{"id":"sl-2002-20","name":"Workers Compensation Regulation 2002","slug":"workers-compensation-regulation-2002","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173952,"registerId":"act-sl-2002-20-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere in this regulation.\nFor example, the signpost definition ‘clinically relevant research—see\nsection 6.’ means that the term ‘clinically relevant research’ is defined in\nsection 6.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":1},{"sectionNumber":"4A","sectionType":"section","heading":"Regular contractors and casuals—Act, s 11 (2) (c)","content":"4A Regular contractors and casuals—Act, s 11 (2) (c)\n(1) For the Act, section 11 (2) (c), the following contracts are prescribed:\n(a) a contract between the individual who is a bookable vehicle\ndriver and the principal that prevents the individual from having\nan affiliated driver agreement with more than 1 transport\nbooking service;\n(b) if the individual is a bookable vehicle driver and does not have\na contract mentioned in paragraph (a)—a contract of bailment\nbetween the individual and the principal under which the\nindividual has the use of a bookable vehicle.\n\nSection 5\npage 4 Workers Compensation Regulation 2002\naffiliated driver agreement—see the Road Transport (Public\nPassenger Services) Act 2001, section 36.\nbookable vehicle—see the Road Transport (Public Passenger\nServices) Act 2001, section 29.\nbookable vehicle driver—see the Road Transport (Public Passenger\nServices) Act 2001, section 29.\ntransport booking service—see the Road Transport (Public\nPassenger Services) Act 2001, section 28.\n5 Approval of medical guidelines\n(1) The Minister may approve medical guidelines about—\n(a) the diagnosis of, or prognosis or treatment for, injuries; or\n(b) how to assess the extent of an injury for the Act, part 4.4\n(Compensation for permanent injuries).\n(2) If the work health and safety council sets up an advisory committee\nMinister must consider any recommendation made by the committee\nabout proposed medical guidelines.\n(3) An approved medical guideline is a notifiable instrument.\n(4) An approved medical guideline may apply, adopt or incorporate an\ninstrument as in force at a particular time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(5) The Legislation Act, section 47 (5) does not apply to a medical\nguideline mentioned in subsection (1) (b).\n\nInterpretation generally Part 2\nSection 6\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of clinically relevant research","content":"6 Meaning of clinically relevant research\nIn this regulation:\nclinically relevant research means research—\n(a) recognised as clinically relevant by a specialist medical college;\nor\n(b) approved by the Minister under section 7.\n7 Approval of clinically relevant research\n(1) The Minister may approve information (including information on an\ninternet site) as clinically relevant research.\n(2) An approval is a notifiable instrument.\n(3) An approval may apply, adopt or incorporate an instrument as in force\nfrom time to time.\nNote 1 The Legislation Act, s 47 (3) provides that a statutory instrument may\napply an instrument as in force only at a particular time. Subsection (3)\nallows the approval to also apply, adopt or incorporate an instrument as\nin force from time to time.\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(4) The Legislation Act, section 47 (5) and (6) does not apply to an\ninstrument mentioned in subsection (3).\nNote The text of an applied, adopted or incorporated instrument, whether\napplied as in force at a particular time or from time to time, is taken to be\na notifiable instrument if the operation of the Legislation Act, s 47 (5) or\n(6) is not disapplied (see s 47 (7)).\n\nSection 8\npage 6 Workers Compensation Regulation 2002\n8 Meaning of evidence-based methodology\nIn this regulation:\nevidence-based methodology means the application by a doctor of the\ndoctor’s clinical expertise, and any relevant approved medical\nguidelines or clinically relevant research, to—\n(a) identify the aetiology of an injured worker’s injury; and\n(b) diagnose the injury; and\n(c) give a prognosis for the injury; and\n(d) make recommendations about medical treatment for the injury.\n8A Calculation of total wages—Act, s 7A, def total wages\nThe ACT Wages and Earnings Guide is prescribed for working out\ntotal wages.\nNote The ACT Wages and Earnings Guide is accessible at\nwww.ors.act.gov.au/worksafe.\n\nHow medical assessments must be done Division 3.1\nSection 8B\nDivision 3.1 How medical assessments must be\ndone\n8B Doctor that may provide medical certificate for\nimminently fatal asbestos-related disease—Act,\ns 116 (2) (a)\nA doctor in any of the following fields of medical specialty is\nprescribed:\n(a) oncology;\n(b) respiratory medicine;\n(c) cardio-thoracic surgery.\n9 Using evidence-based methodology\n(1) A doctor who does a medical assessment of an injured worker must\ndo the assessment using evidence-based methodology.\nNote The Act, s 118 (2) provides that a medical certificate required to\naccompany a claim for weekly compensation must comply with the\nrequirements for medical assessments under the regulations.\nIf s 118 (2) is not complied with, for example, if a medical certificate\nabout an injured worker is deficient because it does not refer to an\napproved medical guideline or clinically relevant research for that type\nof injury, under the Act, s 119 the insurer may tell the worker about the\ndeficiency. The worker’s claim is not considered to have been made until\nthe deficiency is fixed.\nIf the insurer does not tell a worker about a deficiency, the claim is taken\nto comply with s 118 (2) (see the Act, s 119 (3)).\n(2) The doctor must record the results of the assessment, including the\nfollowing matters:\n(a) the aetiology of the worker’s injury;\n\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 How medical assessments must be done","content":"Division 3.1 How medical assessments must be done\nSection 9\npage 8 Workers Compensation Regulation 2002\n(b) the diagnosis of the injury;\n(c) the prognosis for the injury;\n(d) the recommended medical treatment for the injury.\nExample—aetiology of injury\nexposure to asbestos fibres\nExample—diagnosis of injury\nmesothelioma\nExample—prognosis of injury\n2 year life expectancy from date of diagnosis\n(3) However, for a later medical assessment of an injured worker, the\ndoctor who does the assessment need record a matter mentioned in\nsubsection (2) only if the doctor considers that there has been a\nchange in the matter.\ninitial medical assessment, of an injured worker, means the first\nmedical assessment by the worker’s doctor for a medical certificate\nmentioned in the Act, section 116 (2) (Making claim for\ncompensation).\nlater medical assessment, of an injured worker, means a medical\nassessment other than—\n(a) an initial or second medical assessment of the worker; or\n(b) if the worker’s nominated treating doctor is replaced by another\nnominated treating doctor—the first medical assessment of the\nworker by the new nominated treating doctor.\nsecond medical assessment means an assessment mentioned in the\nAct, section 72 (Second assessments).\n\nMedical specialists Division 3.2\nSection 10\n","sortOrder":4},{"sectionNumber":"10","sectionType":"section","heading":"Assessment by medical specialist—request by other than","content":"10 Assessment by medical specialist—request by other than\nnominated treating doctor\n(1) This section does not apply to a request by an injured worker’s\nnominated treating doctor for a medical assessment of the worker by\na medical specialist.\n(2) The following (the requesting person) may request a medical\nassessment of an injured worker by a medical specialist:\n(a) the worker;\n(b) the worker’s lawyer;\n(c) the worker’s employer;\n(d) the employer’s insurer;\n(e) the DI fund manager.\n(3) At least 2 weeks before the day of the medical assessment, written\nnotice of the request must be given—\n(a) if the request is made by the worker or the worker’s lawyer—to\nthe worker’s employer and the employer’s insurer; or\n(b) if the request is made by the worker’s employer or the\nemployer’s insurer—to the worker and the worker’s lawyer.\n(4) Subsection (3) does not prevent a medical assessment of the worker\nhappening with less than the 2 weeks notice if the parties agree to the\nshorter notice.\n(5) The notice must state—\n(a) the reasons for the request (including a brief description of any\nparticular thing that led to the request); and\n(b) why the medical specialist is the appropriate specialist to do the\nmedical assessment; and\n\nSection 11\npage 10 Workers Compensation Regulation 2002\n(c) which of the following matters are to be assessed in relation to\nthe injury:\n(i) aetiology;\n(ii) diagnosis;\n(iii) prognosis;\n(iv) recommended medical treatment.\nExample for par (a)\nAn insurer disagrees with an injured worker’s nominated treating doctor’s\nassessment that the worker has suffered a relapse, and needs more time off work.\nThe insurer considers that the time off does not relate to the injury.\n(6) The requesting person, and the people to whom the requesting person\nmust give notice under subsection (3), must give all medical evidence\nabout the injured worker to the medical specialist at least 2 working\ndays before the day of the medical assessment.\n","sortOrder":5},{"sectionNumber":"11","sectionType":"section","heading":"Specialist’s report about assessment","content":"11 Specialist’s report about assessment\n(1) A medical specialist assessing an injured worker must, when asked\nby someone (the requesting person) under section 10 (2), prepare a\nreport about the medical assessment.\n(2) If the medical specialist’s assessment differs from the medical\nevidence about the injured worker, the report must state—\n(a) how the assessment differs and why; and\n(b) why the medical specialist’s assessment is preferable.\n(3) If there is no difference between the medical specialist’s assessment\nand the medical evidence, the report must say there is no difference.\n\nMedical specialists Division 3.2\nSection 12\n(4) The requesting person must give a copy of the report to the people to\nwhom the requesting person must give notice under section 10 (3)\nwithin 5 working days after the day the report is given to the\nrequesting person.\nNote An injured worker’s nominated treating doctor may adopt (completely or\npartly) a medical specialist’s assessment about treatment for the worker’s\ntreatment.\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Medical specialist as new nominated treating doctor","content":"12 Medical specialist as new nominated treating doctor\n(1) This section applies if the nominated treating doctor (the treating\ndoctor) for an injured worker considers it appropriate that a medical\nspecialist becomes the nominated treating doctor for the worker, and\nthe worker agrees.\n(2) The treating doctor may ask the medical specialist, in writing, to\nbecome the nominated treating doctor for the worker.\n(3) If the medical specialist agrees in writing, the medical specialist\nbecomes the nominated treating doctor for the worker instead of the\ntreating doctor.\n\nSection 13\npage 12 Workers Compensation Regulation 2002\n","sortOrder":7},{"sectionNumber":"13","sectionType":"section","heading":"Consultation about appointment of medical referees","content":"13 Consultation about appointment of medical referees\nIf the work health and safety council sets up an advisory committee\nMinister may ask the committee to give advice about who should be\na medical referee.\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Medical referee to review medical evidence etc","content":"14 Medical referee to review medical evidence etc\n(1) This section applies to a medical referee for a conciliation or\n(2) The medical referee must—\n(a) review the medical evidence about the injured worker; and\n(b) review any relevant approved medical guidelines or clinically\nrelevant research about the worker’s injury; and\n(c) apply the referee’s clinical expertise to the review under\nparagraphs (a) and (b); and\n(d) do a medical assessment of the worker, unless the referee\nconsiders it unnecessary.\n","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Medical referee’s report","content":"15 Medical referee’s report\n(1) A medical referee’s report for a conciliation or arbitration must\nstate—\n(a) the results of the referee’s assessment of the aetiology or\ndiagnosis of, or the prognosis or recommended medical\ntreatment for, the worker’s injury; and\n(b) if the referee’s assessment differs from the medical evidence\nabout the worker’s injury—\n(i) how the assessment differs and why; and\n\nMedical referees Part 4\nSection 15\n(ii) why the referee’s assessment is preferable; and\n(c) if the referee considered it unnecessary to assess the worker—\nwhy the referee did not consider it necessary.\nExample of why assessment may differ\nThe medical evidence does not take into account relevant approved medical\nguidelines or clinically relevant research.\n(2) If there is no difference between the medical referee’s assessment and\nthe medical evidence, the report must say there is no difference.\n\nSection 16\npage 14 Workers Compensation Regulation 2002\n","sortOrder":10},{"sectionNumber":"16","sectionType":"section","heading":"Minister may approve rehabilitation providers","content":"16 Minister may approve rehabilitation providers\n(1) The Minister may, in writing, approve a person as a rehabilitation\nprovider.