvision of information to Minister\ns 18A renum as s 163 and then s 164\nNominal insurer\ns 18B renum as s 164\n\nClaims for payment by nominal insurer\ns 18C renum as s 165\nPayments by nominal insurer\ns 18D renum as s 166\nReopening of agreements and awards\ns 18E renum as s 167\nDeciding or redeciding claim\ns 18EAA renum as s 168\nPower of Supreme Court to set aside certain agreements\ns 18EA renum as s 169\nIntervention by nominal insurer\ns 18F renum as s 170\nNominal insurer may act\ns 18FA renum as s 171\nEffects of payment by nominal insurer\ns 18G renum as s 172\nFunds for payments by nominal insurer\ns 18H renum as s 173\nInformation and assistance by employer to nomimal insurer\ns 18J renum as s 174\nProceedings to be in the name of ‘The Nominal Insurer’\ns 18K renum as s 175\nPublic interest voluntary workers\ns 19 orig s 19\nam Ord1967-44 sch 1; Ord1969-18 s 10\nom A1991-105 sch 3\npres s 19\n(prev s 5F) ins A2001-81 s 5\nrenum as s 19 R9 LA (see A2001-81 s 34)\nam A2003-49 s 11; A2025-29 amdt 4.197\nEntitlement to compensation\nch 4 hdg ins A2001-81 s 6\nImportant concepts\npt 4.1 hdg ins A2001-81 s 7\n\nMeaning of cpi indexed and awe indexed\ns 20 orig s 20\nrenum as s 176\npres s 20\n(prev s 5G) ins A2001-81 s 7\nrenum as s 20 R9 LA (see A2001-81 s 34)\nam A2003-41 amdt 3.518, amdt 3.519; A2013-44 amdt 3.207\nPremiums—remuneration for professional sporting activity\ns 20AA renum as s 177\nVariation of insurance policies\ns 20A ins A1991-105 s 17\nom A2001-81 amdt 1.29\nWorking out average pre-incapacity weekly earnings for non-contractor\ns 21 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 21 orig s 21\nrenum as s 178\npres s 21\n(prev s 5H) ins A2001-81 s 7\nrenum as s 21 R9 LA (see A2001-81 s 34)\nRegulations to allow Minister to authorise people\ns 21AA renum as s 179\nDefinitions for pt 4\ns 21A renum as s 180\nReferences to person who recovers damage etc\ns 21AB renum as s 181\nPayments by nominal insurer\ns 21B renum as s 182\nWorking out average pre-incapacity weekly earnings for contractor\ns 22 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 22 orig s 22\nrenum as s 183\npres s 22\n(prev s 5I) ins A2001-81 s 7\nrenum as s 22 R9 LA (see A2001-81 s 34)\nWorking out average pre-incapacity weekly hours for non-contractor\ns 23 orig s 23\nrenum as s 184\npres s 23\n(prev s 5J) ins A2001-81 s 7\nrenum as s 23 R9 LA (see A2001-81 s 34)\nDependants recovering damages and not claiming compensation\ns 23A renum as s 185\n\nDischarge of liability out of payments into court\ns 23B renum as s 186\nDefinitions for pt 5\ns 23C renum as s 187\nInspectors\ns 23D renum as s 188\nIdentity cards\ns 23E renum as s 189\nProvision of information to inspectors\ns 23F renum as s 190\nEntry and inspection of premises\ns 23G renum as s 191\nConsent to entry and inspection\ns 23H renum as s 192\nSearch warrants\ns 23I renum as s 193\nObstruction etc for inspector\ns 23J renum as s 194\nWorking out average pre-incapacity weekly hours for contractor\ns 24 orig s 24\nrenum as s 195\npres s 24\n(prev s 5K) ins A2001-81 s 7\nrenum as s 24 R9 LA (see A2001-81 s 34)\nOvertime—hours and wages\ns 25 orig s 25\nam Ord1983-69 s 16; A1991-105 sch 2 and sch 3\nom A2001-81 amdt 1.44\npres s 25\n(prev s 5L) ins A2001-81 s 7\nrenum as s 25 R9 LA (see A2001-81 s 34)\ns 25A renum as s 196\nGradual onset of incapacity\ns 26 orig s 26\nrenum as s 197\npres s 26\n(prev s 5M) ins A2001-81 s 7\nrenum as s 26 R9 LA (see A2001-81 s 34)\n\nNotice to employer’s insurer\ns 26A ins A1994-68 s 6\nCommencement\ns 26B ins A1994-68 s 6\nNotice by worker\ns 26BA ins A1997-66 s 14\nTermination\ns 26C ins A1994-68 s 6\nReview of termination\ns 26D ins A1994-68 s 6\nCourt-approved termination\ns 26E ins A1994-68 s 6\nNotice to nominal insurer\ns 26F ins A1994-68 s 6\nDefinitions for ch 12\ns 26G renum as s 198\nInfringement notices\ns 26H renum as s 199\nFinal infringement notices\ns 26J renum as s 200\nDischarge of liability for prescribed offences\ns 26K renum as s 201\nApplication for withdrawal of infringement notice\ns 26L renum as s 202\nWithdrawal of infringement notices\ns 26M renum as s 203\nProsecution of prescribed offences\ns 26N renum as s 204\n\nNon-antecedent value of infringement notice offences\ns 26P renum as s 205\nService of notices\ns 26Q renum as s 206\nEvidence\ns 26R renum as s 207\nNotice of reviewable decisions to be given to affected people\ns 26RA renum as s 208 and then s 198\nReview by administrative appeals tribunal of reviewable decisions\ns 26RB renum as s 209 and then s 199\nConfidentiality\ns 26RC renum as s 210 and then sub as s 200\nMedical referees\ns 26RD (prev s 15) reloc as s 26RD and then renum as s 211 and then\ns 201\ns 26S renum as s 212 and then s 202\nFalse claims etc\ns 26T renum as s 213\nActs and omissions of representatives\ns 26U renum as s 214 and then s 203\nCompensation for death or incapacity through disease\ns 27 orig s 27\nom Ord1989-38 sch 1\npres s 27\n(prev s 9) sub Ord1983-69 s 8\nam A1991-105 sch 2, sch 3 and note about section headings;\nA2001-81 s 12\nreloc as s 5N A2001-81 amdt 1.12\nrenum as s 27 R9 LA (see A2001-81 s 34)\nam A2006-8 s 8; A2025-29 amdt 3.370\ns 27A orig s 27A\nins A1991-105 s 20\nom A1998-54 sch\nprev s 27A\nrenum as s 216 and then s 206\ns 27B renum as s 217 and then s 207\n\ns 27C orig s 27C\nins A1991-105 s 20\nom A2001-44 amdt 1.4382\nprev s 27C\nrenum as s 218 and then s 208\nReferences to Workers’ Compensation Act\ns 27CA renum as s 219\nFunds for administration of Act\ns 27D renum as s 220\nEmployment-related diseases\ns 28 orig s 28\nrenum as s 221\npres s 28\n(prev s 9A) ins Ord1983-69 s 8\nam A1991-105 sch 2\nreloc as s 5O A2001-81 amdt 1.14\nrenum as s 28 R9 LA (see A2001-81 s 34)\nam A2017-49 s 4\nCompensation for disease\ns 29 orig s 29\nrenum as s 31\nprev s 29\nrenum as s 222\npres s 29\n(prev s 9B) ins Ord1983-69 s 8\nam A1991-105 sch 2 and note about section headings;\nA2001-81 s 13, s 14\nreloc as s 5P A2001-81 amdt 1.14\nrenum as s 29 R9 LA (see A2001-81 s 34)\nDI fund manager required to pay weekly compensation\ns 30 hdg (prev s 6C hdg) bracketed note exp 1 July 2004 (s 3 (3))\ns 30 orig s 30\nrenum as s 223\nprev s 30\n(prev s 6C) renum as s 31\npres s 30\nins A2006-4 s 4\n(2)-(4) exp 1 July 2009 (s 30 (4) (LA s 88 declaration applies))\nom A2009-38 s 5\nCompensation for personal injury\npt 4.2 hdg ins A2001-81 s 8\n\nApplication of ch 15 to insurers\ns 30A renum as s 224 and then s 179A\nDefinitions for ch 15\ns 30B renum as s 225 and then s 179B\nMeaning of act of terrorism for ch 15\ns 30C renum as s 226 and then s 179C\ns 30D renum as s 227 and then s 179D\ns 30E renum as s 228 and then s 179E\ns 30F renum as s 229 and then s 179F\ns 30G renum as s 230 and then s 179G\ns 30H renum as s 231 and then s 179H\nExpiry of ch 15\ns 30I renum as s 232 and then s 179I\nGeneral entitlement to compensation for personal injury\ns 31 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 31 orig s 31\n(prev s 29) ins A2000-80 amdt 3.40\nrenum A2001-44 amdt 1.4384\nom A2001-81 s 31\nprev s 31\n(prev s 6D) renum as s 32\npres s 31\n(prev s 6C) ins A2001-81 s 8\nam A2002-22 amdt 1.9\nrenum as s 30 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 1.1\nrenum as s 31 A2006-4 amdt 1.2\nAmounts of compensation under Act cumulative\ns 32 orig s 32\nrenum as s 233\npres s 32\n(prev s 6D) ins A2001-81 s 8\nrenum as s 31 R9 LA (see A2001-81 s 34)\nrenum as s 32 A2006-4 amdt 1.2\n\nPayments to people with legal disabilities\ns 33 orig s 33\nrenum as s 234\nprev s 33\n(prev s 7A) ins A1997-27 s 5\nam A2001-81 s 9, amdts 1.8-1.10, amdt 2.3\nrenum as s 33 R9 LA (see A2001-81 s 34)\nom A2003-49 amdt 1.2\npres s 33\n(prev s 6E) ins A2001-81 s 8\nrenum as s 32 R9 LA (see A2001-81 s 34)\nrenum as s 33 A2006-4 amdt 1.2\nInjury outside Australia\ns 34 orig s 34\nrenum as s 235\npres s 34\n(prev s 7B) ins A1997-27 s 5\nsub A2001-81 amdt 1.11\nrenum as s 34 R9 LA (see A2001-81 s 34)\nWhen is a worker taken to be totally incapacitated?\ns 35 orig s 35\nrenum as s 236\npres s 35\n(prev s 7C) ins A1997-66 s 5\nsub A2001-81 amdt 2.4\nrenum as s 35 R9 LA (see A2001-81 s 34)\nJourney claims\ns 36 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 36 orig s 36\nrenum as s 237\npres s 36\n(prev s 8) am Ord1952-4 s 6; Ord1968-19 s 2; Ord1983-69 s\n7; A1991-105 sch 3\nsub A2001-81 s 10\nrenum as s 36 R9 LA (see A2001-81 s 34)\nam A2006-4 amdt 1.3\nEmployment connection with ACT or State\npt 4.2A hdg ins A2003-49 amdt 1.3\nMeaning of Territory or State of connection etc\ns 36A ins A2003-49 amdt 1.3\nEmployment connection test\ns 36B ins A2003-49 amdt 1.3\nam A2014-46 ss 4-6; ss renum R59 LA\n\nDetermination of Territory or State of connection in workers compensation\nproceedings\ns 36C ins A2003-49 amdt 1.3\nDetermination of Territory or State of connection by Magistrates Court\ns 36D ins A2003-49 amdt 1.3\nRecognition of previous determinations of Territory or State of connection\ns 36E ins A2003-49 amdt 1.3\nNo ACT compensation if external compensation received\ns 36F ins A2003-49 amdt 1.3\nWeekly compensation\npt 4.3 hdg ins A2001-81 s 11\nDefinitions—pt 4.3\ns 36G ins A2006-4 s 5\nam A2011-28 amdt 3.228; A2025-29 amdt 3.373, amdt 3.374\ndef initial incapacity date ins A2006-4 s 5\ndef pension age ins A2017-49 s 5\nam A2025-29 amdt 3.371\ndef statutory floor ins A2011-28 amdt 3.227\nam A2025-29 amdt 3.372\ndef weekly compensation ins A2006-4 s 5\nWhat if the worker is dead?\ns 37 orig s 37\nrenum as s 238\npres s 37\n(prev s 8A) ins A2001-81 s 11\nrenum as s 37 R9 LA (see A2001-81 s 34)\nPrescribed insurance policies\ns 37A renum as s 239\nApproved rehabilitation providers\ns 37B renum as s 240\nChildren and Young People Act and compensation\ns 37C renum as s 241\nPeriodic Detention Act and compensation\ns 37D renum as s 242\nRemand Centres Act and compensation\ns 37E renum as s 243\nSupervision of Offenders (Community Service Orders) Act and\ns 37F renum as s 244\n\nWhen do weekly compensation payments begin etc?\ns 38 orig s 38\nrenum as s 245\npres s 38\n(prev s 8B) ins A2001-81 s 11\nrenum as s 38 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 1.7\nam A2017-49 s 6\nEntitlement to weekly compensation for first 26 weeks of incapacity\ns 39 orig s 39\nrenum as s 246\npres s 39\n(prev s 8C) ins A2001-81 s 11\nrenum as s 39 R9 LA (see A2001-81 s 34)\nam A2006-8 s 9; A2017-49 s 7; A2018-42 amdt 1.38\nEntitlement to weekly compensation after first 26 weeks of incapacity\ns 40 (prev s 8D) ins A2001-81 s 11\nrenum as s 40 R9 LA (see A2001-81 s 34)\nam A2006-8 s 10; A2017-49 s 7; A2018-42 amdt 1.39\nEntitlement to weekly compensation after 26 weeks of total incapacity\ns 41 (prev s 8E) ins A2001-81 s 11\nrenum as s 41 R9 LA (see A2001-81 s 34)\nam A2011-28 amdt 3.229\nEntitlement to weekly compensation after 26 weeks of partial incapacity\ns 42 (prev s 8F) ins A2001-81 s 11\nrenum as s 42 R9 LA (see A2001-81 s 34)\nam A2006-8 s 11, s 12\nStopping payments for total incapacity\ns 43 (prev s 8G) ins A2001-81 s 11\nrenum as s 43 R9 LA (see A2001-81 s 34)\nStopping payments for partial incapacity\ns 43A ins A2006-4 s 6\nEffect on payment period of loss of entitlement to weekly compensation\ns 43B ins A2006-4 s 6\n\nLiving outside Australia\ns 44 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 44 (prev s 8H) ins A2001-81 s 11\nrenum as s 44 R9 LA (see A2001-81 s 34)\nam A2025-30 s 23\nEffect of living outside Australia if compensation still payable\ns 45 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 45 (prev s 8I) ins A2001-81 s 11\nrenum as s 45 R9 LA (see A2001-81 s 34)\nam R28 LA (see also A2006-4 s 7)\nEffect of payment of weekly compensation on other benefits etc\ns 46 (prev s 8J) ins A2001-81 s 11\nrenum as s 46 R9 LA (see A2001-81 s 34)\nsub A2022-23 s 14\nNo assignment etc of weekly compensation\ns 47 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 47 (prev s 8K) ins A2001-81 s 11\nrenum as s 47 R9 LA (see A2001-81 s 34)\nCompensation for permanent injuries\npt 4.4 hdg ins A2001-81 s 11\nMeaning of loss\ns 48 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 48 (prev s 8L) ins A2001-81 s 11\nrenum as s 48 R9 LA (see A2001-81 s 34)\nMeaning of single loss amount\ns 49 (prev s 8M) ins A2001-81 s 11\nrenum as s 49 R9 LA (see A2001-81 s 34)\nMeaning of maximum loss amount\ns 50 (prev s 8N) ins A2001-81 s 11\nrenum as s 50 R9 LA (see A2001-81 s 34)\nCompensation for permanent injuries generally\ns 51 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 51 (prev s 8O) ins A2001-81 s 11\nrenum as s 51 R9 LA (see A2001-81 s 34)\nActuarial review and back, neck and pelvis impairments\ns 52 (prev s 8OA) ins A2001-81 s 11\nrenum as s 52 R9 LA (see A2001-81 s 34)\nexp 1 July 2002 (s 52 (10))\nCompensation for 2 or more losses\ns 53 (prev s 8P) ins A2001-81 s 11\nrenum as s 53 R9 LA (see A2001-81 s 34)\n\nCompensation and left-handedness\ns 54 (prev s 8Q) ins A2001-81 s 11\nrenum as s 54 R9 LA (see A2001-81 s 34)\nCompensation for combination of items\ns 55 (prev s 8R) ins A2001-81 s 11\nrenum as s 55 R9 LA (see A2001-81 s 34)\nCompensation for only arm, leg, hand or foot\ns 56 (prev s 8S) ins A2001-81 s 11\nrenum as s 56 R9 LA (see A2001-81 s 34)\nCompensation for loss of sexual organs\ns 57 (prev s 8T) ins A2001-81 s 11\nrenum as s 57 R9 LA (see A2001-81 s 34)\nLoss of bowel function\ns 58 (prev s 8U) ins A2001-81 s 11\nrenum as s 58 R9 LA (see A2001-81 s 34)\nProportionate loss of use\ns 59 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 59 (prev s 8V) ins A2001-81 s 11\nrenum as s 59 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 1.8\nSpecial provisions for HIV/AIDS\ns 60 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 60 (prev s 8W) ins A2001-81 s 11\nrenum as s 60 R9 LA (see A2001-81 s 34)\nom A2025-30 s 24\nDeduction for previous injury or pre-existing condition\ns 61 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 61 (prev s 8X) ins A2001-81 s 11\nrenum as s 61 R9 LA (see A2001-81 s 34)\nFurther loss and deductible proportions\ns 62 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 62 (prev s 8Y) ins A2001-81 s 11\nrenum as s 62 R9 LA (see A2001-81 s 34)\nLoss of hearing because of age\ns 63 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 63 (prev s 8Z) ins A2001-81 s 11\nrenum as s 63 R9 LA (see A2001-81 s 34)\nNo compensation for less than 6% hearing loss\ns 64 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 64 (prev s 9) ins A2001-81 s 11\nrenum as s 64 R9 LA (see A2001-81 s 34)\n\nPresumption to be drawn from refusal to submit to hearing examination\ns 65 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 65 (prev s 9A) ins A2001-81 s 11\nrenum as s 65 R9 LA (see A2001-81 s 34)\nam A2025-29 amdt 3.375\nEmployer’s responsibility to pay for hearing loss tests\ns 66 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 66 (prev s 9B) ins A2001-81 s 11\nrenum as s 66 R9 LA (see A2001-81 s 34)\nReimbursement for costs of medical certificate and examination\ns 67 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 67 (prev s 9C) ins A2001-81 s 11\nam A2002-22 amdt 1.10\nrenum as s 67 R9 LA (see A2001-81 s 34)\nLimited entitlement if death happens within 3 months\ns 68 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 68 (prev s 9D) ins A2001-81 s 11\nrenum as s 68 R9 LA (see A2001-81 s 34)\nCompensation for medical treatment, damage and other costs\npt 4.5 hdg ins A2001-81 s 11\nApplication—pt 4.5\ns 69 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 69 (prev s 9E) ins A2001-81 s 11\nrenum as s 69 R9 LA (see A2001-81 s 34)\nEmployer liability for medical treatment etc\ns 70 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 70 (prev s 9F) ins A2001-81 s 11\nrenum as s 70 R9 LA (see A2001-81 s 34)\nsub A2006-8 s 13\nam A2008-30 s 4; pars renum R35 LA; A2016-25 amdt 1.1; ss\nrenum R64 LA; A2016-35 amdts 1.2-1.4; ss renum R67 LA;\nA2017-4 amdt 3.211\nClaim for compensation for pt 4.5\ns 71 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 71 (prev s 9G) ins A2001-81 s 11\nrenum as s 71 R9 LA (see A2001-81 s 34)\nam A2006-8 s 14\n\nSecond assessments\ns 72 hdg (prev s 9H hdg) sub A2002-22 amdt 1.11\nrenum as s 72 hdg R9 LA (see A2001-81 s 34)\nbracketed note exp 1 July 2004 (s 3 (3))\ns 72 (prev s 9H) ins A2001-81 s 11\nam A2002-22 amdt 1.12\nrenum as s 72 R9 LA (see A2001-81 s 34)\nPayments for medical treatment received from hospital\ns 73 hdg bracketed note exp 1 July 2004 (s 3 (3))\nsub A2006-8 s 15\ns 73 (prev s 9I) ins A2001-81 s 11\nrenum as s 73 R9 LA (see A2001-81 s 34)\nWorking out costs of alterations to residences\ns 73A ins A2008-30 s 5\nPayments for costs of alterations to residences\ns 73B ins A2008-30 s 5\nTransport costs other than private car\ns 74 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 74 (prev s 9J) ins A2001-81 s 11\nam A2002-22 amdt 1.13\nrenum as s 74 R9 LA (see A2001-81 s 34)\nam A2006-8 s 16; A2017-4 amdt 3.212; A2018-19 amdt 1.20;\nA2025-29 amdt 3.375\nWorking out transport costs for private cars\ns 75 (prev s 9K) ins A2001-81 s 11\nrenum as s 75 R9 LA (see A2001-81 s 34)\nam A2006-8 s 17; A2021-12 amdt 1.5\nCosts of accommodation and meals\ns 76 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 76 (prev s 9L) ins A2001-81 s 11\nrenum as s 76 R9 LA (see A2001-81 s 34)\nam A2006-8 s 18, s 19; A2009-49 amdt 3.217\nCompensation for death\npt 4.6 hdg ins A2001-81 s 11\nDeath benefits\ns 77 (prev s 10) ins A2001-81 s 11\nrenum as s 77 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 1.9, amdt 1.10; ss renum R14 LA\n(see A2002-49 amdt 3.255); A2017-49 ss 9-11\n\nPayment into court of lump sum death benefits\ns 78 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 78 (prev s 10A) ins A2001-81 s 11\nrenum as s 78 R9 LA (see A2001-81 s 34)\nam A2016-13 amdt 1.147\npt 4.7 hdg ins A2001-81 s 11\ns 79 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 79 (prev s 10B) ins A2001-81 s 11\nrenum as s 79 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 1.11; A2016-27 s 4; ss renum R71 LA\nEffect of registration of agreements\ns 80 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 80 (prev s 10C) ins A2001-81 s 11\nrenum as s 80 R9 LA (see A2001-81 s 34)\nCancellation or amendment of registered agreements\ns 81 (prev s 10D) ins A2001-81 s 11\nrenum as s 81 R9 LA (see A2001-81 s 34)\nExceptions to entitlements to compensation\npt 4.8 hdg ins A2001-81 s 11\nWhen is compensation under Act generally not payable?\ns 82 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 82 (prev s 10E) ins A2001-81 s 11\nrenum as s 82 R9 LA (see A2001-81 s 34)\nam A2010-47 amdt 1.7, amdt 1.8; A2016-25 amdt 1.2\nNo compensation while imprisoned\ns 83 orig s 83\n(prev s 10F) ins Ord1983-69 s 10\nam A1991-105 s 9\npres s 83\n(prev s 10F) ins A2001-81 s 11\nrenum as s 83 R9 LA (see A2001-81 s 34)\nam A2016-25 amdt 1.3\nCompensation for sporting injuries\ns 84 (prev s 10G) ins A1995-52 s 6\nrenum as s 84 R9 LA (see A2001-81 s 34)\nPayments to families of deceased workers\npt 4.9 hdg ins A2025-30 s 25\nApplication—pt 4.9\ns 84A ins A2025-30 s 25\n\nPayments to families of deceased workers\ns 84B ins A2025-30 s 25\nEffect of payment\ns 84C ins A2025-30 s 25\nInjury management process\nch 5 hdg ins A2001-81 s 16\nObject and definitions for ch 5\npt 5.1 hdg ins A2001-81 s 16\nObject—ch 5\ns 85 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 85 (prev s 10H) ins A2001-81 s 16\nrenum as s 85 R9 LA (see A2001-81 s 34)\nMeaning of injured worker and personal injury plan—Act\ns 85A ins A2007-16 amdt 3.143\nDefinitions—ch 5\ns 86 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 86 (prev s 10I) ins A2001-81 s 16\nrenum as s 86 R9 LA (see A2001-81 s 34)\nsub A2006-8 s 20; A2007-16 amdt 3.143\ndef employer ins A2006-16 amdt 3.143\ndef injured worker sub A2006-8 s 20\nom A2007-16 amdt 3.143\ndef injury management sub A2006-8 s 20; A2007-16\ndef injury management program sub A2006-8 s 20;\nA2007-16 amdt 3.143\ndef injury notice sub A2006-8 s 20; A2007-16 amdt 3.143\ndef insurer om A2006-4 s 8\nins A2007-16 amdt 3.143\ndef nominated treating doctor sub A2006-8 s 20; A2007-16\ndef personal injury plan sub A2006-8 s 20\nom A2007-16 amdt 3.143\ndef workplace injury sub A2006-8 s 20; A2007-16\nMeaning of insurer for ch 5\ns 86A ins A2006-4 s 9\nam A2020-30 s 46, s 102, s 104\nMeaning of employer and insurer if more than 1\ns 87 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 87 (prev s 10J) ins A2001-81 s 16\nrenum as s 87 R9 LA (see A2001-81 s 34)\n\nGeneral obligations\npt 5.2 hdg ins A2001-81 s 16\nInsurer to establish etc injury management program\ns 88 (prev s 10K) ins A2001-81 s 16\nrenum as s 88 R9 LA (see A2001-81 s 34)\nam A2006-4 s 10\nInsurer to give effect to injury management program\ns 89 (prev s 10L) ins A2001-81 s 16\nrenum as s 89 R9 LA (see A2001-81 s 34)\nam A2006-4 s 11; A2020-30 s 104\nInsurer’s obligation of prompt payment\ns 90 (prev s 10M) ins A2001-81 s 16\nrenum as s 90 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 2.2\nam A2006-4 s 12\nEmployer’s obligations for injury management programs\ns 91 (prev s 10N) ins A2001-81 s 16\nrenum as s 91 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.3, amdt 2.4\nRegister of injuries\ns 92 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 92 (prev s 10NA) ins A2001-81 s 16\nrenum as s 92 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.5, amdt 2.6\nObligations on injury\npt 5.3 hdg ins A2001-81 s 16\nEarly notification of workplace injury\ns 93 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 93 (prev s 10O) ins A2001-81 s 16\nrenum as s 93 R9 LA (see A2001-81 s 34)\ns 94 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 94 (prev s 10P) ins A2001-81 s 16\nrenum as s 94 R9 LA (see A2001-81 s 34)\nUninsured employer to give DI fund manager injury notice etc\ns 94A ins A2006-4 s 13\nLiquidator to give DI fund manager injury notice etc\ns 94B ins A2006-4 s 13\n\nInjured workers of uninsured employers may give DI fund manager injury\nnotice\ns 94C ins A2006-4 s 13\nWhat if employer does not give notice of injury within time?\ns 95 (prev s 10Q) ins A2001-81 s 16\nam A2002-22 amdt 1.14\nrenum as s 95 R9 LA (see A2001-81 s 34)\nam A2006-4 s 14, s 15; A2020-30 s 104\nObligation of insurer on being notified of injury\ns 96 (prev s 10R) ins A2001-81 s 16\nrenum as s 96 R9 LA (see A2001-81 s 34)\nsub A2003-49 s 12\nObligations in relation to personal injury plans\npt 5.4 hdg ins A2001-81 s 16\nApplication—pt 5.4\ns 96A ins A2016-25 amdt 1.4\nPersonal injury plan for worker with significant injury\ns 97 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 97 (prev s 10S) ins A2001-81 s 16\nrenum as s 97 R9 LA (see A2001-81 s 34)\nam A2009-56 s 6; A2016-25 amdt 1.5; A2020-30 s 104\nProvision of information about personal injury plan\ns 98 (prev s 10T) ins A2001-81 s 16\nrenum as s 98 R9 LA (see A2001-81 s 34)\nam A2016-25 amdt 1.6; A2020-30 s 104\ns 99 (prev s 10U) ins A2001-81 s 16\nrenum as s 99 R9 LA (see A2001-81 s 34)\nAppointment of approved rehabilitation provider under personal injury plan\ns 99A ins A2009-56 s 7\nEmployer’s personal injury plan obligations\ns 100 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 100 (prev s 10V) ins A2001-81 s 16\nrenum as s 100 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.7; A2020-30 s 104\nWorker’s personal injury plan obligations\ns 101 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 101 (prev s 10W) ins A2001-81 s 16\nrenum as s 101 R9 LA (see A2001-81 s 34)\nam A2006-8 s 21\n\nNomination of doctor for personal injury plan\ns 102 (prev s 10X) ins A2001-81 s 16\nrenum as s 102 R9 LA (see A2001-81 s 34)\nam A2009-56 s 8; A2011-22 amdt 1.497; A2020-30 s 100\nSubsequent medical certificates under personal injury plan\ns 103 (prev s 10Y) ins A2001-81 s 16\nrenum as s 103 R9 LA (see A2001-81 s 34)\nReturn-to-work coordinators\npt 5.4A hdg ins A2016-8 s 4\nDefinitions—pt 5.4A\ns 103A ins A2016-8 s 4\ndef annual premium ins A2016-8 s 4\ndef return-to-work coordinator ins A2016-8 s 4\nApplication—pt 5.4A\ns 103B ins A2016-8 s 4\nAppointment\ns 103C ins A2016-8 s 4\nFunctions\ns 103D