\n(2) The Minister may approve a rehabilitation provider for not longer\nthan 3 years.\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Procedure for approval of rehabilitation provider","content":"17 Procedure for approval of rehabilitation provider\nIn deciding whether to approve a person as a rehabilitation provider,\nthe Minister must act in accordance with the Guide—Nationally\nConsistent Approval Framework for Workplace Rehabilitation\nProviders as in force from time to time.\nNote The Guide—Nationally Consistent Approval Framework for\nWorkplace Rehabilitation Providers is accessible at\nwww.hwca.org.au/NationalGuide.php.\n\nConciliation Part 6\nAppointment and functions of conciliators Division 6.1\nSection 36\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Appointment and functions of","content":"Division 6.1 Appointment and functions of\nconciliators\n","sortOrder":13},{"sectionNumber":"36","sectionType":"section","heading":"Appointment of conciliators","content":"36 Appointment of conciliators\n(1) The Minister may appoint conciliators for this regulation.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) The Minister may appoint a person as a conciliator only if satisfied\nthat the person has expertise in dispute resolution relating to workers\ncompensation.\n(3) If the work health and safety council sets up an advisory committee\nMinister may ask the committee to give advice about who should be\na conciliator.\n","sortOrder":14},{"sectionNumber":"37","sectionType":"section","heading":"Function of conciliators","content":"37 Function of conciliators\n(1) The function of a conciliator is to help injured workers and their\nemployers to reach agreement about matters in issue arising from\nworkers’ claims for compensation.\n(2) The conciliator must encourage injured workers and their employers\nto reach agreements that allow injury management to continue.\n\nSection 38\npage 16 Workers Compensation Regulation 2002\n","sortOrder":15},{"sectionNumber":"38","sectionType":"section","heading":"When must conciliation be held?","content":"38 When must conciliation be held?\n(1) A conciliation about a matter in issue arising from a worker’s claim\nfor compensation must be held before arbitration of the matter only\nif—\n(a) the worker and the worker’s employer agree to participate in the\nconciliation; and\n(b) a conciliator is available.\n(2) This section does not apply if the matter in issue is an insurer’s\nrejection of a worker’s claim for compensation.\n","sortOrder":16},{"sectionNumber":"39","sectionType":"section","heading":"Action by conciliator","content":"39 Action by conciliator\n(1) This section applies if a worker and the worker’s employer have\nasked a conciliator to help them reach agreement on a matter in issue\narising from the worker’s claim for compensation.\n(2) If the conciliator is available to help the worker and the worker’s\nemployer, the conciliator must, as soon as practicable—\n(a) set a time and place for the conciliation; and\n(b) tell each party to the conciliation, in writing, about the time and\nplace.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n","sortOrder":17},{"sectionNumber":"40","sectionType":"section","heading":"Particulars of matters in issue","content":"40 Particulars of matters in issue\n(1) Each party to the conciliation must, at least 7 days before the day for\nconciliation, give to each other party and the conciliator, written\ndetails of the matters in issue arising from the worker’s claim for\ncompensation (the written details document).\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n\nConciliation Part 6\nConciliations Division 6.2\nSection 41\n(2) The written details document must include information available to a\nparty that the party believes on reasonable grounds would help the\nparties reach agreement about the matter.\n","sortOrder":18},{"sectionNumber":"41","sectionType":"section","heading":"Parties to attend conciliation","content":"41 Parties to attend conciliation\n(1) The parties to a conciliation must attend the conciliation.\n(2) A party’s representative may also attend the conciliation.\n","sortOrder":19},{"sectionNumber":"42","sectionType":"section","heading":"Parties must make genuine effort to agree","content":"42 Parties must make genuine effort to agree\nAt conciliation, the parties must make a genuine effort to reach an\nagreement that allows injury management to continue for the injured\n43 Medical referee and conciliation\n(1) With the agreement of the parties to the conciliation, the conciliator\nmay ask a medical referee to prepare a report to help the parties to\nreach agreement.\nNote Section 14 (Medical referee to review medical evidence etc) sets out what\na medical referee must do for a conciliation and s 15 (Medical referee’s\nreport) states what a medical referee’s report for a conciliation must\ncontain.\n(2) The medical referee must give a copy of the report to the conciliator.\n(3) The conciliator must give a copy of the report to each party.\n44 Decision or recommendation by conciliator\n(1) The conciliator may, at any time, decide that a matter in issue arising\nfrom the worker’s claim for compensation is not suitable for\nresolution by conciliation.\n(2) If agreement is reached on a matter in issue between the parties to the\nconciliation, the parties must, with the help of the conciliator, record\nthe agreement in writing.\n\nSection 45\npage 18 Workers Compensation Regulation 2002\n(3) If a matter in issue between the parties remains unresolved at the end\nof the conciliation, the conciliator may make a recommendation about\nthe matter.\n(4) The written details document mentioned in section 40 (1), evidence\ngiven during a conciliation, or anything said or done during\nconciliation, must not be admitted in evidence at an arbitration.\n(5) However, any recommendation by the conciliator under\nsubsection (3) may be admitted in evidence at an arbitration.\n","sortOrder":20},{"sectionNumber":"45","sectionType":"section","heading":"Who pays for conciliation?","content":"45 Who pays for conciliation?\n(1) The insurer must meet all costs and disbursements of, and incidental\nto, the conciliation.\n(2) If a party is represented at conciliation by a representative (including\na lawyer), the conciliator may allow the representative to claim from\nthe insurer reasonable costs and disbursements of, and incidental to,\nthe conciliation.\n47 Protocol about conciliation\n(1) The Minister may approve a protocol about—\n(a) the administration of conciliations; or\n(b) costs and disbursements of, and incidental to, conciliations,\nincluding maximum amounts conciliators may allow under\nsection 45 (Who pays for conciliation?); or\n(c) the giving of information to the Minister by conciliators or other\npeople about conciliations in a way that maintains the\nconfidentiality of conciliations.\n(2) An approved protocol is a notifiable instrument.\n\nArbitration Part 7\nSection 48\n48 When may application for arbitration be filed?\n(1) An injured worker or the worker’s employer may file an application\nfor the arbitration of—\n(a) a matter in issue arising from the worker’s claim for\ncompensation; or\n(b) the insurer’s rejection of the worker’s claim for compensation.\n(2) However, if the injured worker and the employer must participate in\na conciliation under section 38, the application for arbitration may be\nfiled only if—\n(a) the parties have attended the conciliation; and\n(b) either—\n(i) the matter was not resolved at the conciliation; or\n(ii) the conciliator decided that the matter was not suitable for\nconciliation.\n","sortOrder":21},{"sectionNumber":"49","sectionType":"section","heading":"Commercial Arbitration Act not apply","content":"49 Commercial Arbitration Act not apply\nThe Commercial Arbitration Act 2017 does not apply to an\n","sortOrder":22},{"sectionNumber":"50","sectionType":"section","heading":"Representative committee already in existence","content":"50 Representative committee already in existence\n(1) This section applies to a matter to be decided by arbitration if there is\na committee.\n(2) The matter must be decided by arbitration by the committee unless a\nparty to the matter objects to the arbitration by written notice given to\nthe other party before the committee meets to consider the matter.\n\nSection 51\npage 20 Workers Compensation Regulation 2002\n(3) However, the committee may refer a matter it is required to arbitrate\nfor arbitration by the Magistrates Court under this part if the\ncommittee considers it appropriate to do so.\n51 When must Magistrates Court arbitrate matter?\nThe Magistrates Court must arbitrate a matter if—\n(a) there is no committee; or\n(b) there is a committee but—\n(i) a party to the matter objects to the matter being arbitrated\nby the committee; or\n(ii) the committee refers the matter to the court for arbitration;\nor\n(iii) the committee fails to decide the matter within 1 month\nafter the day the claim the matter arises from is made.\n52 Committee may refer questions of law\nA committee may refer a question of law to the Magistrates Court.\n53 Powers of Magistrates Court on arbitration\nFor a proceeding on an arbitration, the Magistrates Court has the same\npower to require the attendance of witnesses and the production of\ndocuments as it would have if the proceeding were an action in the\ncourt.\n54 Medical referees\n(1) The Magistrates Court or a committee may ask a medical referee to\nhelp the court or committee to assess a medical matter during an\n(2) The Magistrates Court or committee may ask a medical referee to\nreport on a medical matter during, or arising from, an arbitration.\n\nArbitration Part 7\nSection 55\n","sortOrder":23},{"sectionNumber":"55","sectionType":"section","heading":"Only 1 medical referee for arbitration","content":"55 Only 1 medical referee for arbitration\n(1) The same medical referee must help the Magistrates Court or a\ncommittee throughout an arbitration.\n(2) However, another medical referee may help the Magistrates Court or\ncommittee if the medical referee is unavailable for any reason.\n","sortOrder":24},{"sectionNumber":"56","sectionType":"section","heading":"Procedure on arbitration","content":"56 Procedure on arbitration\n(1) This section applies to an arbitration unless the Act or rules expressly\nstate otherwise.\n(2) The Magistrates Court or a committee may decide its own procedures.\n(3) The Magistrates Court or a committee need not act in a formal way\nand is not bound by rules of evidence.\n(4) The Magistrates Court or a committee may inform itself about\nanything in the way it considers appropriate.\n(5) The Magistrates Court or a committee must act according to equity,\ngood conscience and the substantial merits of the matter being\narbitrated, without regard to technicalities and legal forms.\n","sortOrder":25},{"sectionNumber":"57","sectionType":"section","heading":"Costs","content":"57 Costs\n(1) The successful party to an arbitration or related proceeding is entitled\nto be indemnified for party and party costs (including reasonable\ndisbursements) by the unsuccessful party, unless the Magistrates\nCourt or a committee otherwise orders.\n(2) However, the Magistrates Court or committee must not award the\ncosts of, or incidental to, an arbitration or related proceeding\n(including reasonable disbursements) against someone claiming\ncompensation honestly in the arbitration or proceeding.\n\nSection 58\npage 22 Workers Compensation Regulation 2002\n(3) The costs of, and incidental to, an arbitration or related proceeding\nare payable at 2/3 of the scale of costs prescribed by the rules applying\nto a civil proceeding in the Supreme Court, unless the Magistrates\nCourt or committee otherwise orders.\n(4) Costs must be taxed, unless the parties otherwise agree.\n(5) Disbursements are payable in full.\n","sortOrder":26},{"sectionNumber":"58","sectionType":"section","heading":"Claim against arbitration award","content":"58 Claim against arbitration award\n(1) This section applies if a worker is paid an amount of compensation\non arbitration.\n(2) The worker’s lawyer or the lawyer’s agent may claim costs in relation\nto the arbitration, or claim a lien in relation to the costs, from the\ncompensation only if, on application by the worker, lawyer or agent,\nthe Magistrates Court or committee awards the lawyer or agent the\ncosts.\n(3) Costs to be awarded to the lawyer or the lawyer’s agent—\n(a) are payable at 2/3 of the scale of costs prescribed by the rules\napplying to a civil proceeding in the Supreme Court, unless the\nMagistrates Court or committee otherwise orders; and\n(b) must be taxed.\n\nCompulsory insurance policies—contents Part 8\nSection 59\n","sortOrder":27},{"sectionNumber":"Part 8","sectionType":"part","heading":"Compulsory insurance policies—","content":"Part 8 Compulsory insurance policies—\ncontents\n","sortOrder":28},{"sectionNumber":"59","sectionType":"section","heading":"Definitions for pt 8","content":"59 Definitions for pt 8\nIn this part:\nemployer, in relation to a compulsory insurance policy, means the\nemployer to whom the policy was issued.\ninsurer, in relation to a compulsory insurance policy, means the\ninsurer who issued the policy.\n60 Insurer to indemnify employer\n(1) The compulsory insurance policy must provide that the insurer will\nindemnify the employer against any compensation the employer is\nliable to pay under the Act.