ins A2016-8 s 4\nam A2020-30 s 47\nEmployer’s obligations\ns 103E ins A2016-8 s 4\nRegister of return-to-work coordinators\ns 103F ins A2016-8 s 4\nam A2019-38 amdt 1.23\nOther obligations\npt 5.5 hdg ins A2001-81 s 16\nInjured worker’s obligation to return to work\ns 104 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 104 (prev s 10Z) ins A2001-81 s 16\nrenum as s 104 R9 LA (see A2001-81 s 34)\nEmployer must provide suitable work for full-time, part-time and casual\ns 105 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 105 (prev s 10ZA) ins A2001-81 s 16\nrenum as s 105 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.8\n\nEmployer must provide suitable work for contract workers\ns 106 (prev s 10ZB) ins A2001-81 s 16\nrenum as s 106 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.9, amdt 2.10\nPayment of cost of medical treatment and rehabilitation services for injured\ns 107 hdg bracketed note exp 1 July 2004 (s 3 (3))\nsub A2006-8 s 22\ns 107 (prev s 10ZC) ins A2001-81 s 16\nrenum as s 107 R9 LA (see A2001-81 s 34)\nam A2006-8 s 22\nSecond injury arrangements\ns 108 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 108 (prev s 10ZD) ins A2001-81 s 16\nrenum as s 108 R9 LA (see A2001-81 s 34)\nWorkplace rehabilitation\ns 109 (prev s 10ZE) ins A2001-81 s 16\nrenum as s 109 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 2.11\nam A2006-4 s 16; ss renum A2006-4 s 17\nReturn-to-work guidelines\ns 110 (prev s 10ZF) ins A2001-81 s 16\nrenum as s 110 R9 LA (see A2001-81 s 34)\nObligations in relation to LTCS participants\npt 5.5A hdg ins A2016-25 amdt 1.7\nLTCS participants—provision of information about assessment of treatment\nand care needs\ns 110A ins A2016-25 amdt 1.7\nCompliance with ch 5\npt 5.6 hdg ins A2001-81 s 16\nObligation of Minister\ns 111 (prev s 10ZG) ins A2001-81 s 16\nrenum as s 111 R9 LA (see A2001-81 s 34)\nCompliance by insurers, including DI fund\ns 112 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 112 (prev s 10ZH) ins A2001-81 s 16\nrenum as s 112 R9 LA (see A2001-81 s 34)\nsub A2006-4 s 18\n\nCompliance by workers\ns 113 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 113 (prev s 10ZI) ins A2001-81 s 16\nrenum as s 113 R9 LA (see A2001-81 s 34)\nam A2006-4 s 19; pars renum A2006-4 s 20; A2022-23 s 15\nUnreasonableness in stopping payment\nS 114 (prev s 10ZIA) ins A2001-81 s 16\nrenum as s 114 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.12; A2022-23 s 16\nLiability not affected\ns 115 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 115 (prev s 10ZJ) ins A2001-81 s 16\nrenum as s 115 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 3.256; A2006-8 s 23\nClaims\nch 6 hdg ins A2001-81 s 17\nMaking claims\npt 6.1 hdg ins A2001-81 s 17\nMaking claim for compensation\ns 116 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 116 (prev s 11) am Ord1952-4 s 7; Ord1954-12 s 3; Ord1959-20\ns 2; Ord1965-6 s 4; Ord1967-44 sch 1; Ord1971-15 s 3;\nA1991-105 s 10 and sch 3; A1997-66 s 6\nsub A2001-81 s 17\nrenum as s 116 R9 LA (see A2001-81 s 34)\nam A2016-27 s 5\nClaim for property loss or damage\ns 117 (prev s 11A) ins A2001-81 s 17\nrenum as s 117 R9 LA (see A2001-81 s 34)\nMedical certificates and claims for compensation\ns 118 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 118 (prev s 11B) ins A2001-81 s 17\nam A2002-22 amdt 1.15\nrenum as s 118 R9 LA (see A2001-81 s 34)\nam A2003-49 s 13\nNo compliant certificate with claim\ns 119 hdg (prev s 11C hdg) sub A2002-22 amdt 1.16\ns 119 (prev s 11C) ins A2001-81 s 17\nrenum as s 119 R9 LA (see A2001-81 s 34)\nam A2016-27 s 6; A2020-30 s 102, s 104\n\nTime for taking proceedings generally\ns 120 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 120 (prev s 11D) ins A2001-81 s 17\nrenum as s 120 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 3.257; A2003-49 ss 14-16\nProceedings on late claims\ns 120A ins A2003-49 s 17\nTime for making claim under pt 4.4\ns 121 (prev s 11E) ins A2001-81 s 17\nrenum as s 121 R9 LA (see A2001-81 s 34)\nam A2016-27 s 7\nWhen is a claim made?\ns 122 (prev s 11F) ins A2001-81 s 17\nrenum as s 122 R9 LA (see A2001-81 s 34)\nam A2006-4 s 21\nsub A2016-27 s 8\ns 123 hdg bracketed note exp 1 July 2004 (s 3 (3))\nsub A2016-27 s 9\ns 123 (prev s 11G) ins A2001-81 s 17\nrenum as s 123 R9 LA (see A2001-81 s 34)\nam A2016-27 s 10\nNo notice or defective or inaccurate notice\ns 124 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 124 (prev s 11H) ins A2001-81 s 17\nrenum as s 124 R9 LA (see A2001-81 s 34)\ns 125 (prev s 11I) ins A2001-81 s 17\nrenum as s 125 R9 LA (see A2001-81 s 34)\nam A2006-4 s 22; A2020-30 s 98\nAction by employer in relation to claims\ns 126 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 126 (prev s 11J) ins A2001-81 s 17\nrenum as s 126 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.13, amdt 2.14; A2016-27 s 11, s 12;\nA2020-30 s 104\nLump sum claims—notice by licensed insurers about double compensation\netc\ns 126A hdg am A2020-30 s 103\ns 126A ins A2003-49 s 18\nam A2020-30 s 101, s 102; A2025-29 amdt 4.197\n\nTime for accepting or rejecting claims\npt 6.2 hdg ins A2001-81 s 17\nMeaning of insurer and given to insurer for pt 6.2\ns 127 (prev s 12) ins A2001-81 s 17\nsub A2002-22 amdt 1.17\nrenum as s 127 R9 LA (see A2001-81 s 34)\nam A2006-4 s 23; A2016-27 s 13; A2020-30 s 99, s 101,\ns 102, s 104\nClaim—injury other than imminently fatal asbestos-related disease\ns 128 (prev s 12A) ins Ord1975-11 s 3\nam Ord1982-103 s 3; A1991-105 sch 3\nsub A1997-66 s 7; A2001-81 s 17\nrenum as s 128 R9 LA (see A2001-81 s 34)\nsub A2006-4 s 24; A2016-27 s 14\nClaim—imminently fatal asbestos-related disease\ns 128A ins A2016-27 s 14\nRejecting claims generally\ns 129 (prev s 12B) ins Ord1975-11 s 3\nsub A2001-81 s 17\nam A2002-22 amdts 1.18-1.20\nrenum as s 129 R9 LA (see A2001-81 s 34)\nam A2013-44 amdt 3.208; A2016-18 amdt 3.223, amdt 3.224;\nA2020-30 s 104\nRejecting claim within 28 days\ns 130 (prev s 12C) ins A2001-81 s 17\nrenum as s 130 R9 LA (see A2001-81 s 34)\nRejecting claims after 28 days but within 1 year\ns 131 (prev s 12D) ins A2001-81 s 17\nrenum as s 131 R9 LA (see A2001-81 s 34)\nRejecting claims from 1 year\ns 132 (prev s 12E) ins A2001-81 s 17\nrenum as s 132 R9 LA (see A2001-81 s 34)\nLiability on claims\npt 6.3 hdg ins A2001-81 s 17\nWithout prejudice payments\ns 133 (prev s 12F) ins A2001-81 s 17\nrenum as s 133 R9 LA (see A2001-81 s 34)\nam A2020-30 s 48\n\nLiability on claim not accepted or rejected\ns 134 (prev s 12G) ins A2001-81 s 17\nam A2002-22 amdt 1.21\nrenum as s 134 R9 LA (see A2001-81 s 34)\nam A2006-4 s 25; A2017-4 amdt 3.213; A2020-30 s 49, s 102\nOrder for refund of overpayments of compensation\ns 135 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 135 (prev s 12H) ins A2001-81 s 17\nrenum as s 135 R9 LA (see A2001-81 s 34)\nam A2006-4 s 26, s 27; A2020-30 s 102\nSettlement of claims\npt 6.4 hdg ins A2001-81 s 17\nContracting out\ns 136 (prev s 12I) ins A2001-81 s 17\nrenum as s 136 R9 LA (see A2001-81 s 34)\nHow worker may commute rights\ns 137 (prev s 12J) ins A2001-81 s 17\nrenum as s 137 R9 LA (see A2001-81 s 34)\nam A2016-25 amdt 1.8; ss renum R64 LA; A2020-30 s 102\nNo assignment etc of payout of weekly compensation\ns 138 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 138 (prev s 12K) ins A2001-81 s 17\nrenum as s 138 R9 LA (see A2001-81 s 34)\nch 7 hdg ins A2001-81 s 19\nMeaning of approved rehabilitation provider etc\ns 139 (prev s 15A) ins A1994-68 s 5\nam A2002-22 amdt 1.22\nrenum as s 139 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.15; A2009-56 s 9\nMeaning of vocational rehabilitation\ns 140 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 140 (prev s 15B) ins A1994-68 s 5\nrenum as s 140 R9 LA (see A2001-81 s 34)\nMeaning of protocol in ch 7 etc\ns 141 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 141 (prev s 15C) ins A1994-68 s 5\nrenum as s 141 R9 LA (see A2001-81 s 34)\n\ns 142 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 142 (prev s 15D) ins A1994-68 s 5\nrenum as s 142 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.16; A2016-25 amdt 1.9; ss renum R64\nLA\nVocational rehabilitation—LTCS participants\ns 142A ins A2016-25 amdt 1.10\nFalse representation of approval\ns 143 (prev s 15E) ins A1994-68 s 5\nrenum as s 143 R9 LA (see A2001-81 s 34)\nInsurance\nch 8 hdg (prev pt 3 hdg) ins A1991-105 s 11\nrenum as ch 8 hdg A2001-81 amdt 1.17\nInsurance—general\npt 8.1 hdg ins A2006-4 s 28\nInterpretation\ndiv 8.1.1 hdg ins A2020-30 s 50\nDefinitions\ns 143A ins A2020-30 s 50\ndef insurance service ins A2020-30 s 50\ndef insurer licence ins A2020-30 s 50\ndef licensed insurer ins A2020-30 s 50\ndef licensed self-insurer ins A2020-30 s 50\ndef self-insurer licence ins A2020-30 s 50\nMeaning of compulsory insurance policy\ns 144 (prev s 16) am Ord1967-44 sch 1; Ord1987-24 s 4\nsub A1991-105 s 12\nam A1997-27 sch 1; A1997-66 s 8; A1999-85 s 70; A2001-44\namdt 1.4365, amdt 1.4366; R7 LA (see A2001-44 amdt\n1.4367)\nrenum as s 144 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 1.4; A2006-4 amdt 1.4; A2009-56 s 10;\nA2016-25 amdt 1.11, amdt 1.12; A2025-29 amdt 4.197\nLicences—insurers\ndiv 8.1.2 hdg ins A2020-30 s 51\n\nRequirement to hold insurer licence\ns 145 (prev s 16A) ins A2001-81 s 20\nrenum as s 145 R9 LA (see A2001-81 s 34)\nsub A2020-30 s 51\nApplication for insurer licence\ns 145A ins A2020-30 s 51\nRegulator may request more information\ns 145B ins A2020-30 s 51\nChange of information must be provided\ns 145C ins A2020-30 s 51\nIssue of insurer licence\ns 145D ins A2020-30 s 51\nInsurer licence—conditions\ns 145E ins A2020-30 s 51\nInsurer licence—period\ns 145F ins A2020-30 s 51\nInsurer licence—surrender\ns 145G ins A2020-30 s 51\nProviding insurance services without insurer licence\ns 145H ins A2020-30 s 51\nBreach of insurer licence condition\ns 145I ins A2020-30 s 51\nRegulations about insurer licences\ns 145J ins A2020-30 s 51\nLicences—self-insurers\ndiv 8.1.3 hdg ins A2020-30 s 51\nRequirement to hold self-insurer licence\ns 145K ins A2020-30 s 51\nsub A2025-27 s 7\nApplication for self-insurer licence\ns 145L ins A2020-30 s 51\nRegulator may request more information\ns 145M ins A2020-30 s 51\nChange of information must be provided\ns 145N ins A2020-30 s 51\nIssue of self-insurer licence\ns 145O ins A2020-30 s 51\n\nSelf-insurer licence—conditions\ns 145P ins A2020-30 s 51\nSelf-insurer licence—period\ns 145Q ins A2020-30 s 51\nSelf-insurer licence—surrender\ns 145R ins A2020-30 s 51\nFailing to hold a self-insurer licence\ns 145S ins A2020-30 s 51\nam A2025-27 s 8, s 9\nBreach of self-insurer licence condition\ns 145T ins A2020-30 s 51\nRegulations about self-insurer licences\ns 145U ins A2020-30 s 51\nLicences—compliance and other requirements\ndiv 8.1.4 hdg ins A2020-30 s 51\nEffect of cancellation or suspension of insurer licence\ns 146 (prev s 16B) ins A2001-81 s 20\nrenum as s 146 R9 LA (see A2001-81 s 34)\nam A2006-4 s 29\nsub A2020-30 s 52\nEffect of cancellation or suspension of self-insurer licence\ns 146A ins A2020-30 s 52\nCompulsory insurance—employers\ns 147 (prev s 16C) ins A2001-81 s 20\nrenum as s 147 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 1.5; A2009-56 s 11\nam A2011-22 amdt 1.497; A2020-30 s 98, s 100, s 104;\nA2025-27 s 10\nCompulsory insurance—offences\ns 147A ins A2009-56 s 11\nam A2020-30 s 98, s 104\nCompulsory insurance policy—minimum premium following default notice\ns 147B ins A2009-56 s 11\nam A2020-30 s 98, s 102\n\nEffect of failure to maintain compulsory insurance on other insurance etc for\nthis Act\ns 148 hdg (prev s 149 hdg) bracketed note exp 1 July 2004 (s 3 (3))\ns 148 orig s 148\n(prev s 16D) ins A2001-81 s 20\nrenum as s 148 R9 LA (see A2001-81 s 34)\nom A2003-49 amdt 2.17\npres s 148\n(prev s 17) ins A1991-105 s 12\nam A2001-44 amdt 1.4368, amdt 1.4369\nrenum as s 149 R9 LA (see A2001-81 s 34)\nam A2006-4 s 30\nrenum as s 148 A2006-4 s 31\nam A2020-30 s 53, s 99, s 104\nFailure to maintain compulsory insurance policy—regulator