\n(2) However, the compulsory insurance policy must provide that the\ninsurer will not indemnify the employer for any amount for which the\nAct expressly states that the employer is not to be indemnified.\nNote The employer is liable to pay any amount incurred between the time by\nwhich the employer must tell the insurer that an injury has happened and\nthe time the employer tells the insurer that the injury has happened and\nmay not be indemnified by the insurer for the amount (see Act, s 95).\n","sortOrder":29},{"sectionNumber":"61","sectionType":"section","heading":"Insurer to notify renewal","content":"61 Insurer to notify renewal\nThe compulsory insurance policy must provide that the insurer must\nnotify the employer when the policy will end at least 30 days before\nthe day the policy is to end.\n\nSection 62\npage 24 Workers Compensation Regulation 2002\n","sortOrder":30},{"sectionNumber":"62","sectionType":"section","heading":"Insurer to tell employer about certain obligations","content":"62 Insurer to tell employer about certain obligations\n(1) The insurer must tell the employer about the employer’s obligations\nunder the sections of the Act mentioned in subsection (3) (the\nrequired information) in the compulsory insurance policy or in\naccordance with subsection (2).\n(2) If the compulsory insurance policy does not contain the required\ninformation, the policy must provide that the insurer must tell the\nemployer the required information within 14 days after the day the\npolicy is issued.\n(3) The sections of the Act are as follows:\n(a) section 155 (Information for licensed insurers on application for\nissue or renewal of policies);\n(b) section 155A (Employer must notify licensed insurer of certain\ncorrected information);\n(c) section 156 (Information for licensed insurers after renewal of\npolicies);\n(d) section 157 (Information for licensed insurers after end or\ncancellation of policies);\n(e) section 158 (Information for new licensed insurers after change\nof licensed insurers).\n","sortOrder":31},{"sectionNumber":"62A","sectionType":"section","heading":"Required information from employer in policy","content":"62A Required information from employer in policy\n(1) The compulsory insurance policy issued by an insurer to an employer\nmust include the following information:\n(a) the required information given by the employer to the insurer;\n(b) the proportion of the premium payment for the policy that has\nbeen recovered from the employer to offset amounts paid by the\ninsurer to the DI fund.\n\nCompulsory insurance policies—contents Part 8\nSection 63\nrequired information, given by an employer, means the information\ngiven by the employer under a provision of the Act mentioned in\nsection 62 (3).\n","sortOrder":32},{"sectionNumber":"63","sectionType":"section","heading":"Services to be provided under policy","content":"63 Services to be provided under policy\nThe compulsory insurance policy must include a description of the\nservices to be provided under the policy and when they will be\nprovided.\n64 Cancellation of insurance policy\nThe compulsory insurance policy must include a statement that the\npolicy may only be cancelled by the insurer in accordance with a\nprotocol approved by the Minister.\n65 Compliance with Act by employer\nThe compulsory insurance policy must include a provision that states\nthat the employer must comply with the Act, chapter 5 (Injury\nmanagement process) and section 126 (Action by employer in\nrelation to claims).\n","sortOrder":33},{"sectionNumber":"66","sectionType":"section","heading":"Result of under-reporting of wages by employer","content":"66 Result of under-reporting of wages by employer\n(1) The compulsory insurance policy must provide that the employer\nmust pay the insurer the amount mentioned in subsection (2) if—\n(a) the employer, to obtain insurance from the insurer, has told the\ninsurer the employer is paying a stated amount of wages; and\n(b) the amount of wages the employer is paying is at least 10% more\nthan the amount the employer told the insurer.\n(2) The amount payable to the insurer is the amount equal to double the\ndifference between the premium the employer paid and the premium\nthe employer would have paid if the employer had told the insurer the\ntrue amount of wages the employer was paying.\n\nSection 67\npage 26 Workers Compensation Regulation 2002\n","sortOrder":34},{"sectionNumber":"67","sectionType":"section","heading":"Insurance policy may contain other provisions","content":"67 Insurance policy may contain other provisions\nThe compulsory insurance policy may contain any other provision the\nparties agree to if the provision is not inconsistent with the Act, this\nregulation or the rules.\n\nLicensing of licensed insurers Division 9.1\nSection 68\n","sortOrder":35},{"sectionNumber":"Div 9","sectionType":"division","heading":"1 Licensing of licensed insurers","content":"Division 9.1 Licensing of licensed insurers\n","sortOrder":36},{"sectionNumber":"68","sectionType":"section","heading":"Application for insurer licence—Act, s 145J (a)","content":"68 Application for insurer licence—Act, s 145J (a)\n(1) An application for an insurer licence by an insurer (the applicant)\nmust—\n(a) include evidence of an authorisation under the Insurance\nAct 1973 (Cwlth), section 12 to carry on an insurance business\nin Australia; and\n(b) if the applicant is applying for a corresponding licence—include\nevidence of the application; and\n(c) if the applicant has a corresponding licence—include evidence\nof the licence and any conditions on the licence; and\n(d) include evidence that the applicant has adequate reinsurance, or\nother arrangements in place, to cover the applicant’s future\nliability under the Act; and\n(e) comply with any protocol relating to applying for a licence.\n(2) The regulator may, in writing, require further evidence from an\napplicant that demonstrates the applicant—\n(a) is financially and prudentially sound; or\n(b) will be able to meet any obligations as an insurer under the Act\nin relation to injury management programs and personal injury\nplans.\ncorresponding licence means a licence under a State law that has the\nsame effect, or substantially the same effect, as an insurer licence.\n\nSection 69\npage 28 Workers Compensation Regulation 2002\n","sortOrder":37},{"sectionNumber":"69","sectionType":"section","heading":"Criteria for issuing insurer licence—Act, s 145J (b)","content":"69 Criteria for issuing insurer licence—Act, s 145J (b)\nThe regulator may issue an insurer licence only if satisfied the\napplicant for the licence—\n(a) is financially and prudentially sound; and\n(b) if licensed, will—\n(i) be able to meet the applicant’s existing and expected\nliabilities under the Act; and\n(ii) be able to meet the applicant’s obligations as an insurer\nunder the Act; and\n(iii) comply with any conditions on the licence.\n","sortOrder":38},{"sectionNumber":"70","sectionType":"section","heading":"Particulars of insurer licence—Act, s 145J (b)","content":"70 Particulars of insurer licence—Act, s 145J (b)\nAn insurer licence must state the following:\n(a) the insurer’s name;\n(b) if the insurer operates the insurance service under another\nname—the insurer’s other name;\n(c) the insurer’s ABN or ACN.\n","sortOrder":39},{"sectionNumber":"71","sectionType":"section","heading":"Insurer must have reinsurance—Act, s 145J (c)","content":"71 Insurer must have reinsurance—Act, s 145J (c)\nIt is a condition of an insurer licence that the insurer maintain\nreinsurance that is capable of meeting the insurer’s existing and\nexpected liabilities under the Act.\n\nConditions on insurers Division 9.2\nSection 72\n","sortOrder":40},{"sectionNumber":"72","sectionType":"section","heading":"Information about ability to meet liabilities etc—Act,","content":"72 Information about ability to meet liabilities etc—Act,\ns 145J (c) and (g)\n(1) It is a condition of an insurer licence that the insurer give the regulator\nthe following information, if requested in writing by the regulator:\n(a) information about claims that have been made against the\ninsurer under the Act;\n(b) information to allow the regulator to assess—\n(i) the insurer’s continuing ability to meet the insurer’s\nexisting and expected liabilities under the Act; and\n(ii) whether the insurer continues to be financially and\nprudentially sound; and\n(iii) the insurer’s continuing ability to meet its obligations\nunder the Act.\n(2) Information requested from an insurer in writing by the regulator\nmust be reasonably necessary for the performance of the regulator’s\nfunctions.\n","sortOrder":41},{"sectionNumber":"73","sectionType":"section","heading":"Insurer to provide information and pay costs of audit—","content":"73 Insurer to provide information and pay costs of audit—\nAct, s 145J (c) and (f)\nIt is a condition of an insurer licence that for an audit under part 10A,\nthe insurer—\n(a) complies with the reasonable requirements of the person\nconducting the audit; and\n(b) allows the person conducting the audit access to the information\nreasonably required to conduct the audit; and\n(c) pays reasonable fees and reasonable expenses for the audit.\nNote The Minister may approve a protocol about how a person who is subject\nto an audit must participate in the audit (see s 101 (2) (b)).\n\nSection 74\npage 30 Workers Compensation Regulation 2002\n","sortOrder":42},{"sectionNumber":"74","sectionType":"section","heading":"Information on working out premiums—Act, s 145J (c)","content":"74 Information on working out premiums—Act, s 145J (c)\n(1) It is a condition of an insurer licence that—\n(a) on written request by the regulator, the insurer gives the\nregulator, in writing, any relevant information about how the\ninsurer works out premiums for compulsory insurance policies;\nand\n(b) the insurer must give information under paragraph (a) within the\nperiod stated in the request that is not less than 21 days after the\nday the regulator asked for the information.\nrelevant information means information the regulator is satisfied on\nreasonable grounds will help the regulator to decide whether\npremiums are being worked out in accordance with the principles for\nworking out premiums under section 75.\n","sortOrder":43},{"sectionNumber":"75","sectionType":"section","heading":"Principles for working out premiums—Act, s 145J (c)","content":"75 Principles for working out premiums—Act, s 145J (c)\n(1) It is a condition of an insurer licence that, in working out premiums,\nan insurer must—\n(a) provide for sufficient (but not excessive) income from premiums\nto fully fund liabilities arising from policies of insurance to\nwhich the premiums relate; and\n(b) ensure that premiums are structured to minimise, as far as\nreasonably practicable, the cross subsidisation of premium\nrating groups.\n(2) For this section, there is sufficient income from premiums to fully\nfund the liabilities to which the premiums relate if the premiums are\nsufficient to do all of the following:\n(a) fully fund claims liabilities arising from the insurance policies\nto which the premiums relate;\n\nConditions on insurers Division 9.2\nSection 76\n(b) pay all acquisition, policy administration and claims settlement\nexpenses of the insurer;\n(c) provide a profit margin after the payment of claims, costs and\nexpenses that represents an adequate return on capital invested\nand compensation for the risk taken;\n(d) provide for anything else that a prudent insurer should, in the\ncircumstances, provide for;\n(e) provide for contributions or other charges payable by the insurer\nunder the Act.\n(3) For subsection (2) (a), the amount of claims liabilities of the insurer\ndoes not include the treatment, care and support costs of a participant\nin the LTCS scheme.\nNote LTCS scheme—see the LTCS Act, dictionary.\n(4) An insurer is taken to have complied with subsection (1) (a) if the\ninsurer provides for sufficient (but not excessive) income from\npremiums in accordance with actuarial advice about the liability\narising from policies of insurance to which the premiums relate.\n","sortOrder":44},{"sectionNumber":"76","sectionType":"section","heading":"Time for information to be given—Act, s 145J (c) and (g)","content":"76 Time for information to be given—Act, s 145J (c) and (g)\n(1) It is a condition of an insurer licence that any information required to\nbe given to the regulator is given—\n(a) within 14 days after the day the information is requested; or\n(b) if a longer period is allowed by the regulator or provided for the\ngiving of the information—within that period.\n(2) This section does not apply to section 74 (Information on working out\npremiums—Act, s 145J (c) and (e)).\n\nSection 77\npage 32 Workers Compensation Regulation 2002\n","sortOrder":45},{"sectionNumber":"77","sectionType":"section","heading":"Record keeping by licensed insurers—Act, s 145J (d)","content":"77 Record keeping by licensed insurers—Act, s 145J (d)\n(1) It is a condition of an insurer licence that a licensed insurer must keep\nrecords about the licensed insurer’s policies, processes and decisions\nfor the provision of an insurer service, in accordance with any\nprotocol relating to the keeping of records.\n(2) A record mentioned in subsection (1) must be kept for not less than\n5 years after the day the record is made.