entitled to\nrecovery amount\ns 149 hdg (prev s 150 hdg) bracketed note exp 1 July 2004 (s 3 (3))\ns 149 orig s 149\nrenum as s 148\npres s 149\n(prev s 17A) ins A1991-105 s 12\nrenum as s 150 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 1.6, amdt 1.7\nsub as s 149 A2006-4 s 32\nsub A2009-56 s 12\nam A2011-22 amdt 1.492, amdt 1.497; A2020-30 s 54, s 98,\ns 100, s 104\nEvidence of maintenance of compulsory insurance policy\ns 150 hdg (prev s 151 hdg) bracketed note exp 1 July 2004 (s 3 (3))\ns 150 orig s 150\nsub as s 149\npres s 150\n(prev s 17B) ins A1991-105 s 12\nam A1997-66 s 9; A1998-54 sch; A2000-74 s 3; A2001-81\namdt 2.6, amdt 2.7\nrenum as s 151 R9 LA (see A2001-81 s 34)\nrenum as s 150 A2006-4 amdt 1.5\n\ns 151 hdg (prev s 152 hdg) bracketed note exp 1 July 2004 (s 3 (3))\ns 151 orig s 151\nrenum as s 150\npres s 151\n(prev s 17C) ins A1991-105 s 12\nam A2001-44 amdt 1.4370, amdt 1.4371\nrenum as s 152 R9 LA (see A2001-81 s 34)\nrenum as s 151 A2006-4 amdt 1.5\nam A2009-56 s 13\nom A2020-30 s 55\nCompulsory insurance—licensed insurers\ns 152 hdg sub A2020-30 s 56\ns 152 orig s 152\nrenum as s 151\npres s 152\n(prev s 17D) ins A1991-105 s 12\nrenum as s 153 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.18\nrenum as s 152 A2006-4 amdt 1.5\nam A2009-56 s 14, s 15; A2020-30 s 57, s 102\nCancellation\ns 153 orig s 153\nrenum as s 152\npres s 153\n(prev s 17DA) ins A2001-81 s 20\nrenum as s 154 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 2.19\nrenum as s 153 A2006-4 amdt 1.5\nam A2020-30 s 57\nCover notes\ns 154 orig s 154\nrenum as s 153\npres s 154\n(prev s 17E) ins A1997-66 s 10\nam A2001-81 s 21\nrenum as s 155 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.20; ss renum R18 LA (see A2003-49\namdt 2.21)\nrenum as s 154 A2006-4 amdt 1.5\nam A2020-30 s 58, s 59\n\nInformation for licensed insurers on application for issue or renewal of\npolicies\ns 155 hdg sub A2020-30 s 60\ns 155 orig s 155\nrenum as s 154\npres s 155\n(prev s 18) am Ord1959-12 s 4; Ord1967-44 sch 1;\nOrd1969-18 s 4; Ord1980-29 s 2; Ord1983-69 s 12;\nOrd1987-24 s 5\nsub A1991-105 s 12\nam A1997-27 sch 1; A1998-54 sch; A2000-74 s 4, s 5;\nA2001-81 amdt 2.8, amdt 2.9\nsub A2001-81 s 22\nrenum as s 156 R9 LA (see A2001-81 s 34)\nam A2006-4 s 33\nrenum as s 155 A2006-4 s 34\nam A2009-56 s 16, s 17; ss renum R44 LA; A2020-30 s 101, s\nEmployer must notify licensed insurer of certain corrected information\ns 155A hdg sub A2020-30 s 60\ns 155A ins A2015-33 amdt 3.10; A2020-30 s 101, s 102\nInformation for licensed insurers after renewal of policies\ns 156 hdg sub A2020-30 s 60\ns 156 orig s 156\nrenum as s 155\npres s 156\n(prev s 18AA) ins A2001-81 s 22\nrenum as s 157 R9 LA (see A2001-81 s 34)\nam A2006-4 s 35, s 36\nrenum as s 156 A2006-4 s 37\nam A2009-56 ss 18-20; ss renum R44 LA; A2020-30 s 102\nInformation for licensed insurers after end or cancellation of policies\ns 157 hdg sub A2020-30 s 60\ns 157 orig s 157\nrenum as s 156\npres s 157\n(prev s 18AB) ins A2001-81 s 22\nrenum as s 158 R9 LA (see A2001-81 s 34)\nam A2006-4 s 38\nrenum as s 157 A2006-4 s 39\nam A2009-56 ss 21-23; ss renum R44 LA; A2020-30 s 102\n\nInformation for new licensed insurers after change of licensed insurers\ns 158 hdg sub A2020-30 s 60\ns 158 orig s 158\nrenum as s 157\npres s 158\n(prev s 18AC) ins A2001-81 s 22\nrenum as s 159 R9 LA (see A2001-81 s 34)\nam A2006-4 amdt 1.6\nrenum as s 158 A2006-4 amdt 1.7\nam A2009-56 s 24; A2020-30 s 101, s 102\nSix-monthly information for insurers\ns 159 orig s 159\nrenum as s 158\npres s 159\n(prev s 18AD) ins A2001-81 s 22\nrenum as s 160 R9 LA (see A2001-81 s 34)\nam A2006-4 s 40\nrenum as s 159 A2006-4 s 41\nam A2009-56 ss 25-27; ss renum R44 LA\nom A2015-33 amdt 3.11\nCertificate of currency\ns 160 orig s 160\nrenum as s 159\npres s 160\nins A2006-4 s 42\nam A2015-33 amdt 3.12, amdt 3.13; A2020-30 s 98, s 99,\ns 103\nRequirement to produce certificate of currency\ns 161 orig s 161\nrenum as s 162\npres s 161\nins A2006-4 s 42; A2020-30 s 98\n\nFalse information causing lower premium\ns 162 orig s 162\nrenum as s 163\npres s 162\n(prev s 18AE) ins A2001-81 s 22\nrenum as s 161 R9 LA (see A2001-81 s 34)\nam A2002-51 amdt 1.59\nam A2006-4 amdt 1.8\nrenum as s 162 A2006-4 amdt 1.9\nsub A2009-56 s 28\nam A2015-33 amdt 3.14; A2020-30 s 98, s 99, s 103\nAvoiding payment of premium—regulator entitled to recovery amount\ns 162A hdg am A2011-22 amdt 1.497; A2020-30 s 100\ns 162A ins A2009-56 s 28\nam A2011-22 amdt 1.493, amdt 1.497; A2020-30 s 61, s 98, s\n100, s 103\nCease business order\ns 162B ins A2009-56 s 28\nEmployment after 2nd offence\ns 163 orig s 163\nrenum as s 164\npres s 163\n(prev s 18AF) ins A2001-81 s 22\nrenum as s 162 R9 LA (see A2001-81 s 34)\nam A2006-4 amdt 1.10\nrenum as s 163 A2006-4 amdt 1.11\nam A2009-56 s 29; A2015-33 amdt 3.15; A2020-30 s 103\nProvision of information to Minister\ns 164 orig s 164\n(prev s 18B) ins Ord1959-12 s 5\nam A1991-105 note about section headings; A2001-44\namdt 1.4372, amdt 1.4373\nrenum as s 164 R9 LA (see A2001-81 s 34)\npres s 164\n(prev s 18A) ins Ord1959-12 s 5\nam Ord1967-44 sch 1; A1991-105 s 13 and sch 3; A1998-54\nsch; A2001-81 amdt 1.18, amdts 2.10-2.13\nrenum as s 163 R9 LA (see A2001-81 s 34)\nam A2004-2 amdt 1.60; A2003-49 amdts 2.22-2.25; A2006-4\ns 43\n\nrenum as s 164 A2006-4 s 44\nam A2013-44 amdt 3.209; A2020-30 s 98, s 104\nRegulatory action\ndiv 8.1.5 hdg ins A2020-30 s 62\nMeaning of regulatory action—div 8.1.5\ns 164A ins A2020-30 s 62\nWhen regulatory action may be taken\ns 164B ins A2020-30 s 62\nNotification of proposed regulatory action\ns 164C ins A2020-30 s 62\nTaking regulatory action\ns 164D ins A2020-30 s 62\nNot taking regulatory action\ns 164E ins A2020-30 s 62\nRegulatory action in another jurisdiction\ns 164F ins A2020-30 s 62\nEffect of suspension\ns 164G ins A2020-30 s 62\nDefault insurance fund\npt 8.2 hdg ins A2006-4 s 45\nDefinitions for pt 8.2\ndiv 8.2.1 hdg ins A2006-4 s 45\nDefinitions—pt 8.2\ns 165 (prev s 18C) ins Ord1959-12 s 5\nam Ord1969-18 s 5; Ord1983-69 s 13; A1991-105 sch 2, sch 3\nand note about section headings; A1997-27 sch 1\nrenum as s 165 R9 LA (see A2001-81 s 34)\ndef claim for payment ins A2006-4 s 45\ndef claims manager ins A2006-4 s 45\nam A2007-16 amdt 3.144\nEstablishment etc of DI fund\ndiv 8.2.2 hdg ins A2006-4 s 45\nsub A2016-52 amdt 1.172\n\nEstablishment of DI fund\ns 166 (prev s 18D) ins Ord1959-12 s 5\nsub Ord1969-18 s 6\nam Ord1983-69 s 14; A1991-105 s 14 and sch 3; A2001-81\namdt 2.14\nrenum as s 166 R9 LA (see A2001-81 s 34)\nPurpose of DI fund\ns 166A ins A2006-4 s 45\nsub A2009-38 s 6\nam A2009-56 s 30, s 31; A2020-30 s 63, s 101; A2025-27\ns 11, s 12\nDI fund—compensation for imminently fatal asbestos-related disease\ns 166AA ins A2016-27 s 15\nPayments out of DI fund\ns 166B ins A2006-4 s 45\nam A2009-9 s 4; A2009-38 s 7; pars renum R47 LA; A2012-8\ns 4, s 5; A2020-30 s 98\nAppointment of DI fund manager\ns 166C ins A2006-4 s 45\nam A2011-22 amdt 1.497; A2025-30 amdt 1.8\nDI fund manager’s functions etc\ns 166D ins A2006-4 s 45\nDI fund staff\ns 166E ins A2006-4 s 45\nom A2016-52 amdt 1.173\nDI fund manager may engage consultants including claims manager\ns 166F ins A2006-4 s 45\nam A2007-16 amdt 3.145\nClaims manager’s functions\ns 166G ins A2006-4 s 45\nEngagement of DI fund actuary\ns 166H ins A2006-4 s 45\nam A2007-16 amdt 3.146\nDelegation by DI fund manager\ns 166I ins A2006-4 s 45\nDI fund and prescribed employers etc\ndiv 8.2.2A hdg ins A2025-27 s 13\n\nDetermination about DI fund objects, prescribed employers and workers\ns 166J ins A2025-27 s 13\nDetermination of fees for prescribed employers\ns 166K ins A2025-27 s 13\nApplication to be prescribed employer\ns 166L ins A2025-27 s 13\nAssessment of application to be prescribed employer\ns 166M ins A2025-27 s 13\nApplication of amendments before commencement\ns 166N ins A2025-27 s 13\nAdministration of DI fund\ndiv 8.2.3 hdg ins A2006-4 s 45\nAccounts for DI fund\ns 167 (prev s 18E) ins Ord1959-12\nam Ord1961-8; Ord1969-18; A1991-105\nsub A2001-81 amdt 2.15\nam A2001-81 amdt 1.19\nrenum as s 167 R9 LA (see A2001-81 s 34)\nInvestments of amounts of DI fund\ns 167A ins A2006-4 s 45\nBorrowing for DI fund\ns 167B ins A2006-4 s 45\nam A2009-38 s 8\nAudit of DI fund\ns 167C ins A2006-4 s 45\nam A2011-22 amdt 1.497; A2017-4 amdt 3.214\nInformation and assistance by employer to DI fund manager\ns 167D ins A2006-4 s 45\nAssessment of financial position\ns 167E ins A2009-38 s 9\nDetermination that policy in force despite absence of record\ns 167F ins A2009-38 s 10\nContributions to DI fund\ndiv 8.2.4 hdg ins A2006-4 s 45\n\nLicensed insurers and licensed self-insurers must give information\ns 168 (prev s 18EAA) ins A2001-81 amdt 2.15\nrenum as s 168 R9 LA (see A2001-81 s 34)\nam A2017-4 amdt 3.215; A2020-6 s 11, s 12\nsub A2020-30 s 64\nContributions to DI fund by licensed insurers and licensed self-insurers\ns 168A hdg sub A2020-30 s 65\ns 168A ins A2006-4 s 45\nam A2009-38 s 11, s 12; ss renum R47 LA; A2013-46 ss 4-6;\nss renum R57 LA; A2020-30 ss 66-77\nSupplementary contributions to DI fund by licensed insurers and licensed\nself-insurers\ns 168AA hdg sub A2020-30 s 78\ns 168AA ins A2009-38 s 13\nam A2013-46 s 7; A2020-30 s 79\nRefunds of excess DI fund amounts\ns 168B ins A2006-4 s 45\nom A2009-38 s 14\nDI fund’s relationship with liquidators of licensed insurers\ndiv 8.2.5 hdg ins A2006-4 s 45\nsub A2020-30 s 80\nDisplacement of liquidator’s Corporations Act obligation\ns 169 (prev s 18EA) ins Ord1969-18 s 8\nam A1991-105 sch 3; A1998-54 sch; A2001-81 amdt 1.20,\namdts 2.16-2.18\nrenum as s 169 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.26; ss renum R18 LA (see A2003-49\namdt 2.27)\nam A2020-30 s 81, s 99\nPayment to DI fund of amounts recovered by liquidator from reinsurer\ns 169A ins A2006-4 s 45\nPayment to DI fund of amounts recovered by liquidator using fund amounts\ns 169B ins A2006-4 s 45\nRights of DI fund manager against licensed insurer\ns 169C hdg am A2020-30 s 99\ns 169C ins A2006-4 s 45\n\nLiquidator to notify DI fund manager of dissolution\ns 169D ins A2006-4 s 45\nMaking claims for payment\ndiv 8.2.6 hdg ins A2006-4 s 45\nWho may make claim for payment\ns 170 (prev s 18F) ins Ord1959-12 s 5\nam Ord1967-44 sch 1; A1991-105 s 15 and sch 3; A1998-54\nsch\nsub A2001-81 s 23\nrenum as s 170 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.28; ss renum R18 LA (see A2003-49\namdt 2.29)\nsub A2006-4 s 45; A2009-38 s 15\nam A2009-56 s 32; A2016-27 s 16; ss renum R71 LA;\nA2020-30 s 104; A2025-27 s 14\nWhen must claim for payment be made\ns 170A ins A2006-4 s 45\nHow claim for payment made if no licensed insurer\ns 170B hdg am A2020-30 s 102\ns 170B ins A2006-4 s 45\nHow claim for payment made if licensed insurer not wound up\ns 170C hdg am A2020-30 s 102\ns 170C ins A2006-4 s 45\nam A2020-30 s 102; A2025-29 amdt 4.197\nHow claim for payment made if licensed insurer wound up\ns 170D hdg am A2020-30 s 102\ns 170D ins A2006-4 s 45\nam A2020-30 s 102; A2025-29 amdt 4.197\nClaim for payment if employer to pay and liability not covered by compulsory\ninsurance policy etc\ns 170E ins A2006-4 s 45\nClaim for payment if final judgment etc and liability not covered by\ncompulsory insurance policy\ns 170F ins A2006-4 s 45\nClaim for payment if agreement to discharge liability at common law and\nliability not covered by compulsory insurance policy\ns 170G ins A2006-4 s 45\n\nClaim for payment if final judgment etc and liability covered by compulsory\ninsurance policy\ns 170H ins A2006-4 s 45\nClaim for payment if entitlement to claim compensation and licensed\nself-insurer unable to pay compensation\ns 170HA hdg am A2020-30 s 104\ns 170HA ins A2009-38 s 16\nClaim for payment if final judgment etc and licensed self-insurer unable to\ncover liability\ns 170HB hdg am A2020-30 s 104\ns 170HB ins A2009-38 s 16\nam A2020-30 s 82, s 104\nClaim for payment if entitlement to claim compensation and liability covered\nby compulsory insurance policy\ns 170I ins A2006-4 s 45\nLiquidator to forward claims to DI fund manager\ns 170J ins A2006-4 s 45\nPower of Supreme Court to set aside agreements\ns 170K ins A2006-4 s 45\nTreatment of set aside agreement\ns 170L ins A2006-4 s 45\nTime-barred rights after agreement set aside\ns 170M ins A2006-4 s 45\nProceeding after agreement set aside\ns 170N ins A2006-4 s 45\nDI fund manager not to consent to judgment etc unless defendant agrees\ns 170O ins A2006-4 s 45\nom A2009-23 s 4\nPayment of claims\ndiv 8.2.7 hdg ins A2006-4 s 45\nPayments out of DI fund\ns 171 (prev s 18FA) ins A2001-81 s 23\nrenum as s 171 R9 LA (see A2001-81 s 34)\nam A2016-27 s 17, s 18\n\nReopening of agreements and awards\ns 171A ins A2006-4 s 45\nDeciding or re-deciding claim\ns 171B ins A2006-4 s 45\nApproval of terms of settlement by court\ns 171C ins A2006-4 s 45\nDI fund paying claims for payment if liability not completely covered by a\ncompulsory insurance policy and settlement approved\ns 171D ins A2006-4 s 45\nam A2009-38 s 17\nDI fund paying claims for payment against licensed insurers and licensed\nself-insurers if settlement approved\ns 171E hdg sub A2009-38 s 18; A2020-30 s 83\ns 171E ins A2006-4 s 45\nam A2009-38 s 19; A2020-30 s 99, s 102, s 104\nLiquidators to account to DI fund manager\ns 171F ins A2006-4 s 45\nIntervention by DI fund manager\ns 171G ins A2006-4 s 45\nDI fund manager may act\ns 171H ins A2006-4 s 45\nEffect of payment of claims\ns 171I ins A2006-4 s 45\nam A2013-46 s 8; A2016-27 s 19\nDefault insurance fund—miscellaneous\ndiv 8.2.8 hdg ins A2006-4 s 45\nProceedings to be in the name of ‘Workers Compensation Default Insurance\nFund Manager’\ns 172 (prev s 18G) ins Ord1959-12 s 5\nam Ord1969-18 s 9; A2000-74 s 6\nsub A2001-81 s 24\nrenum as s 172 R9 LA (see A2001-81 s 34)\nDI fund manager may consent to judgment etc\ns 172A ins A2009-23 s 5\n\nDI fund manager not personally liable\ns 173 (prev s 18H) ins Ord1959-12 s 5\nam A1991-105 sch 3 and note about section headings;\nA1997-66 s 11; A2001-81 amdts 1.21-1.26; A2002-22\namdt 1.23\nrenum as s 173 R9 LA (see A2001-81 s 34)\nInformation and assistance by employer to nominal insurer\ns 174 (prev s 18J) ins Ord1959-12 s 5\nam Ord1967-44 sch 1; A1991-105 s 16 and sch 3; A1998-54\nsch; A2001-81 amdts 2.19-2.21\nrenum as s 174 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.30, amdt 2.31\nProceedings to be in the name of ‘The Nominal Insurer’\ns 175 (prev s 18K) ins Ord1959-12 s 5\nam A1991-105 sch 3\nrenum as s 175 R9 LA (see A2001-81 s 34)\nPremiums–maximum rates\ns 176 (prev s 20) am Ord1967-44 sch 1\nsub A1991-105 s 17 and sch 2\nam A1991-105 sch 3 and note about section headings;\nA1998-54 sch\nsub A2001-81 amdt 1.27\nrenum as s 176 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.32, amdt 2.33; A2020-30 s 84\nPremiums—remuneration for professional sporting activity\ns 177 (prev s 20AA) ins A1995-52 s 7\nam A2001-81 amdt 1.28\nrenum as s 177 R9 LA (see A2001-81 s 34)\nWorkers rights to information\ns 178 hdg bracketed note exp 1 July 2004 (s 3 (3))\ns 178 (prev s 21) am Ord1967-44 sch 1; Ord1969-18 s 11\nsub A1991-105 s 17\nam A1997-27 sch 1; A1998-54 sch; A2001-44 amdts 1.4374-\n1.4376; R7 LA (see amdt 1.4377)\nsub A2001-81 amdt 1.30\nrenum as s 178 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.34; A2020-30 s 99, s 104\nRegulations to allow Minister to authorise people\ns 179 (prev s 21AA) ins A2001-81 s 25\nrenum as s 179 R9 LA (see A2001-81 s 34)\n\nActs of terrorism\npt 8.3 hdg (prev ch 14A hdg) ins A2002-22 s 4\nrenum as ch 15 hdg R9 LA (see A2001-81 s 34)\nsub A2012-8 s 6\nreloc and renum as pt 8.3 hdg A2012-8 s 11\nApplication of pt 8.3 hdg to insurers\ns 179A (prev s 30A) ins A2002-22 s 4\nrenum as s 224 R9 LA (see A2001-81 s 34)\nam A2003-32 s 4; A2005-16 s 4; A2006-4 amdt 1.19; A2009-9\ns 5; A2012-8 s 7; pars renum R55 LA\nreloc and renum as s 179A A2012-8 s 11\nam A2013-44 amdt 3.210; A2013-46 s 9; A2020-30 s 99,\ns 104\nDefinitions—pt 8.3\ns 179B (prev s 30B) ins A2002-22 s 4\nrenum as s 225 R9 LA (see A2001-81 s 34)\nreloc and renum as s 179B A2012-8 s 11\ndef insurer sub A2020-30 s 85\nMeaning of act of terrorism for pt 8.3\ns 179C (prev s 30C) ins A2002-22 s 4\nrenum as s 226 R9 LA (see A2001-81 s 34)\nreloc and renum as s 179C A2012-8 s 11\ns 179D (prev s 30D) ins A2002-22 s 4\nrenum as s 227 R9 LA (see A2001-81 s 34)\nam A2006-4 s 60; A2012-8 s 8\nreloc and renum as s 179D A2012-8 s 11\ns 179E (prev s 30E) ins A2002-22 s 4\nrenum as s 228 R9 LA (see A2001-81 s 34)\nam A2003-32 s 5; A2005-16 s 5; A2009-9 s 6; A2012-8 s 9\nreloc and renum as s 179E A2012-8 s 11\ns 179F (prev s 30F) ins A2002-22 s 4\nrenum as s 229 R9 LA (see A2001-81 s 34)\nreloc and renum as s 179F A2012-8 s 11\n\ns 179G (prev s 30G) ins A2002-22 s 4\nrenum as s 230 R9 LA (see A2001-81 s 34)\nreloc and renum as s 179G A2012-8 s 11\nam A2020-30 s 98, s 104\ns 179H (prev s 30H) ins A2002-22 s 4\nrenum as s 231 R9 LA (see A2001-81 s 34)\nreloc and renum as s 179H A2012-8 s 11\nReview of payments out of temporary fund\ns 179I (prev s 30I) ins A2002-22 s 4\nrenum as s 232 R9 LA (see A2001-81 s 34)\nsub A2003-32 s 6\nam A2005-16 s 6\nsub A2009-9 s 7; A2012-8 s 10\nreloc and renum as s 179I A2012-8 s 11\nCommon law damages\nch 9 hdg (prev pt 4 hdg) ins A1991-105 s 17\nrenum as ch 9 hdg A2001-81 amdt 1.31\nsub A2003-49 amdt 1.8\nInterpretation and application—ch 9\npt 9.1 hdg ins A2003-49 amdt 1.8\nDefinitions—ch 9\ns 180 hdg (prev s 21A hdg) sub A2001-81 amdt 2.22\nrenum as s 180 hdg R9 LA (see A2001-81 s 34)\ns 180 (prev s 21A) ins A1991-105 s 17\nam A2001-81 amdt 1.32, amdt 2.23, amdt 2.24\nrenum as s 180 R9 LA (see A2001-81 s 34)\ndef compensation om A2001-81 amdt 1.33\nReferences to person who recovers damage etc\ns 181 (prev s 21AB) ins A2001-81 amdt 2.24\nrenum as s 181 R9 LA (see A2001-81 s 34)\nPayments by DI fund manager\ns 182 (prev s 21B) ins A1991-105 s 17\nam A2001-81 amdt 1.34, amdt 1.35\nrenum as s 182 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 3.258\nsub A2006-4 s 46\nChoice of law\npt 9.2 hdg ins A2003-49 amdt 1.9\n\nDefinitions—pt 9.2\ns 182A ins A2003-49 amdt 1.9\ndef damages claim ins A2003-49 amdt 1.9\ndef employer ins A2003-49 amdt 1.9\ndef substantive law ins A2003-49 amdt 1.9\ndef worker ins A2003-49 amdt 1.9\nMeaning of substantive law\ns 182B ins A2003-49 amdt 1.9\nMeaning of damages claim\ns 182C ins A2003-49 amdt 1.9\nApplicable substantive law for damages claims\ns 182D ins A2003-49 amdt 1.9\nClaims to which pt 9.2 applies\ns 182E ins A2003-49 amdt 1.9\nCompensation and common law damages\npt 9.3 hdg ins A2003-49 amdt 1.9\nApplication to participate in LTCS scheme\ns 182EA ins A2016-25 amdt 1.13\nLump sum claims—notice by lawyers to clients about repayment\nrequirements\ns 182F ins A2003-49 s 20\nRemedies against employer and stranger\ns 183 hdg sub A2003-49 s 21\ns 183 (prev s 22) am Ord1952-4 s 9; Ord1959-12 s 6; A1991-105\nsch 2 and sch 3; A2001-81 amdt 1.36\nrenum as s 183 R9 LA (see A2001-81 s 34)\nam A2003-49 s 22, s 23\nNo compensation if damages received\ns 184 (prev s 23) am Ord1962-10 s 3; Ord1983-69 s 15; A1991-105\nsch 3\nsub A1997-27 s 6\nam A2001-81 amdt 1.36\nrenum as s 184 R9 LA (see A2001-81 s 34)\nsub A2003-49 s 24\nam A2006-4 s 47\nDependants recovering damages and not claiming compensation\ns 185 (prev s 23A) ins A1991-105 s 18\nam A2001-81 amdt 1.36, amdt 1.37\nrenum as s 185 R9 LA (see A2001-81 s 34)\nam A2003-49 ss 25-27; A2025-29 amdt 3.376\n\nDischarge of liability out of payments into court\ns 186 (prev s 23B) ins A1991-105 s18\nrenum as s 186 R9 LA (see A2001-81 s 34)\nsub A2007-16 amdt 3.147\nLTCS scheme participants\npt 9.4 hdg ins A2016-25 amdt 1.14\nLTCS scheme participant—no damages etc for treatment, care and support\ns 186A ins A2016-25 amdt 1.14\nEffect of payments under LTCS Act on limitation period\ns 186B ins A2016-25 amdt 1.14\nInspection\nch 10 hdg (prev pt 5 hdg) ins A1991-105 s 18\nrenum as ch 10 hdg A2001-81 amdt 1.38\nDefinitions—ch 10\ns 187 hdg (prev s 23C hdg) am A2001-81 amdt 1.39\nrenum as s 187 hdg R9 LA (see A2001-81 s 34)\ns 187 (prev s 23C) ins A1991-105 s 18\nsub A2001-81 amdt 2.25\nam A2001-81 amdt 1.40\nrenum as s 187 R9 LA (see A2001-81 s 34)\nInspectors\ns 188 (prev s 23D) ins A1991-105 s 18\nsub A1994-97 sch pt 1; A2001-81 s 26\nrenum as s 188 R9 LA (see A2001-81 s 34)\nam A2002-49 amdt 3.259; A2009-49 amdt 3.218; A2011-22\namdt 1.497; A2020-30 s 86, s 100; A2025-30 s 26, amdt 1.8\nIdentity cards\ns 189 (prev s 23E) ins A1991-105 s 18\nsub A1994-97 sch pt 1\nsub A2001-81 s 26\nrenum as s 189 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.35, amdt 2.36\nsub A2006-4 s 48\nss (5)-(7) exp 1 July 2006 (s 189 (7) (LA s 88 declaration\napplies))\n\nProvision of information to inspectors\ns 190 (prev s 23F) ins A1991-105 s 18\nam A1997-27 sch 1; A1997-66 s 12; A1998-54 sch\nsub A2001-81 amdt 1.41\nrenum as s 190 R9 LA (see A2001-81 s 34)\nam A2003-32 s 9; A2003-49 s 28, amdt 2.37; A2006-4 s 49;\nA2009-56 ss 33-39; ss renum R44 LA; A2015-33 amdt 3.16;\npars renum R60 LA; A2020-30 s 101\nPowers of entry\ns 191 (prev s 23G) ins A1991-105 s 18\nam A1997-66 s 13; A1998-54 sch; A2001-81 amdt 2.26\nrenum as s 191 R9 LA (see A2001-81 s 34)\nam A2003-49 amdt 2.38; ss renum R18 LA (see A2003-49\namdt 2.39)\nsub A2016-8 s 5\nNotification of entry\ns 192 (prev s 23H) ins A1991-105 s 18\nrenum as s 192 R9 LA (see A2001-81 s 34)\nsub A2016-8 s 5\nGeneral powers on entry\ns 192A ins A2016-8 s 5\nPremises used for residential purposes\ns 192B ins A2016-8 s 5\nSearch warrants\ns 193 (prev s 23I) ins A1991-105 s 18\nam A2002-11 amdt 2.113\nrenum as s 193 R9 LA (see A2001-81 s 34)\nObstruction or hindrance of inspector\ns 194 (prev s 23J) ins A2001-81 s 27\nrenum as s 194 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 2.40\nom A2006-4 s 50\nProcedure for payment of compensation\nch 11 hdg (prev pt 6 hdg) ins A1991-105 s 18\nrenum as ch 11 hdg A2001-81 amdt 1.42\nConciliation and arbitration\ns 195 hdg sub A2002-22 amdt 1.24\nrenum as s 195 hdg R9 LA (see A2001-81 s 34)\ns 195 (prev s 24) am A1991-105 sch 3 and note about section\nheadings; A2001-81 amdt 1.43; A2002-22 amdt 1.25\nrenum as s 195 R9 LA (see A2001-81 s 34)\n\ns 196 (prev s 25A) ins A1991-105 s 19\nam A1997-96 sch 1; A2001-81 amdt 2.27\nrenum as s 196 R9 LA (see A2001-81 s 34)\nam A2006-4 s 51; A2020-30 s 98; A2025-29 amdt 3.377\nAppeals\ns 197 (prev s 26) am Ord1959-12 s 7; Ord1961-8 s 3; Ord1973-11\ns 3; Ord1984-76 s 9; Ord1985-67 sch pt 1; A1999-66 sch 3;\nA2001-81 amdt 2.28\nrenum as s 197 R9 LA (see A2001-81 s 34)\nam A2004-60 amdt 1.703; A2005-20 amdt 3.463\nNotification and review of decisions\nch 12 hdg orig ch 12 hdg\n(prev pt 6B hdg) ins A1997-66\nrenum as ch 12 hdg A2001-81 amdt 1.46\npres ch 12 hdg\n(prev ch 13 hdg) ins A2001-81 s 28\nsub A2002-22 amdt 1.26\nrenum as ch 12 hdg A2006-4 amdt 1.12\nDefinitions—ch 12\ns 198 orig s 198\n(prev s 26G) ins A1997-66 s 15\nam A2001-81 amdt 1.47\nrenum as s 198 R9 LA (see A2001-81 s 34)\ndef commissioner ins A1999-82 sch pt 2\ndef determined fee sub A2001-44 amdt 1.4378\ndef on-the-spot fine sub A2001-81 amdt 1.48\ndef Registrar om A1999-82 sch pt 2\ndef relevant period for payment am A1999-82 sch pt 2\npres s 198\n(prev s 26RA) ins A2001-81 s 28\nrenum as s 208 R9 LA (see A2001-81 s 34)\nrenum as s 198 A2006-4 amdt 1.13\ndef decision-maker ins A2009-56 s 40\ndef internally reviewable decision ins A2009-56 s 40\ndef internal reviewer ins A2009-56 s 40\ndef reviewable decision ins A2009-56 s 40\n\nApplication—ch 12\ns 199 orig s 199\n(prev s 26H) ins A1997-66 s 15\nam A1999-82 sch pt 2; A2001-44 amdt 1.4379, amdt 1.4380;\nA2001-81 amdt 1.49\nrenum as s 199 R9 LA (see A2001-81 s 34)\npres s 199\n(prev s 26RB) ins A2001-81 s 28\nrenum as s 209 R9 LA (see A2001-81 s 34)\nrenum as s 199 A2006-4 amdt 1.13\nNotice of reviewable decisions\ns 199A ins A2008-37 amdt 1.566\nsub A2009-56 s 40\nam A2011-22 amdt 1.497; A2020-30 s 100; A2025-29\namdt 4.197\nInternal review of certain decisions\ns 199B ins A2009-56 s 40\nApplications for internal review\ns 199C ins A2009-56 s 40\nInternal review\ns 