\n","sortOrder":46},{"sectionNumber":"78","sectionType":"section","heading":"Action if rehabilitation provider’s approval suspended or","content":"78 Action if rehabilitation provider’s approval suspended or\nrevoked—Act, s 145J (c)\nIt is a condition of an insurer licence that the insurer must arrange for\nanother rehabilitation provider to be responsible for a worker’s\nvocational rehabilitation under a personal injury plan if—\n(a) the approval of the rehabilitation provider responsible for the\nworker’s rehabilitation under the plan has been suspended or\nrevoked; and\n(b) the insurer is responsible for the personal injury plan for the\n","sortOrder":47},{"sectionNumber":"79","sectionType":"section","heading":"Notice of proposed action against licensed insurer","content":"79 Notice of proposed action against licensed insurer\nIf the regulator proposes to take action (the proposed action)\nmentioned in section 80 (2) in relation to an insurer, or to cancel the\ninsurer licence, the regulator must give the insurer written notice—\n(a) stating the proposed action; and\n(b) stating the grounds for the proposed action; and\n(c) inviting the insurer to make written representations, within a\nstated period of not less than 14 days after the day the insurer is\ngiven the notice, about why the proposed action should not be\ntaken.\n\nAction against insurers Division 9.3\nSection 80\n","sortOrder":48},{"sectionNumber":"80","sectionType":"section","heading":"Action other than cancellation of insurer licence—Act,","content":"80 Action other than cancellation of insurer licence—Act,\ns 223 (2) (h)\n(1) This section applies to a licensed insurer if—\n(a) the insurer—\n(i) contravenes the Act, section 112 (Compliance by insurers,\nincluding DI fund) or another provision of the Act; or\n(ii) is unable to meet the insurer’s existing and expected\nliabilities under the Act; or\n(iii) no longer has unlimited reinsurance for a single event to\ncover the insurer’s expected liability under the Act; or\n(iv) fails to comply with a condition on the insurer licence; and\n(b) the regulator has given the insurer notice under section 79.\n(2) After considering any written representations made by the insurer\nwithin the period for representations stated in the notice, the regulator\nmay—\n(a) do 1 or more of the following:\n(i) order the insurer to pay to the Territory a financial penalty\nof not more than $1 000;\n(ii) impose a condition on the insurer licence of the insurer (for\nexample, by including a condition providing for increased\nsupervision of the insurer by the regulator);\n(iii) censure the insurer;\n(iv) order the insurer to take remedial action; or\n(b) suspend the licence for not longer than the period.\n\nSection 81\npage 34 Workers Compensation Regulation 2002\n(3) The regulator must tell the insurer in writing about the decision—\n(a) if the decision is to take action other than suspension—by giving\nthe insurer a reviewable decision notice; or\n(b) if the decision is to suspend the insurer licence—in accordance\nwith section 82 (Effect of regulator suspension or cancellation\nof insurer licence—Act, s 145J (h)).\nproposed action—see section 79.\n","sortOrder":49},{"sectionNumber":"81","sectionType":"section","heading":"Cancellation of insurer licence—Act, s 145J (h)","content":"81 Cancellation of insurer licence—Act, s 145J (h)\n(1) This section applies to an insurer licence if—\n(a) a matter mentioned in section 80 (1) (a) applies to the insurer;\nand\n(b) either—\n(i) the regulator has taken action under section 80 (2), but the\nmatter continues or is repeated; or\n(ii) the regulator considers immediate action is required\nbecause of a serious circumstance; and\n(c) the regulator gives notice under section 79 that the regulator\nproposes to cancel the licence.\n(2) After considering any written representation made by the insurer\nwithin the period for representations stated in the notice, the regulator\nmay—\n(a) take action under section 80 (2); or\n(b) cancel the insurer licence.\n\nAction against insurers Division 9.3\nSection 82\n(3) For subsection (1) (b) (ii), a serious circumstance includes a\ncircumstance in which the insurer—\n(a) fails to establish an injury management program under the Act,\nsection 88 (Insurer to establish etc injury management\nprogram); or\n(b) fails to give effect to an injury management program under the\nAct, section 89 (Insurer to give effect to injury management\nprogram); or\n(c) fails to establish a personal injury plan for an injured worker\nunder the Act, section 97 (Personal injury plan for worker with\nsignificant injury); or\n(d) contravenes a direction under the Act, section 114\n(Unreasonableness in stopping payment); or\n(e) fails to comply with the regulator’s notice, or gives details that\nare false or misleading in a material respect, under the Act,\nsection 164 (Provision of information to Minister).\n(4) The regulator must tell the insurer, in writing, about the decision—\n(a) if the decision is to take action other than suspension or\ncancellation—by giving the insurer a reviewable decision\nnotice; or\n(b) if the decision is to suspend or cancel the insurer licence—in\naccordance with section 82.\n","sortOrder":50},{"sectionNumber":"82","sectionType":"section","heading":"Effect of regulator suspension or cancellation of insurer","content":"82 Effect of regulator suspension or cancellation of insurer\nlicence—Act, s 145J (h)\n(1) If the regulator decides to suspend or cancel an insurer licence, the\nregulator must give written notice of the decision, including when the\nsuspension or cancellation takes effect, to the insurer who holds the\nlicence.\nNote The regulator’s notice must comply with the requirements of the Act,\ns 199A.\n\nSection 83\npage 36 Workers Compensation Regulation 2002\n(2) A suspension or cancellation must not take effect earlier than 7 days\nafter the day the insurer is told about the decision.\n(3) Subject to the Act, section 146 (Effect of cancellation or suspension\nof insurer licence), if the regulator suspends an insurer licence, the\ninsurer is, during the suspension—\n(a) taken not to be a licensed insurer; and\n(b) disqualified from applying for a licence as an insurer.\n(4) The regulator may, at any time, by written notice to the insurer, end\nor reduce the period of suspension of the insurer licence.\n","sortOrder":51},{"sectionNumber":"83","sectionType":"section","heading":"When does cancellation make previous insurance","content":"83 When does cancellation make previous insurance\npolicies not compulsory insurance policies?—Act,\ns 146 (3)\n(1) If an insurer licence is cancelled, a compulsory insurance policy\nissued before the cancellation is taken not to be a compulsory\ninsurance policy only if a reason for the cancellation is the\nwinding-up of the insurer.\n(2) The compulsory insurance policy stops being a compulsory insurance\npolicy 7 days after the day the cancellation takes effect.\n\nIssue of self-insurer licence by regulator Division 10.1\nSection 84A\nDivision 10.1 Issue of self-insurer licence by\n","sortOrder":52},{"sectionNumber":"84A","sectionType":"section","heading":"Application for self-insurer licence—Act, s 145U (a)","content":"84A Application for self-insurer licence—Act, s 145U (a)\n(1) An application for a self-insurer licence by an employer\n(the applicant) must contain or be accompanied by the following:\n(a) if the applicant is applying for a corresponding self-insurer\nlicence—include evidence of the application;\n(b) if the applicant has a corresponding self-insurer licence—\ninclude evidence of the self-insurer licence and any conditions\non the licence;\n(c) evidence that the applicant has unlimited reinsurance for a single\nevent to cover the applicant’s existing and expected liability\nunder the Act;\n(d) a copy of the applicant ’s audited financial statements (or, if it is\nnot available, equivalent information) for each of the previous\n3 years;\n(e) an actuarial report in accordance with subsection (3);\n(f) a guarantee from an authorised deposit-taking institution in\nfavour of the DI fund for the guaranteed amount in a form that\ncomplies with any protocol relating to applying for a licence;\nNote The guaranteed amount is defined in s (4).\n(g) evidence that the applicant has in place an occupational health\nand safety management system that complies with any\nAustralian or New Zealand standards in relation to safety\nmentioned in a protocol relating to applying for a licence;\n(h) any other information or evidence mentioned in a protocol\nrelating to applying for a licence.\n\n","sortOrder":53},{"sectionNumber":"Div 10","sectionType":"division","heading":"1 Issue of self-insurer licence by regulator","content":"Division 10.1 Issue of self-insurer licence by regulator\nSection 84A\npage 38 Workers Compensation Regulation 2002\n(2) The regulator may, in writing, require further evidence from an\napplicant that demonstrates the applicant—\n(a) is financially and prudentially sound; or\n(b) will be able to meet any obligations as an insurer under the Act\nin relation to injury management programs and personal injury\nplans.\n(3) For subsection (1) (e), the actuarial report must contain an estimate\nof the following information as if the applicant were a licensed\nself-insurer at the time of the application:\n(a) the applicant’s existing outstanding liability in relation to\ncompensable injuries;\n(b) the applicant’s expected liability each year for the 2-year period\nbeginning on the day the applicant applies for the licence;\n(c) the total expected payments in satisfaction of the applicant’s\nliability for compensable injuries likely to be made each year for\nthe 2-year period beginning on the day the applicant applies for\nthe licence.\n(4) For subsection (1) (f), the guaranteed amount is the greater of—\n(a) $1 000 000; and\n(b) an amount calculated by an actuary to be the estimate of\noutstanding claims liability at the balance date, plus a prudential\nmargin of 50%.\n(5) In this section:\ncorresponding self-insurer licence means a self-insurer licence\nunder a State law that has the same effect, or substantially the same\neffect, as a self-insurer licence under the Act.\n\nSelf-insurer licence conditions Division 10.2\nSection 84B\n","sortOrder":54},{"sectionNumber":"84B","sectionType":"section","heading":"Criteria for issuing self-insurer licence—Act, s 145U (b)","content":"84B Criteria for issuing self-insurer licence—Act, s 145U (b)\nThe regulator may issue a self-insurer licence to the applicant only if\nsatisfied—\n(a) the applicant for the licence—\n(i) is financially and prudentially sound; and\n(ii) if licensed, will—\n(A) be able to meet the applicant’s existing and expected\nliabilities as a self-insurer under the Act; and\n(B) be able to meet the applicant’s obligations as a\nself-insurer under the Act in relation to injury\nmanagement programs and personal injury plans; and\n(C) be able to comply with the applicant’s health and\nsafety duties under the Work Health and Safety\nAct 2011; and\n(D) comply with the conditions on the self-insurer\nlicence; and\n(b) the issue of the self-insurer licence will not adversely affect the\noperation of the workers compensation scheme under the Act.\n","sortOrder":55},{"sectionNumber":"85","sectionType":"section","heading":"Licensed self-insurer to have reinsurance—Act,","content":"85 Licensed self-insurer to have reinsurance—Act,\nIt is a condition of a self-insurer licence that the employer maintain\nunlimited reinsurance for a single event to cover the self-insurer’s\nexisting and expected liability under the Act.\n\nSection 86\npage 40 Workers Compensation Regulation 2002\n","sortOrder":56},{"sectionNumber":"86","sectionType":"section","heading":"Information about workers compensation, vocational","content":"86 Information about workers compensation, vocational\nrehabilitation and occupational health and safety—Act,\n(1) It is a condition of a self-insurer licence that the employer give the\nregulator information, requested in writing by the regulator, about\nworkers compensation, vocational rehabilitation and occupational\nhealth and safety related to the employer.\n(2) Information requested from a self-insurer in writing by the regulator\nmust be reasonably necessary to allow the regulator to assess the\nemployer’s continuing suitability to be a licensed self-insurer.\n","sortOrder":57},{"sectionNumber":"87","sectionType":"section","heading":"Record keeping by licensed self-insurers—Act, s 145U (d)","content":"87 Record keeping by licensed self-insurers—Act, s 145U (d)\n(1) It is a condition of a self-insurer licence that the employer must keep\nrecords about the employer’s policies, processes and decisions for the\nprovision of an insurer service, in accordance with any protocol\nrelating to the keeping of records.\n(2) A record mentioned in subsection (1) must be kept for not less than\n5 years after the day the record is made.