199D ins A2009-56 s 40\nReview of decisions by ACAT\ns 199E ins A2009-56 s 40\nch 13 hdg orig ch 13 hdg\nrenum as ch 12 hdg\npres ch 13 hdg\n(prev pt 7 hdg) ins A1991-105 s 20\nrenum as ch 14 hdg A2001-81 amdt 1.50\nrenum as ch 13 hdg A2006-4 amdt 1.14\n\nSecrecy\ns 200 orig s 200\n(prev s 26J) ins A1997-66 s 15\nam A1999-82 sch pt 2; A2001-44 amdt 1.4381; A2001-81\namdt 1.49\nrenum as s 200 R9 LA (see A2001-81 s 34)\npres s 200\n(prev s 26RC) ins A2001-81 s 29\nrenum as s 210 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 2.41\nsub as s 200 A2006-4 s 54\nRecord keeping\ns 200A ins A2009-56 s 41\nam A2011-22 amdt 1.497; A2015-33 amdt 3.17; pars renum\nR60 LA; A2020-30 ss 100-102\nMedical referees\ns 201 hdg (prev s 211 hdg) bracketed note exp 1 July 2004 (s 3 (3))\ns 201 orig s 201\n(prev s 26K) ins A1997-66 s 15\nrenum as s 201 R9 LA (see A2001-81 s 34)\npres s 201\n(prev s 15) am Ord1969-13 s 2; A1991-105 sch 2 and sch 3\nsub A2001-81 s 18\nreloc as s 26RD A2001-81 amdt 1.16\nam A2002-22 amdt 1.27, amdt 1.28\nrenum as s 211 R9 LA (see A2001-81 s 34)\nrenum as s 201 A2006-4 amdt 1.15\nam A2007-16 amdts 3.148-3.150; A2020-30 s 102; A2025-30\ns 27, amdt 1.8; A2025-29 amdt 4.197\nCivil liability of executive officers\ns 201A ins A2009-56 s 42\ns 202 orig s 202\n(prev s 26L) ins A1997-66 s 15\nam A1999-82 sch pt 2; A2001-81 amdt 1.49\nrenum as s 202 R9 LA (see A2001-81 s 34)\n\npres s 202\n(prev s 26S) ins A1997-66 s 16\nrenum as s 212 R9 LA (see A2001-81 s 34)\nam A2003-49 s 29; ss renum R18 LA (see A2003-49 s 30)\n(4), (5) exp 1 July 2004 (s 212 (4))\nam A2006-4 amdt 1.16\nrenum as s 202 A2006-4 amdt 1.17\nam A2015-33 amdt 3.18; A2020-30 s 103, amdt 1.9\nCriminal liability of executive officers\ns 203 orig s 203\n(prev s 26M) ins A1997-66 s 15\nam A1999-82 sch pt 2\nrenum as s 203 R9 LA (see A2001-81 s 34)\npres s 203\n(prev s 26U) ins A2001-81 s 29\nam A2002-11 amdt 2.114\nrenum as s 214 R9 LA (see A2001-81 s 34)\nam A2002-51 amdt 1.60\nsub A2003-49 amdt 2.42\nam A2006-4 s 56, s 57\nrenum as s 203 A2006-4 s 58\nam A2009-56 s 43\nsub A2013-4 amdt 1.16\nam A2020-30 s 103; A2025-29 amdt 3.378\nCourt-directed publicity for offences\ns 204 (prev s 26N) ins A1997-66 s 15\nam A1999-82 sch pt 2\nrenum as s 204 R9 LA (see A2001-81 s 34)\nins A2006-4 s 53\nPublication by regulator of convictions etc\ns 205 hdg am A2011-22 amdt 1.497; A2020-30 s 100\ns 205 (prev s 26P) ins A1997-66 s 15\nam A2001-81 amdt 1.49\nrenum as s 205 R9 LA (see A2001-81 s 34)\nam A2006-23 amdt 1.311\nins A2006-4 s 53\nam A2011-22 amdt 1.497; A2015-33 amdt 1.265; A2020-30\ns 100\n\ns 206 orig s 206\n(prev s 26Q) ins A1997-66 s 15\nam A2001-81 amdt 1.49, amdt 2.29\nrenum as s 206 R9 LA (see A2001-81 s 34)\npres s 206\n(prev s 27A) ins A2001-81 s 29\nrenum as s 216 R9 LA (see A2001-81 s 34)\nrenum as s 206 A2006-4 amdt 1.18\nsub A2009-28 amdt 2.31\nam A2011-55 amdts 1.26-1.28; A2019-38 amdt 1.24\ns 207 orig s 207\n(prev s 26R) ins A1997-66 s 15\nam A1999-82 sch pt 2; A2001-81 amdt 1.49\nrenum as s 207 R9 LA (see A2001-81 s 34)\npres s 207\n(prev s 27B) ins A1991-105 s 20\nam A1994-60 sch 1; A1995-46 sch\nrenum as s 217 R9 LA (see A2001-81 s 34)\nrenum as s 207 A2006-4 amdt 1.18\nom A2006-40 amdt 2.212\ns 208 orig s 208\n(prev s 26RA) renum as s 198\npres s 208\n(prev s 27C) ins A2001-81 s 29\nrenum as s 218 R9 LA (see A2001-81 s 34)\nrenum as s 208 A2006-4 amdt 1.18\nReferences to Workers’ Compensation Act etc\ns 209 orig s 209\n(prev s 26RB) renum as s 199\npres s 209\nch 14 hdg renum as ch 13 hdg\n\nApportioning cost of administering workers compensation and safety\nlegislation\ns 210 orig s 210\nsub as s 200\npres s 210\nam A2011-22 amdt 1.494\nsub A2013-46 s 10\nam A2020-30 ss 87-91\nNotice of apportioned liability\ns 210A ins A2013-46 s 10\nam A2020-30 s 98, s 99, s 102, s 104\nAmounts for administering workers compensation and safety legislation\ns 211 hdg sub A2013-46 s 11\ns 211 orig s 211\n(prev s 15) renum as s 201\npres s 211\nam A2013-46 s 12\ns 212 renum as s 202\nFalse information etc\ns 213 (prev s 26T) ins A2001-81 s 29\nrenum as s 213 R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 2.42\nom A2006-4 s 55\nCriminal liability of executive officers\ns 214 renum as s 203\nCriminal liability of officers of corporation\ns 215 (prev s 27) ins A1991-105 s 20\nrenum as s 215 R9 LA (see A2001-81 s 34)\nom A2003-49 amdt 2.42\ns 216 renum as s 206\ns 217 renum as s 207\ns 218 renum as s 208\n\nReferences to Workers’ Compensation Act\ns 219 (prev s 27CA) ins A2001-81 s 29\nrenum as s 219 R9 LA (see A2001-81 s 34)\nom A2006-4 s 59\nFunds for administration of Act\ns 220 (prev s 27D) ins A1998-31 s 4\nam A2001-81 amdts 1.51-1.55; A2002-22 amdt 1.29\nrenum as s 220 R9 LA (see A2001-81 s 34)\nom A2006-4 s 59\nDetermination of fees\ns 221 (prev s 28) am Ord1952-4 s 10; Ord1967-44 sch 1;\nOrd1969-13 s 3; Ord1989-38 sch 1; A1991-105 s 21;\nA1994-68 s 7; A1998-54 sch\nsub A2001-44 amdt 1.4383\nrenum as s 221 R9 LA (see A2001-81 s 34)\nApproved forms\ns 222 (prev s 29) ins A2001-44 amdt 1.4383\nrenum as s 222 R9 LA (see A2001-81 s 34)\n(4)-(7) exp 12 September 2002 (s 222 (7))\nRegulation-making power\ns 223 (prev s 30) ins A2001-44 amdt 1.4383\nam A2001-81 s 30; A2002-22 amdt 1.30, amdt 1.31\nrenum as s 223 R9 LA (see A2001-81 s 34)\nam A2006-8 s 24; A2007-16 amdt 3.151; A2017-7 amdt 1.15;\nA2020-30 s 98, s 101, s 104; A2022-23 s 17, s 18; A2025-29\namdt 4.197\nTemporary provisions for acts of terrorism\nch 14A hdg renum as ch 15 hdg and then pt 8.3 hdg\nActs of terrorism\nch 15 hdg (prev ch 14A hdg) renum as ch 15 hdg and then pt 8.3 hdg\nApplication of ch 15 to insurers\ns 224 (prev s 30A) renum as s 224 and then s 179A\nDefinitions—ch 15\ns 225 (prev s 30B) renum as s 225 and then s 179B\nMeaning of act of terrorism for ch 15\ns 226 (prev s 30C) renum as s 226 and then s 179C\ns 227 (prev s 30D) renum as s 227 and then s 179D\n\ns 228 (prev s 30E) renum as s 228 and then s 179E\ns 229 (prev s 30F) renum as s 229 and then s 179F\ns 230 (prev s 30G) renum as s 230 and then s 179G\ns 231 (prev s 30H) renum as s 231 and then s 179H\nReview of payments out of temporary fund\ns 232 (prev s 30I) renum as s 232 and then s 179I\nTransitional—Workers Compensation Amendment Act 2001\nch 16 hdg (prev ch 15 hdg) ins A2001-81 s 32\nrenum as ch 16 hdg R9 LA (see A2001-81 s 34)\nsub A2003-49 amdt 1.10\nDefinitions for ch 16\ns 233 (prev s 32) ins A2001-81 s 32\nrenum as s 233 R9 LA (see A2001-81 s 34)\nWhat injuries does this Act apply to?\ns 234 (prev s 33) ins A2001-81 s 32\nrenum as s 234 R9 LA (see A2001-81 s 34)\nWhat happens to injuries before the commencement of the amendment Act?\ns 235 (prev s 34) ins A2001-81 s 32\nrenum as s 235 R9 LA (see A2001-81 s 34)\nDetermined categories of workers\ns 236 (prev s 35) ins A2001-81 s 32\nrenum as s 236 R9 LA (see A2001-81 s 34)\nApproved insurers\ns 237 (prev s 36) ins A2001-81 s 32\nsub A2002-22 amdt 1.32\nrenum as s 237 R9 LA (see A2001-81 s 34)\nExempt employers\ns 238 (prev s 37) ins A2001-81 s 32\nsub A2002-22 amdt 1.32\nrenum as s 238 R9 LA (see A2001-81 s 34)\n\nPrescribed insurance policies\ns 239 (prev s 37A) ins A2002-22 amdt 1.32\nrenum as s 239 R9 LA (see A2001-81 s 34)\nApproved rehabilitation providers\ns 240 (prev s 37B) ins A2002-22 amdt 1.32\nrenum as s 240 R9 LA (see A2001-81 s 34)\nWork experience students\ns 240A ins as mod SL2002-20 sch 4 (as am by SL2002-29 s 15)\nChildren and Young People Act and compensation\ns 241 (prev s 37C) ins A2002-22 amdt 1.32\nrenum as s 241 R9 LA (see A2001-81 s 34)\nPeriodic Detention Act and compensation\ns 242 (prev s 37D) ins A2002-22 amdt 1.32\nrenum as s 242 R9 LA (see A2001-81 s 34)\nRemand Centres Act and compensation\ns 243 (prev s 37E) ins A2002-22 amdt 1.32\nrenum as s 243 R9 LA (see A2001-81 s 34)\nSupervision of Offenders (Community Service Orders) Act and\ns 244 (prev s 37F) ins A2002-22 amdt 1.32\nrenum as s 244 R9 LA (see A2001-81 s 34)\nModification of ch 16’s operation\ns 245 (prev s 38) ins A2001-81 s 32\nrenum as s 245 R9 LA (see A2001-81 s 34)\nApplication of Criminal Code—Workers Compensation Amendment Act 2003\ns 245A ins A2003-32 s 7\nAuditors’ certificates—Workers Compensation Amendment Act 2003\ns 245B ins A2003-32 s 7\nExpiry of ch 16\ns 246 (prev s 39) ins A2001-81 s 32\nrenum as s 246 R9 LA (see A2001-81 s 34)\n\nTransitional—Workers Compensation Amendment Act 2003 (No 2)\nch 17 hdg orig ch 17 hdg\nrenum as ch 18 hdg\nprev ch 17 hdg\nexp 3 June 2006 (s 249)\nDefinitions—ch 17\ns 247 orig s 247\nrenum as s 250\nprev s 247\ndef cross-border scheme commencement day ins\nA2003-49 amdt 1.11\ndef cross-border scheme provisions ins A2003-49\namdt 1.11\ns 247 exp 3 June 2006 (s 249 (LA s 88 declaration applies))\nApplication of cross-border scheme provisions\ns 248 orig s 248\nrenum as s 251\nprev s 248\nexp 3 June 2006 (s 249 (LA s 88 declaration applies))\nExpiry—ch 17\ns 249 orig s 249\nrenum as s 252\nprev s 249\nexp 3 June 2006 (s 249)\nModification of Act\nch 18 hdg (prev ch 17 hdg) ins A2004-39 amdt 1.43\nrenum as ch 18 hdg R21 LA\nApplication—ch 18\ns 250 orig s 250\nrenum as s 253\npres s 250\n(prev s 247) ins A2004-39 amdt 1.43\nrenum as s 250 R21 LA\n\nDictionary, definition of chiropractor\ns 251 orig s 251\nrenum as s 254\nprev s 251\n(prev s 248) ins A2004-39 amdt 1.43\nrenum as s 251 R21 LA\nDictionary, definition of osteopath\ns 252 (prev s 249) ins A2004-39 amdt 1.43\nrenum as s 252 R21 LA\nDictionary, definition of physiotherapist\ns 253 (prev s 250) ins A2004-39 amdt 1.43\nrenum as s 253 R21 LA\nExpiry—ch 18\ns 254 (prev s 251) ins A2004-39 amdt 1.43\nrenum as s 254 R21 LA\nTransitional—Workers Compensation Amendment Act 2006\nch 19 hdg ins A2006-4 s 61\nDefinitions—ch 19\ns 255 ins A2006-4 s 61\ndef commencement day ins A2006-4 s 61\ndef nominal insurer ins A2006-4 s 61\ndef WCSF Act ins A2006-4 s 61\ndef workers compensation supplementation fund ins\nA2006-4 s 61\nTransfer of nominal insurer’s assets and liabilities\ns 256 ins A2006-4 s 61\nAmounts in workers compensation supplementation fund\ns 257 ins A2006-4 s 61\nAmounts to be paid\ns 258 ins A2006-4 s 61\nProceedings and evidence in relation to previous entities\ns 259 ins A2006-4 s 61\n\nClaims made against nominal insurer\ns 260 ins A2006-4 s 61\nClaims made under WCSF Act before commencement day\ns 261 ins A2006-4 s 61\nClaims for weekly payments\ns 262 ins A2006-4 s 61\nTransitional regulations\ns 263 ins A2006-4 s 61\nExpiry—ch 19\ns 264 ins A2006-4 s 61\nTransitional—Workers Compensation Amendment Act 2020\nch 20 hdg ins A2020-6 s 13\nMeaning of amendment Act—ch 20\ns 265 ins A2020-6 s 13\nEffect of Workers Compensation (Family Day Care and In-Home Care)\nDeclaration 2006 (No 1)\ns 266 ins A2020-6 s 13\nEffect of Workers Compensation (Family Day Care and In-Home Care)\nDeclaration 2018 (No 1)\ns 267 ins A2020-6 s 13\nExpiry—ch 20\ns 268 ins A2020-6 s 13\nTransitional—Employment and Workplace Safety Legislation Amendment\nAct 2020\nch 21 hdg ins A2020-30 s 92\n\nMeaning of commencement day\ns 269 ins A2020-30 s 92\nApproved insurers\ns 270 ins A2020-30 s 92\ns 271 ins A2020-30 s 92\nTransitional regulations\ns 272 ins A2020-30 s 92\nExpiry—ch 21\ns 273 ins A2020-30 s 92\nTransitional—Workplace Legislation Amendment Act 2025 (No 3)\nch 22 hdg ins A2025-30 s 28\nApplication of pt 4.9\ns 274 ins A2025-30 s 28\nExpiry—ch 22\ns 275 ins A2025-30 s 28\nCompensation for permanent injuries\nsch 1 hdg am A1991-105 sch 4\nsub A2001-81 s 33\nsch 1 am Ord1952-4 s 11; Ord1954-12 s 5; Ord1959-12 s 8;\nOrd1959-20 s 4; Ord1961-8 s 4; Ord1965-6 s 6; Ord1967-44\nsch 1; Ord1968-19 s 3 and sch 1; Ord1969-7 sch;\nOrd1970-26 sch; Ord1971-15 sch; Ord1972-35 s 2;\nOrd1972-38 sch; Ord1973-11 s 4; Ord1974-34 sch;\nOrd1975-11 sch; Ord1983-69 s 17; Ord1985-9 sch 2;\nOrd1987-10 s 6; A1991-44 s 7 and sch 1; A1991-105 sch 1,\nsch 2 and sch 4; A1993-19 s 5; A1994-68 s 8; A1997-66 s 17\nsub A2001-81 s 33\nam A2002-49 amdt 1.12; A2016-27 s 20; A2025-18 s 10\n\nAdjacent areas for States and Territories\nsch 2 hdg am A1991-105 s 24\nsub A2007-16 amdt 3.152\nsch 2 sub