\n","sortOrder":58},{"sectionNumber":"88","sectionType":"section","heading":"Action if rehabilitation provider’s approval suspended or","content":"88 Action if rehabilitation provider’s approval suspended or\nrevoked—Act, s 145U (c)\nIt is a condition of a self-insurer licence that the employer must\narrange for another rehabilitation provider to be responsible for a\nworker’s vocational rehabilitation under a personal injury plan if—\n(a) the approval of the rehabilitation provider responsible for the\nworker’s rehabilitation under the plan has been suspended or\nrevoked; and\n(b) the employer is responsible for the personal injury plan for the\n\nAction against licensed self-insurers Division 10.3\nSection 89\n","sortOrder":59},{"sectionNumber":"89","sectionType":"section","heading":"Self-insurer to provide information and pay costs of","content":"89 Self-insurer to provide information and pay costs of\naudit—Act, s 145U (c) and (f)\nIt is a condition of a self-insurer licence that the self-insurer, for an\naudit under part 10A—\n(a) complies with the reasonable requirements of the person\nconducting the audit; and\n(b) allows the person conducting the audit access to the information\nreasonably required to conduct the audit; and\n(c) pays reasonable fees and reasonable expenses for the audit.\nNote The Minister may approve a protocol about how a person who is subject\nto an audit must participate in the audit (see s 101 (2) (b)).\n90 Self-insurer to maintain bank guarantee—Act, s 145U (c)\nIt is a condition of a self-insurer licence that the employer maintain a\nbank guarantee in accordance with section 84A (1) (f).\n","sortOrder":60},{"sectionNumber":"91","sectionType":"section","heading":"Self-insurer to maintain occupational health and safety","content":"91 Self-insurer to maintain occupational health and safety\nmanagement system—Act, s 145U (c)\nIt is a condition of a self-insurer licence that the employer maintain\nan occupational health and safety management system that complies\nwith an Australian/New Zealand Standard on occupational health and\nsafety referred to in a protocol relating to applying for a licence.\n","sortOrder":61},{"sectionNumber":"92","sectionType":"section","heading":"Notice of proposed action against licensed self-insurer","content":"92 Notice of proposed action against licensed self-insurer\n(1) Before taking proposed action in relation to a self-insurer, the\nregulator must give the licensed self-insurer written notice in\naccordance with subsection (2).\n(2) Written notice to a self-insurer must state the following:\n(a) the proposed action;\n\nSection 93\npage 42 Workers Compensation Regulation 2002\n(b) the grounds for the proposed action;\n(c) the self-insurer may make written representations, within a\nstated period of not less than 14 days after the day the\nself-insurer is given the notice, about why the proposed action\nshould not be taken.\nproposed action means—\n(a) action under section 93 (2); or\n(b) action to cancel a self-insurer licence under section 95.\n","sortOrder":62},{"sectionNumber":"93","sectionType":"section","heading":"Action other than cancellation of self-insurer licence—","content":"93 Action other than cancellation of self-insurer licence—\nAct, s 223 (2) (h)\n(1) This section applies to a self-insurer if—\n(a) the self-insurer—\n(i) contravenes the Act, section 112 (Compliance by insurers,\nincluding DI fund) or another provision of the Act; or\n(ii) is unable to meet the self-insurer’s existing and expected\nliabilities under the Act; or\n(iii) no longer has unlimited reinsurance for a single event to\ncover the self-insurer’s expected liability under the Act; or\n(iv) does not have the guarantee from an authorised\ndeposit-taking institution mentioned in section 84A (1) (f);\nor\n(v) fails to comply with a condition on the self-insurer licence;\nand\n(b) the regulator has given the self-insurer notice under section 92.\n\nAction against licensed self-insurers Division 10.3\nSection 94\n(2) After considering any written representation made by the licensed\nself-insurer within the period for representations stated in the notice,\nthe regulator may—\n(a) do 1 or more of the following:\n(i) order the licensed self-insurer to pay to the Territory a\nfinancial penalty of not more than $1 000;\n(ii) impose a condition on the self-insurer licence (for example,\nby including of a condition providing for increased\nsupervision of the licensed self-insurer by the regulator);\n(iii) censure the self-insurer;\n(iv) order the self-insurer to take remedial action; or\n(b) suspend the self-insurer licence for not longer than the period.\n(3) The regulator must tell the licensed self-insurer, in writing, about the\ndecision—\n(a) if the decision is to take action other than suspension—by giving\nthe licensed self-insurer a reviewable decision notice; or\n(b) if the decision is to suspend the self-insurer’s self-insurer\nlicence—in accordance with section 95.\n","sortOrder":63},{"sectionNumber":"94","sectionType":"section","heading":"Cancellation of self-insurer licence—Act, s 145U (g)","content":"94 Cancellation of self-insurer licence—Act, s 145U (g)\n(1) This section applies to a licensed self-insurer if—\n(a) a matter mentioned in section 93 (1) (a) applies to the\nself-insurer; and\n(b) the regulator has taken action under section 93 (2), but the matter\ncontinues or is repeated; and\n(c) the regulator gives notice under section 92 that the regulator\nproposes to cancel the self-insurer licence.\n\nSection 95\npage 44 Workers Compensation Regulation 2002\n(2) After considering any written representation made by the licensed\nself-insurer within the period for representations stated in the notice,\nthe regulator may—\n(a) do 1 or more of the things mentioned in section 93 (2); or\n(b) cancel the self-insurer licence.\n(3) The regulator must tell the self-insurer, in writing, about the\ndecision—\n(a) if the decision is to take action other than suspension or\ncancellation—by giving the self-insurer a reviewable decision\nnotice; or\n(b) if the decision is to suspend or cancel the self-insurer licence—\nin accordance with section 95.\n","sortOrder":64},{"sectionNumber":"95","sectionType":"section","heading":"Cancellation or suspension of self-insurer licence by","content":"95 Cancellation or suspension of self-insurer licence by\nregulator—Act, s 145U (g)\n(1) If the regulator decides to suspend or cancel a self-insurer’s\nself-insurer licence the regulator must give written notice of the\ndecision to the self-insurer, including when the suspension or\ncancellation takes effect.\nNote The regulator’s notice must comply with the requirements of the Act,\ns 199A.\n(2) A suspension or cancellation must not take effect earlier than 7 days\nafter the day the self-insurer is told about the decision.\n(3) If the regulator suspends a self-insurer licence, the self-insurer is,\nduring the suspension—\n(a) taken not to be a licensed self-insurer; and\n(b) disqualified from applying for another self-insurer licence.\n(4) The regulator may, at any time, by written notice to the self-insurer,\nend or reduce the period of suspension of the self-insurer licence.\n\nCompliance and financial audits Part 10A\nSection 95A\n","sortOrder":65},{"sectionNumber":"95A","sectionType":"section","heading":"Compliance audits—Act, s 145J (d) and (f) and s 145U (d)","content":"95A Compliance audits—Act, s 145J (d) and (f) and s 145U (d)\n(1) The regulator may direct a compliance auditor to conduct a\ncompliance audit of—\n(a) a licensed insurer; or\n(b) a licensed self-insurer.\n(2) The compliance auditor must—\n(a) conduct the compliance audit in accordance with any protocol\napproved by the regulator for the audit; and\n(b) provide a written report to the regulator and the person audited,\nwithin the time set by the regulator.\nNote The person audited must comply with the requirements of the person\nconducting the audit (see s 73 and s 89).\ncompliance audit means an audit of—\n(a) compliance with the Act and this regulation; and\n(b) for a licensed insurer—compliance with the conditions, under\ndivision 9.2, of a licence; and\n(c) for a self-insurer—compliance with the conditions, under\ndivision 10.2, of a self-insurer licence; and\n(d) compliance with a relevant protocol approved under\nsection 101.\ncompliance auditor means a person appointed under section 95C to\nconduct a compliance audit.\n\nSection 95B\npage 46 Workers Compensation Regulation 2002\n","sortOrder":66},{"sectionNumber":"95B","sectionType":"section","heading":"Financial audits—Act, s 145J (d) and (f) and s 145U (d)","content":"95B Financial audits—Act, s 145J (d) and (f) and s 145U (d)\n(1) The regulator may direct a financial auditor to conduct a financial\naudit of—\n(a) a licensed insurer; or\n(b) a licensed self-insurer.\n(2) The financial auditor must—\n(a) conduct the financial audit in accordance with any protocol\napproved by the Minister for the audit; and\n(b) provide a written report to the regulator and the person audited,\nwithin the time set by the regulator.\nNote The person audited must comply with the requirements of the person\nconducting the audit (see s 73 and s 89).\nfinancial audit means an audit of—\n(a) financial and prudential soundness; and\n(b) the ability to meet existing and expected liabilities under the\nAct.\nfinancial auditor means a person appointed under section 95C to\nconduct a financial audit.\n","sortOrder":67},{"sectionNumber":"95C","sectionType":"section","heading":"Appointment of auditors","content":"95C Appointment of auditors\n(1) The regulator may—\n(a) appoint a suitably qualified person as a compliance auditor to\nconduct compliance audits under section 95A; and\n(b) appoint an auditor as a financial auditor to conduct financial\naudits under section 95B.\n\nCompliance and financial audits Part 10A\nSection 95C\n(2) A person appointed under subsection (1) must be appointed for not\nlonger than 3 years.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n\nSection 96\npage 48 Workers Compensation Regulation 2002\n96 Diseases related to employment\nFor the Act, section 28 (Employment-related diseases), a disease of a\nkind mentioned in an item in schedule 1, column 2 is related to\nemployment of a kind mentioned in the item, column 3.\n98 Reviewable decision—Act, s 199 (b)\nA decision mentioned in schedule 3, part 3.1, column 3, under a\nprovision mentioned in column 2 in relation to the decision, is\nprescribed.\n98A Notice of reviewable decision—Act, s 199A (1)\nAn entity mentioned in schedule 3, part 3.1, column 4 in relation to a\ndecision is prescribed for the decision.\n98B Internal review of certain decisions—Act, s 199B (1)\nA reviewable decision mentioned in schedule 3, part 3.2, column 3\nunder a provision mentioned in column 2 in relation to the decision,\nis declared to be an internally reviewable decision.\n99 Court approved termination\n(1) This section applies if an insurer intends to apply to the Magistrates\nCourt under the Act, section 132 (Rejecting claims from 1 year) for\nleave to end payments of weekly compensation to a worker.\nNote An insurer must apply to the Magistrates Court if the insurer wants to end\npayments of compensation 1 year or longer after the claim is made (see\nAct, s 132).\n(2) The insurer must give the worker notice of the insurer’s intention to\napply to the Magistrates Court for leave.\n\nMiscellaneous Part 11\nSection 100\n(3) The insurer must give a copy of a notice under subsection (2) to the\nDI fund manager as soon as practicable.\nMaximum penalty: 5 penalty units.\n(4) An offence against this section is a strict liability offence.\n(5) If the Magistrates Court is satisfied that the worker is not entitled to\nreceive weekly compensation, the court must give leave to the insurer\nto end payment of the compensation to the worker after a stated day\nthat is at least 8 weeks after the day the insurer gave the worker notice\nunder subsection (2).\n","sortOrder":68},{"sectionNumber":"100","sectionType":"section","heading":"Approved protocols about certain documents and","content":"100 Approved protocols about certain documents and\ninformation\n(1) The Minister may approve a protocol about the requirements for or\ncontents of—\n(a) a form for a claim; or\n(b) the register; or\n(c) an injury notice; or\n(d) any other document (other than approved forms) mentioned in\nthe Act.\n(2) The Minister may approve a protocol about the form in which\ninformation required under the Act or this regulation must be given.\n(3) An approved protocol is a notifiable instrument.\ninjury notice—see the Act, section 93 (Early notification of\nworkplace injury).\nregister—see the Act, section 92 (Register of injuries).\n\nSection 101\npage 50 Workers Compensation Regulation 2002\n","sortOrder":69},{"sectionNumber":"101","sectionType":"section","heading":"Approved protocols for licensed insurers and licensed","content":"101 Approved protocols for licensed insurers and licensed\nself-insurers—Act, s 223 (2) (k)\n(1) If a person is required or authorised to do something under the Act or\nthis regulation, the Minister may approve a protocol about how the\nperson must do the thing.\n(2) Without limiting subsection (1), the Minister may approve a protocol\nabout—\n(a) how payments by a licensed insurer or licensed self-insurer to\nthe DI fund required under the Act or this regulation must be\nmade; and\n(b) how a person subject to an audit under part 10A must participate\nin the audit; and\n(c) how any of the following required under the Act or this\nregulation must be given:\n(i) information in relation to a compulsory insurance policy;\n(ii) information in relation to payments by a licensed insurer or\nlicensed self-insurer to the DI fund, including information\nrequired to be given by a licensed insurer to an employer\nunder section 62A (Required information from employer\nin policy).\n(3) An approved protocol is a notifiable instrument.\n\n","sortOrder":70},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Diseases related to","content":"Schedule 1 Diseases related to\n(see s 96)\nNote This table is derived from Deemed Diseases in Australia published by\nSafe Work Australia in August 2015. The report is accessible at\nwww.safeworkaustralia.gov.au.\nPart 7 of the report includes recommended guidance material on each\ndisease itemised in the table. The material provides guidance on\nwhether or not a claim might be appropriate given the current\nknowledge about the disease and its relationship to relevant exposures.\nitem\nINFECTIOUS DISEASE\n1 Anthrax employment involving work with\nexample employment as an\nanimal handler, pelt handler,\nabattoir worker, or meat\ninspector)\n2 Brucellosis employment involving work with\nexample employment as a\nveterinarian, farmer or farm\nworker, abattoir worker or\nlaboratory worker)\n\npage 52 Workers Compensation Regulation 2002\nitem\n3 Hepatitis A employment involving contact\nwith human waste (for example\nemployment as a child care\nworker, carer of intellectually\ndisabled people, worker in a rural\nor remote indigenous community,\nsewage worker or plumber)\n4 Hepatitis B and C employment involving contact\nworker)\n5 HIV/AIDS health care worker or laboratory\nworker who becomes HIV\npositive after a needlestick injury\n6 Leptospirosis employment involving work with\nexample employment as a farmer\nor farm worker, abattoir worker,\nforestry worker, hunter,\nveterinarian or livestock transport\noperator) or work with animal or\nhuman waste (for example\nemployment as a plumber)\n\nitem\n","sortOrder":71},{"sectionNumber":"7","sectionType":"section","heading":"Orf employment involving work with","content":"7 Orf employment involving work with\nsheep or sheep carcasses (for\nexample employment as a sheep\nfarmer or farm worker, goat\nfarmer or farm worker, abattoir\nworker or meat inspector)\n","sortOrder":72},{"sectionNumber":"8","sectionType":"section","heading":"Q fever employment involving contact","content":"8 Q fever employment involving contact\nwith animals or animal parts in a\nrural setting (for example an\nabattoir worker, stock worker,\nstock transporter, shearer, hide\nprocessor, farmer or veterinary\npractitioner)\n","sortOrder":73},{"sectionNumber":"9","sectionType":"section","heading":"Tuberculosis employment involving contact","content":"9 Tuberculosis employment involving contact\nwith people or animals in\nsituations where tuberculosis\nprevalence is likely to be\nsignificantly higher than the\ngeneral community (for example\nemployment as a health worker,\nclinical laboratory worker, funeral\nparlour staff, farmer or veterinary\npractitioner), or person with\nsilicosis\nMALIGNANCY\n10 Salivary gland employment involving exposure\n\npage 54 Workers Compensation Regulation 2002\nitem\n11 Nasopharynx employment involving exposure\nto formaldehyde or wood dust\n12 Oesophagus employment involving exposure\n13 Stomach employment involving exposure\n14 Colon and rectum employment involving exposure\n15 Liver employment involving exposure\nto vinyl chloride monomer,\nHepatitis B virus or Hepatitis C\nvirus\n16 Nasal cavity and\npara-nasal sinuses\nto ionizing radiation, leather dust,\nnickel or wood dust\n17 Larynx employment involving exposure\nto strong inorganic acid mist or\nasbestos\n\nitem\n18 Lung employment involving exposure\nto arsenic, asbestos, beryllium,\nbis(chloromethyl)ether, cadmium,\nchromium VI, diesel engine\nexhaust, environmental tobacco\nsmoke, ionizing radiation, nickel,\npolycyclic aromatic hydrocarbons,\nRadon-222 and its decay products,\nsilica dust (crystalline) or soot\n(chimney sweeping)\n19 Bone employment involving exposure\n20 Skin (melanoma) employment involving exposure\nto solar radiation or\npolychlorinated biphenyls\n21 Skin (non-melanoma) employment involving exposure\nto ionizing radiation, polycyclic\naromatic hydrocarbons or solar\nradiation\n22 Mesothelioma employment involving exposure\n23 Breast (female) employment involving exposure\n24 Ovary employment involving exposure\n\npage 56 Workers Compensation Regulation 2002\nitem\n25 Kidney employment involving exposure\nto ionizing radiation or\ntricholoroethylene\n26 Bladder employment involving exposure\nto 2-naphthylamine, benzidine,\ncyclophosphamide, ionizing\nradiation, ortho-toluidine,\npolycyclic aromatic hydrocarbons\nassociated with aluminium\nproduction\n27 Brain employment involving exposure\n28 Thyroid employment involving exposure\n29 Leukaemia (excluding\nchronic lymphatic\nleukaemia)\nto benzene, butadiene,\ncyclophosphamide, formaldehyde,\nHepatitis C virus or ionizing\nradiation\n30 Non-Hodgkin's\nLymphoma\nDISEASES OF THE\nNERVOUS SYSTEM\n31 Parkinson's disease employment involving exposure\nto manganese\n\nitem\n32 Peripheral neuropathy employment involving exposure\nto metals (for example lead,\nmercury and arsenic), organic\nsolvents (for example n-hexane,\ncarbon disulphide and\ntrichloroethylene), pesticides (for\nexample organophosphates) or\nacrylamide\n33 Noise induced hearing loss employment involving exposure\nto persistent or intermittent noise\nabove 85dB(A)\nRESPIRATORY\nDISEASES\n34 Occupational asthma\n(excluding pre-existing\nasthma worsened due to\nexposure to workplace\nirritants)\nto sensitising agents or irritants\n35 Coal workers'\npneumoconiosis\nto coal\n36 Asbestosis employment involving exposure\n37 Silicosis employment involving exposure\nto silica\n\npage 58 Workers Compensation Regulation 2002\nitem\n38 Other pneumoconiosis involving exposure known to\noccasionally cause\npneumoconiosis (for example\nberyllium, tin, iron oxide, barium,\naluminium, cobalt or tungsten)\n39 Byssinosis employment involving exposure\nto cotton, flax, hemp or sisal dust\n40 Extrinsic allergic alveolitis employment involving exposure\nto damp material of biological\norigin (for example mouldy hay,\nstraw, grain and feathers)\nHEPATIC DISEASES\n41 Non-infectious hepatitis employment involving exposure\nto agents known to cause hepatitis\n(particularly organic solvents)\n\nitem\n42 Chronic active hepatitis employment involving contact\nworker) – for a person with\nknown Hepatitis B Virus (HBV)\nor Hepatitis C Virus (HCV),\nwhere the HBV or HCV was\ncontracted through the\n\npage 60 Workers Compensation Regulation 2002\nitem\n43 Hepatic cirrhosis employment involving contact\nworker) – for a person with\nknown Hepatitis B Virus (HBV)\nor Hepatitis C Virus (HCV),\nwhere the HBV or HCV was\ncontracted through the\nSKIN DISEASES\n","sortOrder":74},{"sectionNumber":"44","sectionType":"section","heading":"Contact dermatitis (irritant","content":"44 Contact dermatitis (irritant\nand allergic)\nto sensitising agents or irritants\n45 Occupational vitiligo employment involving exposure\nto para-tertiary-butylphenol,\npara-tertiary-butylcatechol,\npara-amylphenol, hydroquinone,\nor the monobenzyl or monobutyl\nether of hydroquinone\n\nitem\nMUSCULOSKELETAL\nDISEASES\n46 Raynaud's disease employment involving exposure\nto vibration from powered tools\nand equipment\n","sortOrder":75},{"sectionNumber":"47","sectionType":"section","heading":"Bursitis (at the elbow or","content":"47 Bursitis (at the elbow or\nknee)\nemployment involving prolonged\nexternal friction or pressure or\nrepetitive motion at or about the\nelbow or the knee\nACUTE\nPOISONING/TOXICITY\n","sortOrder":76},{"sectionNumber":"48","sectionType":"section","heading":"Acute poisoning/toxicity","content":"48 Acute poisoning/toxicity\n(includes acute damage to\nthe heart, lungs, liver,\nkidney, nervous system\nand blood)\nto acrylonitrile, alcohols,\nantimony, arsenic, benzene,\nberyllium, cadmium, carbon\ndisulphide, chromium, copper,\nfluorine, glycols, hexane, ketones,\nlead, manganese, mercury,\nmineral acids, nitroglycerine or\nother nitric acid esters, osmium,\noxides of nitrogen, ozone,\npesticides consisting of\norganophosphate and\norganochlorine compounds,\nherbicides and related\ncompounds, pharmaceutical\nagents, phosgene, phosphorus,\nselenium, styrene, thallium, tin,\ntoluene, vanadium, zinc,\n\npage 62 Workers Compensation Regulation 2002\nitem\nchemical asphyxiants (for\nexample carbon monoxide,\nhydrogen cyanide, hydrogen\nsulphide or methylene chloride),\nbenzoquinone and other corneal\nirritants, toxic halogen derivatives\nof aliphatic or aromatic\nhydrocarbons, toxic nitro- and\namino-derivatives of benzene, and\nother less common, specific\nsubstances known to result in\npoisoning/toxicity that have not\nbeen named here\n\nReviewable decisions Schedule 3\nReviewable decisions Part 3.1\nSchedule 3 Reviewable decisions\n(see s 98, s 98A and s 98B)\nPart 3.1 Reviewable decisions\nitem\n1 Act, 18 (3) refuse to exempt\nprincipal from\ns 18 (2) (which\nmakes\ncommercial\nvolunteers\nworkers)\nexemption\n2 Act, 145D (1) (b) refuse to issue\n3 Act, 145E (2) (a) include regulator\ncondition on issue\nof insurer licence\n4 Act, 145E (2) (b) amend insurer\nlicence to include\n5 Act, 145E (3) amend or revoke\nincluded on\n6 Act, 145O (1) refuse to issue\n7 Act, 145P (2) (a) include regulator\ncondition on issue\nof self-insurer\n\nSchedule 3 Reviewable decisions\nPart 3.1 Reviewable decisions\npage 64 Workers Compensation Regulation 2002\nitem\n8 Act, 145P (2) (b) amend\nlicence to include\n9 Act, 145P (3) amend or revoke\nincluded on\n10 Act, 149 (4) determine\nrecovery amount\nemployer regulator\n11 Act, 162A (3) determine\nrecovery amount\nemployer regulator\n12 Act, 164D (2) take regulatory\naction\nlicensee regulator\n13 16 (1) refuse to approve\nperson as\nrehabilitation\nprovider\napproval\n14 16 (2) approve\nrehabilitation\nprovider for less\nthan 3 years\napproval\n15 81 (2) take action\nagainst licensed\ninsurer\n16 82 (2) cancel insurer\n17 93 (2) take action\nagainst licensed\n\nReviewable decisions Schedule 3\nInternally reviewable decisions Part 3.2\nitem\n18 94 (2) cancel self-insurer\n","sortOrder":77},{"sectionNumber":"Part 3","sectionType":"part","heading":"2 Internally reviewable decisions","content":"Part 3.2 Internally reviewable decisions\nitem\ndecision-maker\n1 Act, 149 (4) determine recovery amount regulator\n2 Act, 162A (3) determine recovery amount regulator\n\npage 66 Workers Compensation Regulation 2002\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACT\n• AS/NZS (see s 164 (2))\n• authorised deposit-taking institution\n• contravene\n• doctor\n• director-general (see s 163)\n• fail\n• nurse\n• Minister (see s 162)\n• penalty unit (see s 133)\n• reviewable decision notice\n• the Territory.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Workers Compensation Act 1951 (see Legislation Act, s 148.) For\nexample, the following terms are defined in the Workers Compensation\nAct 1951, dict:\n• approved rehabilitation provider (see s 139 (1))\n• asbestos-related disease\n• auditor\n• committee\n• compensable injury\n• compensation\n• compulsory insurance policy\n• cpi indexed (see s 20)\n• DI fund\n• DI fund manager\n• disease\n• imminently fatal asbestos-related disease\n\n• injured worker\n• injury management\n• injury management plan\n• insurer licence (see s 143A)\n• licensed insurer (see s 143A)\n• licensed self-insurer (see s 143A)\n• medical referee\n• nominated treating doctor\n• personal injury plan (see s 85A)\n• protocol\n• self-insurer licence (see s 143A)\n• weekly compensation\n• workplace injury.\napproved medical guidelines means medical guidelines approved\nunder section 5 (Approval of medical guidelines).\narbitration means arbitration under the Act.\naudit, under part 10A, means—\n(a) a compliance audit conducted under section 95A; or\n(b) a financial audit conducted under section 95B.\nclinically relevant research—see section 6.\nconciliation means conciliation under the Act.\nemployer—\n(a) see the Act, dictionary; or\n(b) for part 8 (Compulsory insurance policies—contents)—see\nsection 59.\nevidence-based methodology—see section 8.\n\npage 68 Workers Compensation Regulation 2002\ninsurer—\n(a) see the Act, dictionary; or\n(b) for part 8 (Compulsory insurance policies—contents)—see\nsection 59.\nmedical evidence, for an injured worker, means a record (however\ndescribed) made in relation to the worker’s injury by—\n(a) a doctor; or\n(b) a rehabilitation provider; or\n(c) a dentist, chiropractor, psychologist, masseur, osteopath,\nphysiotherapist, remedial kinesiologist or speech therapist.\nmedical specialist means a doctor—\n(a) with specialist qualifications and experience in medicine\nrecognised by the relevant Australian specialist medical college;\nand\n(b) who practises within the specialty.\nspecialist medical college means a specialist medical college\nrecognised by the National Specialist Qualification Advisory Council\nof Australia.\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\nAbout the endnotes 1\n","sortOrder":78},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 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.\n","sortOrder":79},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 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\npage 70 Workers Compensation Regulation 2002\nThis regulation was originally the Workers Compensation Regulations 2002. It was\nrenamed under the Legislation Act 2001.