Ord1952-4 s 12; Ord1954-12 s 6; Ord1959-20 s 5;\nOrd1965-6 s 7; Ord1967-44 s 4; Ord1968-19 sch 2\nam A1991-105 s 24 and sch 2; A1997-66 s 18\nins A2003-49 amdt 1.12\nss renum R28 LA\nam A2025-29 amdts 3.379-3.384\nDI fund advisory committee\nsch 3 hdg am A1991-105 sch 5\nsch 3 am Ord1952-4 s 13; Ord1967-44 sch 1; Ord1969-18 s 12;\nOrd1987-24 s 6; Ord1989-38 sch 1; A1991-105 sch 2 and\nsch 5; A1997-27 sch 2; A1997-66 s 19\nins A2006-4 s 62\nam A2008-28 amdt 3.175; A2009-56 s 44, s 45; A2010-12\nss 7-9, s 11, s 13; A2010-12 ss 4-6, s 10, s 12; A2011-22\namdt 1.497; A2020-30 s 100; A2022-4 amdts 1.79-1.81;\nA2023-11 amdt 1.3\nRules relating to arbitrations under this Act\nsch 4 hdg am A1991-105 sch 6\nsch 4 am Ord1961-8 s 5; Ord1983-69 s 18; Ord1986-84 s 61;\nA1991-44 s 7 and sch 1; A1991-105 s 23, sch 2 and sch 6\nam A1997-96 sch 1; A2001-44 amdt 1.4385, amdt 1.4386\ndict ins A2001-81 s 33\nam A2006-4 s 63; A2008-37 amdt 1.567; A2011-22\namdt 1.495, amdt 1.496; A2013-44 amdt 3.211; A2015-33\namdt 1.266; A2016-8 s 6; A2017-4 amdt 3.216;\nA2019-38 amdt 1.25, amdt 1.26\ndef ABS ins A2001-81 s 33\nom A2003-41 amdt 3.520\ndef act of terrorism ins A2012-8 s 12\ndef annual premium ins A2016-8 s 7\ndef approved insurer ins A2001-81 s 33\nom A2020-30 s 93\ndef approved rehabilitation provider ins A2001-81 s 33\nsub A2003-49 amdt 2.43\ndef asbestos-related disease ins A2016-27 s 21\ndef assessed treatment and care needs ins A2016-25\namdt 1.15\ndef auditor ins A2006-4 s 64\nam A2011-27 amdt 1.17\n\ndef average pre-incapacity weekly earnings ins A2001-81\ns 33\ndef average pre-incapacity weekly hours ins A2001-81 s 33\ndef AWE ins A2001-81 s 33\nsub A2003-41 amdt 3.521\nam A2013-44 amdt 3.212; A2014-17 amdt 1.107\ndef awe indexed ins A2001-81 s 33\nsub A2013-44 amdt 3.213\ndef boilermakers deafness ins A2001-81 s 33\ndef chair ins A2006-4 s 64\ndef child ins A2001-81 s 33\nsub A2004-2 amdt 1.61\ndef chiropractor reloc from s 6 (1) A2001-81 amdt 1.5\nam A2004-39 amdt 1.44\nsub A2010-10 amdt 2.128\ndef claim for payment ins A2006-4 s 64\ndef claims manager ins A2006-4 s 64\ndef committee ins A2002-22 amdt 1.33\nom A2007-16 amdt 3.153\ndef committee ins A2006-4 s 64\nsub A2007-16 amdt 3.153\ndef compensable injury ins A2001-81 s 33\ndef compensation ins A2001-81 s 33\ndef compensation for costs ins A2001-81 s 33\ndef compulsory insurance policy ins A2001-81 s 33\ndef connected ins A2007-16 amdt 3.154\ndef continental shelf ins A2007-16 amdt 3.154\ndef CPI ins A2011-52 amdt 3.200\ndef cpi indexed ins A2001-81 s 33\nsub A2013-44 amdt 3.214\ndef damages ins A2003-49 amdt 1.13\ndef damages claim ins A2003-49 amdt 1.13\ndef decision-maker ins A2009-56 s 46\ndef deductible proportion ins A2001-81 s 33\ndef defined offence reloc from s 6 (1) A2001-81 amdt 1.5\nom A2002-11 amdt 2.115\ndef dependant ins A2001-81 s 33\ndef determined categories ins A2001-81 s 33\ndef DI fund ins A2006-4 s 64\ndef DI fund actuary ins A2006-4 s 64\ndef DI fund advisory committee ins A2006-4 s 64\ndef DI fund manager ins A2006-4 s 64\ndef disease reloc from s 6 (1) A2001-81 amdt 1.5\ndef domestic partner ins A2004-2 amdt 1.62\ndef earned premium ins A2006-4 s 64\n\ndef employer ins A2001-81 s 33\nam R7 LA; A2003-49 amdt 1.14\nsub A2007-16 amdt 3.155\ndef employment ins A2003-49 amdt 1.15\ndef excluded treatment and care ins A2016-25 amdt 1.15\ndef executive officer ins A2001-81 s 33\ndef full-time student ins A2001-81 s 33\ndef given ins A2001-81 s 33\nsub A2002-22 amdt 1.34\ndef gross written premiums ins A2013-46 s 13\nsub A2020-30 s 94\ndef imminently fatal asbestos-related disease ins A2016-27\ns 21\ndef incapacity date ins A2001-81 s 33\nom A2006-4 s 65\ndef initial incapacity date ins A2006-4 s 66\nam A2025-29 amdt 3.385\ndef initial loss ins A2001-81 s 33\ndef injured worker ins A2001-81 s 33\nsub A2002-22 amdt 1.35; A2007-16 amdt 3.156\ndef injury ins A2001-81 s 33\nam A2003-49 amdt 1.16\nsub A2007-16 amdt 3.157\ndef injury management ins A2001-81 s 33\ndef injury management program ins A2001-81 s 33\ndef injury notice ins A2001-81 s 33\ndef insurer ins A2001-81 s 33\nsub A2002-22 amdt 1.36; A2006-4 s 67\nam A2007-16 amdt 3.158\nsub A2012-8 s 13\ndef inspector reloc from s 6 (1) A2001-81 amdt 1.5\nom R13 LA\nins A2002-49 amdt 3.260\nsub A2025-30 s 29\ndef insurance service ins A2020-30 s 95\ndef insurer licence ins A2020-30 s 95\ndef internally reviewable decision ins A2009-56 s 46\ndef internal reviewer ins A2009-56 s 46\ndef licence ins A2020-30 s 95\ndef licensed insurer ins A2020-30 s 95\ndef licensed self-insurer ins A2020-30 s 95\ndef licensee ins A2020-30 s 95\ndef liquidator ins A2006-4 s 68\ndef loss ins A2001-81 s 33\n\ndef LTCS Act ins A2016-25 amdt 1.15\ndef LTCS commissioner ins A2016-25 amdt 1.15\ndef LTCS scheme ins A2016-25 amdt 1.15\ndef lump sum claim ins A2003-49 s 31\ndef managing controller ins A2006-4 s 68\ndef maximum loss amount ins A2001-81 s 33\ndef medical referee ins A2001-81 s 33\nsub A2006-4 amdt 1.20\ndef medical treatment ins A2001-81 s 33\ndef member ins A2006-4 s 68\ndef member of the family reloc from s 6 (1)\nA2001-81 amdt 1.5\nam A2004-2 amdt 1.63, amdt 1.64\ndef nominal insurer reloc from s 6 (1) A2001-81 amdt 1.5\nom A2006-4 s 69\ndef nominated treating doctor ins A2001-81 s 33\ndef non-business employer ins A2001-81 s 33\ndef notional gross written premium ins A2013-46 s 13\ndef occupier ins A2007-16 amdt 3.159\ndef offence ins A2007-16 amdt 3.159\ndef official manager ins A2006-4 s 70\ndef Offshore Petroleum Act ins A2025-29 amdt 3.386\ndef osteopath reloc from s 6 (1) A2001-81 amdt 1.5\nam A2004-39 amdt 1.45\nsub A2010-10 amdt 2.129\ndef partially incapacitated ins A2001-81 s 33\ndef participant ins A2016-25 amdt 1.15\ndef payment ins A2001-81 s 33\ndef pension age ins A2001-81 s 33\nom A2006-8 s 25\nins A2025-29 amdt 3.387\ndef personal injury plan ins A2001-81 s 33\nsub A2007-16 amdt 3.160\ndef Petroleum (Submerged Lands) Act ins A2007-16\namdt 3.161\nom A2025-29 amdt 3.388\ndef physiotherapist reloc from s 6 (1) A2001-81 amdt 1.5\nam A2004-39 amdt 1.46\nsub A2010-10 amdt 2.130\ndef premises ins A2007-16 amdt 3.162\ndef prescribed employer ins A2025-27 s 15\ndef prescribed worker ins A2025-27 s 15\ndef professional sporting activity reloc from s 6 (1)\nA2001-81 amdt 1.5\ndef protocol ins A2001-81 s 33\nsub A2007-16 amdt 3.163\n\ndef receiver and manager ins A2006-4 s 70\ndef recognised auditor ins A2003-32 s 8\nam A2003-49 s 32; A2004-42 amdt 3.122\nsub A2006-4 s 71; A2009-56 s 47\ndef registered agreement ins A2001-81 s 33\ndef registered auditor ins A2001-81 s 33\nom A2011-52 amdt 3.201\ndef regulator ins A2020-30 s 95\ndef regulator condition ins A2020-30 s 95\ndef regulatory action ins A2020-30 s 95\ndef rehabilitation services ins A2006-8 s 26\ndef return-to-work coordinator ins A2016-8 s 7\ndef return-to-work program ins A2001-81 s 33\ndef reviewable decision ins A2001-81 s 33\nsub A2006-4 amdt 1.21\nam A2008-37 amdt 1.568\nsub A2009-56 s 47\ndef rules ins A2001-81 s 33\nom A2006-4 s 72\ndef Seas and Submerged Lands Act ins A2007-16\namdt 3.164\ndef self-insurer ins A2001-81 s 33\nsub A2006-4 amdt 1.22\nom A2020-30 s 96\ndef self-insurer licence ins A2020-30 s 97\ndef single loss amount ins A2001-81 s 33\ndef speech therapist reloc from s 6 (1) A2001-81 amdt 1.5\ndef spouse reloc from s 6 (1) A2001-81 amdt 1.5\nom A2004-2 amdt 1.65\ndef statutory floor ins A2001-81 s 33\nsub A2011-28 amdt 3.230\ndef substantial ins A2001-81 s 33\ndef substantive law ins A2003-49 amdt 1.17\ndef temporary fund ins A2012-8 s 14\ndef temporary fund threshold amount ins A2012-8 s 14\ndef territorial sea ins A2007-16 amdt 3.164\ndef Territory or State of connection ins A2003-49 amdt 1.17\ndef territory worker ins A2001-81 s 33\nsub A2003-49 amdt 1.17\n\ndef therapeutic treatment reloc from s 6 (1) A2001-81\namdt 1.5\ndef totally incapacitated ins A2001-81 s 33\ndef total wages ins A2009-56 s 48\ndef treatment and care needs ins A2016-25 amdt 1.15\ndef vocational rehabilitation ins A2001-81 s 33\ndef weekly compensation ins A2001-81 s 33\nsub A2006-4 s 73\nam A2025-29 amdt 3.389\ndef worker ins A2001-81 s 33\nsub A2003-49 amdt 1.18; A2007-16 amdt 3.165\ndef workers compensation and safety legislation ins\nA2013-46 s 13\ndef workers compensation law ins A2003-49 amdt 1.18\ndef work injury ins A2016-25 amdt 1.15\ndef workplace injury ins A2001-81 s 33\nsub A2002-22 amdt 1.37; A2013-44 amdt 3.215\ndef work-related injury ins A2003-49 amdt 1.18\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n31 Mar 1992\n22 Jan 1992–\n8 Mar 1993\nA1991-105 initial republication\nsince self-\ngovernment\nR1 (RI)\n22 Jan 1992–\n8 Mar 1993\nA1991-105 reissue of printed\n31 Jan 1994\n9 Mar 1993–\n13 Nov 1994\nA1993-19 amendments by\nA1993-19\nR2 (RI)\n9 Mar 1993–\n13 Nov 1994\nA1993-19 reissue of printed\nR2A\n14 Nov 1994–\n24 Nov 1994\nA1994-68 amendments by\nA1994-60\nR2B\n25 Nov 1994–\n14 Dec 1994\nA1994-68 amendments by\nA1994-68\nR2C\n15 Dec 1994–\n31 Dec 1994\nA1994-97 amendments by\nA1994-97\n1 Jan 1995\n1 Jan 1995–\n17 Dec 1995\nA1994-97 amendments by\nA1994-68\nR3 (RI)\n1 Jan 1995–\n17 Dec 1995\nA1994-97 reissue of printed\nR3A\n20 Dec 1995–\n30 Apr 1996\nA1995-52 amendments by\nA1995-46 and\nA1995-52\n31 Mar 1997\n31 Mar 1997–\n16 Dec 1997\nA1996-13 amendments by\nA1996-13\n\nfor\nR4 (RI)\n31 Mar 1997–\n16 Dec 1997\nA1996-13 reissue of printed\n31 Jan 1998\n31 Jan 1998–\nA1997-96 amendments by\nA1997-27 and\nA1997-66\nR5 (RI)\n31 Jan 1998–\nA1997-96 reissue of printed\nR5A\n1 June 1998–\n10 Sept 1998\nA1997-96 amendments by\nA1997-96\nR5B\n11 Sept 1998–\n8 Dec 1998\nA1998-31 amendments by\nA1998-31\n31 Dec 1998\n31 Dec 1998–\n9 Nov 1999\nA1998-54 amendments by\nA1998-54\nR6 (RI)\n31 Dec 1998–\n9 Nov 1999\nA1998-54 reissue of printed\nR6A\n10 Nov 1999–\n22 Dec 1999\nA1999-66 amendments by\nA1999-66\nR6B\n23 Dec 1999–\nA1999-85 amendments by\nA1999-85\nR6C\n23 June 2000–\n20 Dec 2000\nA1999-85 amendments by\nA1999-82 and\nA1999-85\nR6D\n21 Dec 2000–\n11 Sept 2001\nA2000-80 amendments by\nA2000-74 and\nA2000-80\n9 Nov 2001\n9 Nov 2001–\nA2001-81 amendments by\nA2001-44 and\nA2001-81\n28 May 2002–\nA2002-11 uncommenced\namendments by\nA2002-11\n1 July 2002–\nA2002-22 amendments by\nA2001-81,\nA2002-11 and\nA2002-22\n\nfor\n2 July 2002–\n12 Sept 2002\nA2002-22 commenced expiry\n13 Sept 2002\n13 Sept 2002–\n25 Oct 2002\nA2002-22 commenced expiry\n29 Oct 2002\n26 Oct 2002–\n31 Dec 2002\nA2002-22 modification by\nSL2002-29\n1 Jan 2003\n1 Jan 2003–\n16 Jan 2003\nA2002-51\nR14*\n17 Jan 2003\n17 Jan 2003–\nA2002-49\nR14 (RI)\n17 Jan 2003–\nA2002-49\nR15 (RI)\n1 July 2003–\n8 Oct 2003\nA2003-32 amendments by\nA2003-32\nR16 (RI)\n9 Oct 2003–\n21 Mar 2004\nA2003-41 amendments by\nA2003-41\nR17 (RI)\n22 Mar 2004–\n4 Apr 2004\nA2004-2 amendments by\nA2004-2\nR18 (RI)\n5 Apr 2004–\nA2004-2 amendments by\nA2003-49\nR19 (RI)\n3 June 2004–\nA2004-17 amendments by\nA2003-49\n\nfor\nR20 (RI)\n2 July 2004–\n24 Aug 2004\nA2004-17 commenced expiry\nR21 (RI)\n28 Oct 2004\n25 Aug 2004–\n31 Dec 2004\nA2004-42 amendments by\nA2004-42\n1 Jan 2005\n1 Jan 2005–\n9 Jan 2005\nA2004-42 amendments by\nA2004-17\n10 Jan 2005\n10 Jan 2005–\n13 Apr 2005\nA2004-60 amendments by\nA2004-60\n14 Apr 2005\n14 Apr 2005–\nA2005-16 amendments by\nA2005-16\nR25*\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n7 July 2005–\n31 Dec 2005\nA2005-20 amendments by\nA2004-39\n1 Jan 2006\n1 Jan 2006–\nA2005-20 commenced expiry\nR28 (RI)\n2 June 2006–\nA2006-23\nR29 (RI)\n4 June 2006–\nA2006-23 commenced expiry\nR30 (RI)\n1 July 2006–\nA2006-4 and\nA2006-8\nR31 (RI)\n2 July 2006–\n31 Dec 2006\nA2006-23 commenced expiry\nR32*\n1 Jan 2007\n1 Jan 2007–\nA2006-40 amendments by\nA2006-40\n\nfor\nR32 (RI)\n1 Jan 2007–\nA2006-40\nR33 (RI)\n1 July 2007–\nA2007-16 amendments by\nA2007-16\n2 July 2008–\n13 Aug 2008\nA2007-16 commenced expiry\n14 Aug 2008\n14 Aug 2008–\n25 Aug 2008\nA2008-30 amendments by\nA2008-30\n26 Aug 2008\n26 Aug 2008–\n9 Jan 2009\nA2008-30 amendments by\nA2008-28\n10 Jan 2009\n10 Jan 2009–\n1 Feb 2009\nA2008-37 commenced expiry\nR38*\n2 Feb 