\nWorkers Compensation Regulation 2002 SL2002-20\nnotified LR 28 June 2002\ns 1, s 2 commenced 28 June 2002 (LA s 75)\nremainder commenced 1 July 2002 (s 2)\nas amended by\nWorkers Compensation Amendment Regulations 2002 (No 1)\nSL2002-29\nnotified LR 25 October 2002\ns 1, s 2 commenced 25 October 2002 (LA s 75 (1))\nremainder commenced 26 October 2002 (s 2)\nWorkers Compensation Amendment Act 2003 (No 2) A2003-49 sch 2\npt 2.2\nnotified LR 3 December 2003\ns 1, s 2 commenced 3 December 2003 (LA s 75 (1))\nsch 2 pt 2.2 commenced 5 April 2004 (s 2 and CN2004-7)\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 1 pt 1.11\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 1 pt 1.11 commenced 7 July 2005 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 and CN2005-11)\nWorkers Compensation Amendment Regulations 2004 (No 1)\nSL2004-27\nnotified LR 12 July 2004\ns 1, s 2 commenced 12 July 2004 (LA s 75 (1))\nremainder commenced 13 July 2004 (s 2)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.75\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.75 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\n\nLegislation history 3\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.74\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.74 commenced 2 June 2005 (s 2 (1))\nWorkers Compensation Amendment Regulation 2005 (No 1)\nSL2005-43\nnotified LR 22 December 2005\ns 1, s 2 commenced 22 December 2005 (LA s 75 (1))\nremainder commenced 23 December 2005 (s 2)\nWorkers Compensation Amendment Act 2006 A2006-4 sch 2 pt 2.4\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 July 2006 (s 2 (2))\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.63\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.63 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.110\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.110mmenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.15\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.15 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51, s 2 (1) (b) and CN2009-11)\nWorkers Compensation Amendment Act 2009 A2009-56 pt 3\nnotified LR 16 December 2009\ns 1, s 2 commenced 16 December 2009 (LA s 75 (1))\ns 50, s 51 commenced 1 July 2010 (s 2 (1))\npt 3 remainder commenced 17 December 2009 (s 2 (2))\n\npage 72 Workers Compensation Regulation 2002\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.23\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.23 commenced 1 July 2010 (s 2 (1) (a))\nWorkers Compensation Amendment Regulation 2010 (No 1)\nSL2010-17\nnotified LR 20 May 2010\ns 1, s 2 commenced 20 May 2010 (LA s 75 (1))\nremainder commenced 21 May 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.178\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.178 commenced 1 July 2011 (s 2 (1))\nWorkers Compensation Amendment Regulation 2011 (No 1)\nSL2011-27\nnotified LR 1 September 2011\ns 1, s 2 commenced 1 September 2011 (LA s 75 (1))\nremainder commenced 2 September 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.13\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.13 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.57\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.57 commenced 5 June 2012 (s 2 (1))\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.24\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.24 commenced 10 June 2014 (s 2 (1))\n\nLegislation history 3\nWorkers Compensation Amendment Regulation 2014 (No 1)\nSL2014-36\nnotified LR 19 December 2014\ns 1, s 2 commenced 19 December 2014 (LA s 75 (1))\nremainder commenced 20 December 2014 (s 2)\nLifetime Care and Support (Catastrophic Injuries) Amendment\nAct 2016 A2016-25 sch 1 pt 1.2\nnotified LR 12 May 2016\ns 1, s 2 commenced 12 May 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 13 May 2016 (s 2)\nWorkers Compensation Amendment Act 2016 (No 2) A2016-27 pt 3\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\npt 3 commenced 1 July 2017 (s 2)\nRoad Transport (Taxi Industry Innovation) Legislation Amendment\nRegulation 2016 (No 1) SL2016-20 sch 1 pt 1.7\nnotified LR 26 July 2016\ns 1, s 2 commenced 26 July 2016\nsch 1 pt 1.7 commenced 1 November 2016 (s 2 (2))\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.10\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 July 2017 (s 1B and CN2017-1)\nWorkers Compensation Amendment Act 2017 A2017-49 pt 3\nnotified LR 12 December 2017\ns 1, s 2 taken to have commenced 1 July 2017 (LA s 75 (2))\npt 3 commenced 13 December 2017 (s 2 (2))\nVeterinary Practice Act 2018 A2018-32 sch 3 pt 3.16\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nsch 3 pt 3.16 commenced 21 December 2018 (s 2 and CN2018-12)\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.11\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.11 commenced 30 April 2020 (s 2 (1) and LA s 79)\n\npage 74 Workers Compensation Regulation 2002\nEmployment and Workplace Safety Legislation Amendment Act 2020\nA2020-30 sch 1 pt 1.3 (as am by A2020-42 s 70)\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 9 January 2021 (s 2 (2) (as am by A2020-42\ns 70) and 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.\nWorkers Compensation Amendment Regulation 2020 (No 1)\nSL2020-40\nnotified LR 10 September 2020\ns 1, s 2 commenced 10 September 2020 (LA s 75 (1))\nremainder commenced 11 September 2020 (s 2)\nWorkers Compensation Amendment Regulation 2021 (No 1)\nSL2021-29\nnotified LR 24 November 2021\ns 1, s 2 commenced 24 November 2021 (LA s 75 (1))\nremainder commenced 25 November 2021 (s 2)\nWorkers Compensation Amendment Regulation 2022 (No 1) SL2022-4\nnotified LR 31 March 2022\ns 1, s 2 commenced 31 March 2022 (LA s 75 (1))\ns 6, s 8, s 11, s 15 commenced 1 June 2022 (s 2 (2))\nremainder commenced 1 April 2022 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.107, sch 4\npt 4.195\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.107, sch 4 pt 4.195 commenced 26 November 2025 (s 2 (3),\n(9))\n\nName of regulation\ns 1 am R8 LA\nOffences against regulation—application of Criminal Code etc\ns 2 om LA s 89 (4)\nins A2003-49 amdt 2.44\ns 3 am SL2022-4 s 4\nNotes\ns 4 (2), (3) exp 1 July 2004 (s 4 (3))\nRegular contractors and casuals—Act, s 11 (2) (c)\ns 4A ins SL2016-20 amdt 1.49\nApproval of medical guidelines\ns 5 am A2006-4 amdt 2.5; A2009-28 amdt 2.37; A2012-21\namdt 3.217; A2014-18 amdt 3.112, amdt 3.113;\nA2019-38 amdt 1.27; A2025-29 amdt 4.198\nApproval of clinically relevant research\ns 7 sub SL2002-29 s 4\nam A2012-21 amdt 3.217; A2014-18 amdts 3.114-3.117;\nA2025-29 amdt 4.198\nCalculation of total wages—Act, s 7A, def total wages\ns 8A ins A2009-56 s 50\nDoctor that may provide medical certificate for imminently fatal asbestos-\nrelated disease—Act, s 116 (2) (a)\ns 8B ins A2016-27 s 22\nUsing evidence-based methodology\ns 9 am A2016-27 s 23\nAssessment by medical specialist—request by other than nominated treating\ndoctor\ns 10 am SL2002-29 s 5; ss renum R2 LA (see SL2002-29 s 6);\nA2016-27 s 24\nConsultation about appointment of medical referees\ns 13 am A2006-4 amdt 2.6; A2009-28 amdt 2.37;\nA2019-38 amdt 1.27\nRehabilitation providers\npt 5 hdg sub A2009-56 s 51\nPreliminary\ndiv 5.1 hdg om A2009-56 s 51\n\npage 76 Workers Compensation Regulation 2002\nMinister may approve rehabilitation providers\ns 16 sub A2009-56 s 51\nApproval of rehabilitation providers\ndiv 5.2 hdg om A2009-56 s 51\nProcedure for approval of rehabilitation provider\ns 17 sub A2009-56 s 51\nFactors for approval as rehabilitation provider\ns 18 om A2009-56 s 51\nApplication for approval as rehabilitation provider\ns 19 om A2009-56 s 51\nWhen may Minister approve rehabilitation provider?\ns 20 om A2009-56 s 51\nConditions on rehabilitation providers\ndiv 5.3 hdg om A2009-56 s 51\nAbility to provide vocational rehabilitation\ns 21 om A2009-56 s 51\nQualifications of rehabilitation providers and their employees\ns 22 (4)-(6) exp 1 July 2003 (s 22 (6))\ntable renum R8 LA\nam A2004-39 amdt 1.47, amdt 1.48; A2010-10 amdt 2.131\ntable am A2010-10 amdts 2.132-2.134\nWritten records by rehabilitation providers\ns 23 om A2009-56 s 51\nElectronic records by rehabilitation providers\ns 24 table renum R8 LA\nGiving information by rehabilitation providers\ns 25 om A2009-56 s 51\nCompliance with protocol by rehabilitation providers\ns 26 om A2009-56 s 51\nEstablishing personal injury plan\ns 27 om A2009-56 s 51\nOther conditions on rehabilitation providers\ns 28 om A2009-56 s 51\nRole of approved rehabilitation provider and protocol\ndiv 5.4 hdg om A2009-56 s 51\n\nRole of approved rehabilitation provider—general\ns 29 om A2009-56 s 51\nRole of approved rehabilitation provider—establishing personal injury plan\ns 30 om A2009-56 s 51\nProtocol about vocational rehabilitation\ns 31 om A2009-56 s 51\nAction against rehabilitation providers\ndiv 5.5 hdg om A2009-56 s 51\nNotice of proposed action on rehabilitation provider’s approval\ns 32 om A2009-56 s 51\nAction other than revocation of rehabilitation provider’s approval\ns 33 am A2008-37 amdt 1.569\nRevocation of rehabilitation provider’s approval\ns 34 am A2008-37 amdt 1.570\nWhat if Minister decides to suspend or revoke rehabilitation provider’s\napproval?\ns 35 am A2006-4 amdt 2.7; A2008-37 amdt 1.571\nAppointment of conciliators\ns 36 am A2006-4 amdt 2.8; A2009-28 amdt 2.37; A2014-18 amdt\n3.118; SL2014-36 s 4; A2019-38 amdt 1.27\nWhen must conciliation be held?\ns 38 am SL2014-36 s 5\nAction by conciliator\ns 39 sub SL2014-36 s 6\nParticulars of matters in issue\ns 40 am A2008-28 amdt 3.176\nWho pays for conciliation?\ns 45 sub SL2002-29 s 7\nReview by Minister\ns 46 am SL2002-29 s 8\nexp 1 July 2006 (s 46 (3))\nProtocol about conciliation\ns 47 am SL2002-29 s 9; A2012-21 amdt 3.218; A2025-29\namdt 4.198\nWhen may application for arbitration be filed?\ns 48 sub SL2014-36 s 7\n\npage 78 Workers Compensation Regulation 2002\nCommercial Arbitration Act not apply\ns 49 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 49 am A2017-7 amdt 1.16\nRepresentative committee already in existence\ns 50 hdg bracketed note exp 1 July 2004 (s 4 (3))\nWhen must Magistrates Court arbitrate matter?\ns 51 hdg bracketed note exp 1 July 2004 (s 4 (3))\nCommittee may refer questions of law\ns 52 hdg bracketed note exp 1 July 2004 (s 4 (3))\nPowers of Magistrates Court on arbitration\ns 53 hdg bracketed note exp 1 July 2004 (s 4 (3))\nMedical referees\ns 54 hdg bracketed note exp 1 July 2004 (s 4 (3))\nProcedure on arbitration\ns 56 hdg bracketed note exp 1 July 2004 (s 4 (3))\nCosts\ns 57 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 57 am A2004-60 amdt 1.704\nClaim against arbitration award\ns 58 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 58 am A2004-60 amdt 1.705\nInsurer to tell employer about certain obligations\ns 62 sub SL2002-29 s 10\nam A2005-20 amdt 3.464; A2006-4 amdt 2.9; SL2021-29 s 4\nRequired information from employer in policy\ns 62A ins A2006-4 amdt 2.10\n(3)-(5) exp 1 July 2007 (s 62A (5) (LA s 88 declaration\napplies))\nLicensed insurers\npt 9 hdg sub SL2021-29 s 5\nLicensing of licensed insurers\ndiv 9.1 hdg sub SL2021-29 s 5; SL2022-4 s 5\nApplication for insurer licence—Act, s 145J (a)\ns 68 am SL2005-43 s 4; SL2011-27 s 4\nsub SL2021-29 s 5; SL2022-4 s 5\nApplications made but not decided before commencement of s 68\namendment\ns 68A ins SL2005-43 s 5\nexp 23 January 2006 (s 68A (4))\n\nCriteria for issuing insurer licence—Act, s 145J (b)\ns 69 am SL2011-27 s 5\nsub SL2021-29 s 5; SL2022-4 s 5\nParticulars of insurer licence—Act, s 145J (b)\ns 70 sub SL2021-29 s 5; SL2022-4 s 5\nConditions on insurers\ndiv 9.2 hdg sub SL2021-29 s 5; SL2022-4 s 6\nInsurer must have reinsurance—Act, s 145J (c)\ns 71 sub SL2021-29 s 5; SL2022-4 s 6\nInformation about ability to meet liabilities etc—Act, s 145J (c) and (g)\ns 72 am SL2011-27 s 6\nInsurer to provide information and pay costs of audit—Act, s 145J (c) and (f)\ns 73 sub SL2021-29 s 5; SL2022-4 s 6\nInsurer to provide information and pay costs of audit\ns 73A ins SL2011-27 s 7\nom SL2022-4 s 6\nInformation on working out premiums—Act, s 145J (c) and (e)\ns 74 sub SL2021-29 s 5; SL2022-4 s 6\nPrinciples for working out premiums—Act, s 145J (c)\ns 75 am A2016-25 amdt 1.16; ss renum R30 LA\nTime for information to be given—Act, s 145J (c) and (g)\ns 76 sub SL2021-29 s 5; SL2022-4 s 6\nRecord keeping by licensed insurers—Act, s 145J (d)\ns 77 sub SL2021-29 s 5; SL2022-4 s 6\nAction if rehabilitation provider’s approval suspended or revoked—Act,\ns 145J (c)\ns 78 sub SL2021-29 s 5; SL2022-4 s 6\nAction against insurers\ndiv 9.3 hdg sub SL2021-29 s 5; SL2022-4 s 6\nNotice of proposed action against licensed insurer\ns 79 am SL2011-27 s 8\nAction other than cancellation of insurer licence—Act, s 223 (2) (h)\ns 80 sub SL2021-29 s 5; SL2022-4 s 6\n\npage 80 Workers Compensation Regulation 2002\nCancellation of insurer licence—Act, s 145J (h)\ns 81 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 81 am A2006-4 amdt 2.11; A2008-37 amdt 1.572; A2014-18\namdt 3.119\nEffect of regulator suspension or cancellation of insurer licence—Act,\ns 145J (h)\ns 82 am A2006-4 amdt 2.12; A2008-37 amdt 1.573\nWhen does cancellation make previous insurance policies not compulsory\ninsurance policies?—Act, s 146 (3)\ns 83 am A2006-4 amdt 2.13; A2008-37 amdt 1.574\nWhen does cancellation make previous insurance policies not compulsory\ninsurance policies?