2009\n2 Feb 2009–\n7 Apr 2009\nA2008-37 amendments by\nA2008-37\n8 Apr 2009\n8 Apr 2009–\nA2009-9 amendments by\nA2009-9\n2 July 2009–\n2 Sept 2009\nA2009-9 commenced expiry\n3 Sept 2009\n3 Sept 2009–\n30 Sept 2009\nA2009-23 amendments by\nA2009-23\n1 Oct 2009\n1 Oct 2009–\n21 Oct 2009\nA2009-28 amendments by\nA2009-28\n22 Oct 2009\n22 Oct 2009–\n16 Dec 2009\nA2009-38 amendments by\nA2009-38\n17 Dec 2009\n17 Dec 2009–\n30 Mar 2010\nA2009-56 amendments by\nA2009-49 and\nA2009-56\n31 Mar 2010\n31 Mar 2010–\nA2010-12\n\nfor\n1 July 2010–\nA2009-56 and\nA2010-10\n10 July 2010–\n29 Sept 2010\nA2009-38\n30 Sept 2010\n30 Sept 2010–\n30 Nov 2010\nA2010-12\n1 Dec 2010\n1 Dec 2010–\nA2010-47 amendments by\nA2010-47\n1 July 2011–\n12 Sept 2011\nA2011-22 amendments by\nA2011-22\n13 Sept 2011\n13 Sept 2011–\n20 Sept 2011\nA2011-27 amendments by\nA2011-27\nR52*\n21 Sept 2011\n21 Sept 2011–\n11 Dec 2011\nA2011-28 amendments by\nA2011-28\n12 Dec 2011\n12 Dec 2011–\n31 Dec 2011\nA2011-52 amendments by\nA2011-52\n1 Jan 2012\n1 Jan 2012–\n28 Mar 2012\nA2011-55 amendments by\nA2011-55\n29 Mar 2012\n29 Mar 2012–\n21 Feb 2013\nA2012-8 amendments by\nA2012-8\nR56*\n22 Feb 2013\n22 Feb 2013–\n12 Nov 2013\nA2013-4 amendments by\nA2013-4\n13 Nov 2013\n13 Nov 2013–\n24 Nov 2013\nA2013-46 amendments by\nA2013-46\n25 Nov 2013\n25 Nov 2013-\n5 Nov 2014\nA2013-46 amendments by\nA2013-44\nR58 (RI)\n25 Nov 2013-\n5 Nov 2014\nA2013-46 reissue for\nretrospective\namendments by\nA2014-17\n6 Nov 2015\n6 Nov 2015-\n13 Oct 2015\nA2014-46 amendments by\nA2014-46\n\nfor\n14 Oct 2015\n14 Oct 2015-\n29 Feb 2016\nA2015-33 amendments by\nA2015-33\n1 Mar 2016\n1 Mar 2016-\n31 Mar 2016\nA2016-8 amendments by\nA2016-8\n1 Apr 2016\n1 Apr 2016-\n26 Apr 2016\nA2016-13 amendments by\nA2016-13\n27 Apr 2016\n27 Apr 2016-\nA2016-18 amendments by\nA2016-18\n13 May 2016-\nA2016-25 amendments by\nA2016-25\n20 May 2016-\nA2016-25 updated endnotes\nfor CN2016-9\n31 May 2016-\nA2016-25 amendments by\nA2016-8\n22 June 2016-\nA2016-35 amendments by\nA2016-35\n1 Aug 2016\n1 Aug 2016-\n31 Aug 2016\nA2016-35 amendments by\nA2015-47\n1 Sept 2016\n1 Sept 2016-\n8 Mar 2017\nA2016-52 amendments by\nA2016-52\n9 Mar 2017\n9 Mar 2017-\nA2017-4 amendments by\nA2017-4\n1 July 2017–\n12 Dec 2017\nA2017-7 amendments by\nA2016-27 and\nA2017-7\nR71 (RI)\n1 July 2017–\n12 Dec 2017\nA2017-49 reissued for\nretrospective\namendments made\nby\nA2017-49\n13 Dec 2017\n13 Dec 2017–\nA2017-49 amendments by\nA2017-49\n24 May 2018–\n21 Nov 2018\nA2018-19 amendments by\nA2018-19\n\nfor\n22 Nov 2018\n22 Nov 2018–\n27 Feb 2020\nA2018-42 amendments by\nA2018-42\n28 Feb 2020\n28 Feb 2020–\n28 Feb 2020\nA2020-6 amendments by\nA2020-6\n29 Feb 2020\n29 Feb 2020–\n29 Apr 2020\nA2020-6 republication for\nexpiry of\ntransitional\nprovisions (ch 20)\n30 Apr 2020\n30 Apr 2020–\n8 Jan 2021\nA2020-6 amendments by\nA2019-38\n9 Jan 2021\n9 Jan 2021–\nA2020-42 amendments by\nA2020-30 and\nA2020-42\n23 June 2021–\n5 Apr 2022\nA2021-12 amendments by\nA2021-12\n6 Apr 2022\n6 Apr 2022–\n8 Jan 2023\nA2022-4 amendments by\nA2022-4\n9 Jan 2023\n9 Jan 2023–\n9 Jan 2023\nA2022-23 amendments by\nA2022-23\n10 Jan 2023\n10 Jan 2023–\n11 Apr 2023\nA2022-23 expiry of\ntransitional\nprovisions (ch 21)\n12 Apr 2023\n12 Apr 2023–\nA2023-11 amendments by\nA2023-11\n9 June 2023–\nA2023-11 amendments by\nA2022-23\n3 July 2025–\n3 Oct 2025\nA2025-18 amendments by\nA2025-18\n4 Oct 2025\n4 Oct 2025–\n12 Nov 2025\nA2025-27 amendments by\nA2025-27\n13 Nov 2025\n13 Nov 2025–\n25 Nov 2025\nA2025-30 amendments by\nA2025-30\n\nRenumbered provisions 6\n6 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001 in R9 (see Act 2001\nNo 81). Details of renumbered provisions are shown in endnote 4 (Amendment\nhistory). For a table showing the renumbered provisions, see R12.\n7 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":364}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1064},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive workers compensation scheme. The 2025 amendments (A2025-29, A2025-30) appear to be technical updates and republication amendments rather than substantive scope expansion. The inclusion of modern elements like the LTCS scheme interaction, terrorism cover, and prescribed employer provisions are natural evolutions within the existing framework."},"complexity_factors":["Extensive cross-referencing between chapters (e.g., compensation calculations in Part 4.3 reference definitions in Part 4.1 and interact with Chapter 5 injury management)","Multiple nested definitions and conditional tests for 'worker' status (Chapter 3 has 12+ specific categories with overlapping conditions)","Complex tiered compensation formulas with multiple variables (CPI-indexed amounts, AWE-indexed amounts, statutory floors/ceilings, age-based cutoffs at pension age)","Extensive interaction with external legislation (LTCS Act, Fair Work Act, Corporations Act, Criminal Code, Social Security Act, Taxation Administration Act)","Detailed procedural requirements with strict time limits (28-day claim response, 48-hour injury notice, 7-day document forwarding)","Multiple exception and exclusion clauses (e.g., s 82: no compensation for self-inflicted injury or serious misconduct; s 64: no hearing loss compensation under 6%)","Sophisticated insurance regulatory framework with licensing conditions, regulatory action procedures, and DI Fund mechanics","Jurisdictional complexity in Part 4.2A (employment connection tests for interstate/mobile workers with multi-factor tests)"],"plain_english_summary":"**What this law does:**\n\nThis is the ACT's **Workers Compensation Act 1951** — the main law that requires employers to pay compensation to workers who are injured or killed because of their job.\n\n**Who it affects:**\n- **Workers** — anyone injured at work, including employees, contractors, trainees, volunteers in some cases, and even some family day care educators and religious workers\n- **Employers** — must have compulsory insurance (or be licensed to self-insure) to cover compensation payments\n- **Insurers** — licensed companies that provide this compulsory insurance\n\n**Key things the law covers:**\n\n**1. Who counts as a \"worker\" (Chapter 3)**\nThe law casts a wide net. You're generally a worker if you work under a contract of service, but it also specifically includes:\n- Regular contractors and casuals working systematically\n- Labour hire workers\n- Trainees and work experience participants\n- Outworkers (people working from home)\n- Timber contractors\n- Family day care educators\n- Religious workers (if declared)\n- Some volunteers (commercial volunteers and public interest volunteers)\n\n**2. What compensation you can get (Chapter 4)**\n- **Weekly payments** — if you can't work (totally or partially incapacitated), you get a percentage of your pre-injury earnings. For the first 26 weeks, this is 100% of earnings; after that, it scales down based on your capacity to work, with floors and ceilings tied to national minimum wage and average weekly earnings\n- **Permanent injury payments** — lump sums for permanent loss of body parts or function (scheduled amounts, e.g., $100,000 base amount indexed for inflation)\n- **Medical treatment** — reasonable costs covered\n- **Death benefits** — lump sum (~$539,000) plus weekly payments for dependent children and funeral expenses\n\n**3. Injury management and return to work (Chapter 5)**\nEmployers and insurers must actively help injured workers recover and return to work through \"personal injury plans.\" Large employers must appoint return-to-work coordinators. Workers who unreasonably refuse to participate can have payments suspended.\n\n**4. Insurance requirements (Chapter 8)**\n- Employers **must** have compulsory workers compensation insurance (or be licensed self-insurers)\n- The **Default Insurance Fund (DI Fund)** acts as a backstop — paying claims when employers are uninsured or insurers collapse\n- Licensed insurers and self-insurers must contribute to the DI Fund\n- Special rules for terrorism-related claims\n\n**5. Claims process (Chapter 6)**\n- Claims must generally be made within 3 years\n- Insurers have 28 days to accept or reject claims; silence = acceptance\n- Late claims can be allowed if \"just and reasonable\"\n\n**6. Common law damages (Chapter 9)**\nWorkers can sue for damages in court, but must repay any workers compensation already received. Special rules apply for the \"LTCS scheme\" (lifetime care for catastrophic injuries).\n\n**Why it matters:**\nThis is a comprehensive social insurance scheme. It ensures injured workers get financial support and medical care regardless of who was at fault, while protecting employers from unlimited liability. The law balances no-fault compensation with obligations on workers to cooperate with rehabilitation and return-to-work efforts."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally a relatively straightforward workers compensation ordinance in 1951, the Act has been massively expanded through numerous amendments to include detailed injury management processes, a default insurance fund with complex funding and claims mechanisms, terrorism reinsurance, lifetime care and support provisions for catastrophic injuries, extensive licensing and regulatory powers for insurers and self-insurers, return-to-work coordinator requirements, and cross-border employment connection tests. The scope has grown from basic compensation entitlements to a comprehensive regulatory system governing insurance, workplace injury management, and long-term care."},"complexity_factors":["Over 300 sections and multiple chapters, parts, and schedules","Extensive defined terms (e.g., injury, worker, employer, total wages, etc.)","Heavy cross-referencing between sections and external Acts (e.g., Criminal Code, LTCS Act, Corporations Act)","Complex multi-tiered formulas for weekly compensation based on degree of incapacity, time periods, age, and wage floors/ceilings","Numerous exceptions and special provisions (e.g., journey claims, sporting injuries, imminently fatal asbestos-related disease, LTCS participants)","Detailed licensing and regulatory framework for insurers and self-insurers, with conditions, suspension, and cancellation processes","Intricate Default Insurance Fund provisions with contribution calculations, claims for payment, and liquidation relationships","Layered injury management and return-to-work obligations with multiple parties (worker, employer, insurer, return-to-work coordinator)","Choice of law provisions for cross-border workers","Many transitional provisions and historical amendments"],"plain_english_summary":"This Act sets up a compulsory insurance system for workers in the Australian Capital Territory (ACT). If you are injured or become sick because of your job, this law determines what compensation you can get from your employer. It covers things like weekly payments to replace lost income while you recover, lump sums for permanent injuries (like losing a limb or eyesight), payment for medical treatment and rehabilitation, and payments to your family if you die from a work injury. It also sets out rules for how claims are made, how employers must insure themselves, and how disputes are resolved. The law applies to most workers in the ACT, including some contractors and volunteers, and defines who is considered a worker and what counts as a work injury. It encourages injured workers to return to work through rehabilitation programs and requires employers to provide suitable duties if possible. A government-run Default Insurance Fund steps in if an employer doesn't have insurance or if an insurer can't pay."}},"importantCases":[],"_links":{"self":"/api/acts/workers-compensation-act-1951","history":"/api/acts/workers-compensation-act-1951/history","analysis":"/api/acts/workers-compensation-act-1951/analysis","conflicts":"/api/acts/workers-compensation-act-1951/conflicts","importantCases":"/api/acts/workers-compensation-act-1951/important-cases","documents":"/api/acts/workers-compensation-act-1951/documents"}}