\ns 84 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 84 sub SL2021-29 s 5\nom SL2022-4 s 6\nSelf-insurers\npt 10 hdg sub SL2021-29 s 5\nIssue of self-insurer licence by regulator\ndiv 10.1 hdg sub SL2021-29 s 5; SL2022-4 s 7\nApplication for self-insurer licence—Act, s 145U (a)\ns 84A ins SL2022-4 s 7\nCriteria for issuing self-insurer licence—Act, s 145U (b)\ns 84B ins SL2022-4 s 7\nSelf-insurer licence conditions\ndiv 10.2 hdg sub SL2021-29 s 5; SL2022-4 s 8\nLicensed self-insurer to have reinsurance—Act, s 145U (c)\ns 85 om SL2021-29 s 5\nInformation about workers compensation, vocational rehabilitation and\noccupational health and safety—Act, s 145U (c)\ns 86 am SL2002-29 s 11, s 12; A2006-4 amdt 2.14; A2009-28\namdt 2.32, amdt 2.33; SL2011-27 s 9, s 10; A2014-18\namdts 3.120-3.123\nom SL2022-4 s 7\n\nRecord keeping by licensed self-insurers—Act, s 145U (d)\ns 87 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 87 am SL2004-27 s 4, s 5; A2009-28 amdt 2.34; A2011-55\namdt 1.29\nom SL2022-4 s 7\nPeriod of self-insurer licence\ns 87A ins SL2021-29 s 5\nom SL2022-4 s 8\nAction if rehabilitation provider’s approval suspended or revoked—Act,\ns 88 sub SL2021-29 s 5; SL2022-4 s 8\nSelf-insurer to provide information and pay costs of audit—Act, s 145U (c)\nand (f)\ns 89 sub SL2021-29 s 5; SL2022-4 s 8\nSelf-insurer to maintain bank guarantee—Act, s 145U (c)\ns 90 sub SL2021-29 s 5; SL2022-4 s 8\nSelf-insurer to provide information and pay costs of audit\ns 90A ins SL2011-27 s 11\nom SL2022-4 s 8\nSelf-insurer to maintain occupational health and safety management\nsystem—Act, s 145U (c)\ns 91 sub SL2021-29 s 5; SL2022-4 s 8\nAction against licensed self-insurers\ndiv 10.3 hdg sub SL2021-29 s 5; SL2022-4 s 8\nNotice of proposed action against licensed self-insurer\ns 92 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 92 sub SL2021-29 s 5; SL2022-4 s 8\nAction other than cancellation of self-insurer licence—Act, s 223 (2) (h)\ns 93 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 93 am A2008-37 amdt 1.575; A2014-18 amdt 3.124\nCancellation of self-insurer licence—Act, s 145U (g)\ns 94 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 94 am A2008-37 amdt 1.576\n\npage 82 Workers Compensation Regulation 2002\nCancellation or suspension of self-insurer licence by regulator—Act,\ns 145U (g)\ns 95 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 95 am A2006-4 amdt 2.15; A2008-37 amdt 1.577\nAction against self-insurers\ndiv 10.4 hdg om SL2021-29 s 5\nCompliance and financial audits\npt 10A hdg ins SL2011-27 s 12\nCompliance audits—Act, s 145J (d) and (f) and s 145U (d) and (e)\ns 95A hdg sub SL2022-4 s 9\ns 95A ins SL2002-29 s 13\nexp 11 September 2003 (s 95A (3))\nins SL2011-27 s 12\nam SL2022-4 ss 10-12; A2025-29 amdt 4.198\nFinancial audits—Act, s 145J (d) and (f) and s 145U (d) and (e)\ns 95B hdg sub SL2022-4 s 13\ns 95B ins SL2011-27 s 12\nam SL2022-4 ss 14-16; A2025-29 amdt 4.198\nAppointment of auditors\ns 95C ins SL2011-27 s 12\nsub SL2021-29 s 5; SL2022-4 s 17\nDiseases related to employment\ns 96 hdg bracketed note exp 1 July 2004 (s 4 (3))\nPrescribed offences and fines\ns 97 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 97 am SL2004-27 s 6\nom A2006-4 amdt 2.16\nReviewable decision—Act, s 199 (b)\ns 98 am A2006-4 amdt 2.17\nsub A2008-37 amdt 1.578; A2009-56 s 52\nNotice of reviewable decision—Act, s 199A (1)\ns 98A ins A2008-37 amdt 1.578\nsub A2009-56 s 52\nInternal review of certain decisions—Act, s 199B (1)\ns 98B ins A2009-56 s 52\n\nCourt approved termination\ns 99 hdg bracketed note exp 1 July 2004 (s 4 (3))\ns 99 am A2003-49 amdt 2.45; ss renum R5 LA (see A2003-49\namdt 2.46; A2006-4 amdt 2.18\nApproved protocols about certain documents and information\ns 100 am SL2011-27 s 13; A2012-21 amdt 3.218; A2025-29\namdt 4.198\nApproved protocols about compulsory insurance\ns 100A renum as s 101\nApproved protocols for licensed insurers and licensed self-insurers—Act,\ns 223 (2) (k)\ns 101 hdg sub SL2021-29 s 6; SL2022-4 s 18\ns 101 orig s 101\nom LA s 89 (3)\nins SL2002-29 s 14\npres s 101\n(prev s 100A) ins SL2010-17 s 4\nsub and renum as s 101 SL2011-27 s 14\nam A2012-21 amdt 3.218; SL2021-29 s 7, s 8; SL2022-4 s 19;\npars renum R40 LA; A2025-29 amdt 4.198\nModification of regulation\npt 12 hdg ins SL2002-29 s 14\nTable 22\ns 102 ins SL2002-29 s 14\nExpiry of pt 12\ns 103 ins A2004-39 amdt 1.49\nTransitional—Employment and Workplace Safety Legislation Amendment\nAct 2020\npt 13 hdg ins SL2020-40 s 4\nExtension of exemption for self-insurers\ns 104 ins SL2020-40 s 4\n\npage 84 Workers Compensation Regulation 2002\nExtension of approval for approved insurers\ns 105 ins SL2020-40 s 4\nExpiry—pt 13\ns 106 ins SL2020-40 s 4\nDiseases related to employment\nsch 1 am A2016-27 s 25; items renum R32 LA\nsub A2017-49 s 12\nam A2018-32 amdt 3.57, amdt 3.58\nOn-the-spot fines\nsch 2 sub SL2004-27 s 7\nom A2006-4 amdt 2.19\nReviewable decisions\nsch 3 sub A2008-37 amdt 1.579; A2009-56 s 53\nam A2011-22 amdt 1.498, amdt 1.499\nsub A2020-30 amdt 1.12\nam SL2021-29 s 9; A2025-29 amdt 3.390\nModification of Act, chapter 16\nsch 4 ins SL2002-29 s 15\ndict am A2011-22 amdt 1.500; SL2011-27 s 15; A2014-18\namdt 3.125; SL2021-29 ss 10-12; SL2022-4 s 20, s 21\ndef approved insurer om R8 LA\ndef approved rehabilitation provider om R8 LA\ndef audit ins SL2022-4 s 22\ndef committee om R8 LA\ndef compulsory insurance policy om R8 LA\ndef exemption om SL2021-29 s 13\ndef injured worker om R8 LA\ndef injury management om SL2022-4 s 23\ndef injury management plan om SL2022-4 s 23\ndef medical referee om R8 LA\ndef nominated treating doctor om SL2022-4 s 23\ndef OH&S Council om A2009-28 amdt 2.35\ndef personal injury plan om SL2022-4 s 23\ndef protocol om SL2022-4 s 23\ndef psychosocial factor om A2012-21 amdt 3.219\ndef self-insurer om R8 LA\ndef weekly compensation om R8 LA\ndef workplace injury om R8 LA\ndef work health and safety council ins A2019-38 amdt 1.28\n\ndef work safety council ins A2009-28 amdt 2.36\nsub A2011-55 amdt 1.30\nom A2019-38 amdt 1.29\n\n","sortOrder":80},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\npage 86 Workers Compensation Regulation 2002\n5 Earlier republications\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.\nRepublication No Amendments to Republication date\n1 not amended 1 July 2002\n2 SL2002-29 29 October 2002\n3 SL2002-29 2 July 2003\n4 SL2002-29 12 September 2003\n5 A2003-49 5 April 2004\n6 A2003-49 2 July 2004\n7 SL2004-27 13 July 2004\n8 A2004-60 4 November 2004\n9 A2004-60 10 January 2005\n10 A2005-20 2 June 2005\n11 A2005-20 7 July 2005\n12 SL2005-43 23 December 2005\n13 SL2005-43 24 January 2006\n14 A2006-4 1 July 2006\n15 A2006-4 2 July 2006\n16 A2006-4 2 July 2007\n17 A2008-28 26 August 2008\n18 A2008-37 10 January 2009\n19* A2008-37 2 February 2009\n20 A2009-28 1 October 2009\n21 A2009-56 17 December 2009\n22 SL2010-17 21 May 2010\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n23 SL2010-17 1 July 2010\n24 A2011-22 1 July 2011\n25 SL2011-27 2 September 2011\n26 A2011-55 1 January 2012\n27 A2012-21 5 June 2012\n28* A2014-18 10 June 2014\n29 SL2014-36 20 December 2014\n30 A2016-25 13 May 2016\n31 SL2016-20 1 November 2016\n32 A2017-7 1 July 2017\n33 A2017-49 13 December 2017\n34 A2018-32 21 December 2018\n35 A2019-38 30 April 2020\n36 SL2020-40 11 September 2020\n37 SL2020-40 9 January 2021\n38 SL2020-40 10 January 2021\n39 SL2021-29 25 November 2021\n40 SL2022-4 1 April 2022\n41 SL2022-4 1 June 2022\n\n6 Expired transitional or validating provisions\npage 88 Workers Compensation Regulation 2002\n6 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":81}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the regulation’s earlier structure, the instrument has been broadened over time to add detailed licensing, prudential and audit regimes for both licensed insurers and licensed self‑insurers (see pt 9, pt 10 and pt 10A, ss 68–95, 95A–95C). New specific entry and ongoing conditions for self‑insurers (audited financial statements, actuarial reports, bank guarantees—s 84A(1)(d)–(f); s 90), and expanded regulator powers to require information, direct audits and impose licence conditions or cancel licences (ss 72–76, 79–83, 92–95), extend the regulatory reach beyond simple policy content into solvency and compliance supervision. The regulation also added targeted provisions for modern work arrangements (for example, prescribed contracts for bookable vehicle drivers in s 4A) and increased administrative delegation by allowing the Minister and regulator to approve medical guidelines, clinically relevant research and protocols that determine operational detail (ss 5–7, 100–101). The legislative history and amendment notes show these substantive insertions and adjustments across multiple amending instruments (see endnotes summarising SL2021-29, SL2022-4 and A2025-29 among others)."},"complexity_factors":["Extensive cross-references to the Workers Compensation Act and to approved protocols and external instruments (see ss 5–7, 100–101).","Multiple regulatory layers: medical standards, conciliation/arbitration procedures, compulsory policy content, insurer licensing, self-insurer licensing and audits (pts 3, 6–10, 10A).","Technical medical requirements and definitions (evidence-based methodology, clinically relevant research) that require clinical judgment (s 8, s 6).","Prudential and actuarial requirements for insurers and self-insurers, including reinsurance, actuarial reports, bank guarantees and solvency information (ss 71, 74–76, 84A(1)(d),(e),(f), s 90).","Administrative discretion concentrated in Minister and regulator to approve guidelines/protocols, appoint auditors and take enforcement action (ss 5–7, 36, 95C, 79–95).","Detailed procedural requirements for dispute processes (notice periods, evidence exchange, confidentiality and admissibility rules) (ss 10–15, 38–58).","Records and audit obligations with fixed retention periods (s 77, s 87) and timeframes for supplying information (s 76).","Multiple stakeholders required to provide timely written notices and reports (medical specialists, insurers, employers, DI fund manager) increasing coordination complexity (ss 10(3), 11(4), 45(3), 99(2)-(3))."],"plain_english_summary":"What this regulation does, in plain English\n\n- Mechanically, this instrument sets rules for how workers compensation in the ACT is administered. It does so by: (a) prescribing how medical assessments must be done (including what doctors must record and that they use evidence-based methods) (see s 8, s 9); (b) creating procedures for specialist assessments and medical referees used in dispute resolution (ss 10–15); (c) setting up conciliation and arbitration procedures for disputed claims and the powers, costs and evidentiary rules that apply (pt 6 and pt 7, esp. ss 36–58); (d) specifying minimum content and disclosure requirements for compulsory workers‑compensation insurance policies (pt 8, ss 59–67); (e) establishing licensing, prudential and reporting conditions for licensed insurers and for employers who choose to self‑insure (pt 9 and pt 10, ss 68–95); (f) authorising compliance and financial audits by appointed auditors and the audit processes (pt 10A, ss 95A–95C); and (g) listing diseases treated as employment‑related for claims purposes (sch 1, s 96).\n\nWho this affects and who decides\n\n- Doctors and medical specialists: required to use an evidence‑based methodology and to record specific items in initial assessments (aetiology, diagnosis, prognosis, treatment recommendation) (s 8, s 9). Medical specialists and referees must prepare reports and explain differences from existing medical evidence when asked (ss 11, 15).\n- Injured workers and employers: must follow conciliation/arbitration steps when disputing claims; parties must provide written details before conciliation and attend (ss 38–44).\n- Insurers: required to indemnify employers (subject to Act exclusions) and to include specified information in compulsory policies, notify renewals, supply information to the regulator on request, maintain reinsurance, undergo audits and keep records (ss 60–66, ss 71–77, s 73). Insurers must pay conciliation costs (s 45(1)). Insurers may be subject to sanctions, conditions, suspension or cancellation by the regulator after notice and opportunity to respond (ss 79–83).\n- Self‑insuring employers: must meet licensing criteria, provide actuarial reports and audited financials, maintain a bank guarantee and reinsurance for single events, keep records, and accept audits (ss 84A, 84B, 89–91).\n- The Minister and the regulator: the Minister may approve medical guidelines, clinically‑relevant research and protocols about forms and how things must be done (ss 5–7, ss 100–101). The regulator licenses insurers and self‑insurers, requests information, appoints auditors and may take enforcement action (ss 68–70, ss 72–76, ss 95A–95C, ss 79–95).\n\nWhy it matters (official purpose-claims in the text and the practical trade-offs)\n\n- The text enables standardised, evidence‑based medical assessment of work injuries and a structured dispute resolution system, and it creates prudential and administrative controls on those who provide insurance or self‑insure. The regulation explicitly gives the Minister power to approve medical guidelines and clinically relevant research (s 5–7) and to approve protocols governing forms, registers and audits (ss 100–101). Those powers are stated in the instrument as a means to standardise information and processes.\n\nCosts, incentives and trade-offs (mechanical effects, with section citations)\n\n- Compliance costs on medical professionals: doctors must apply evidence‑based methodology and record key clinical matters for initial certificates (s 9; definition of evidence‑based methodology s 8). That creates a record‑keeping and professional standard requirement.\n- Administrative and financial burden on insurers and self‑insurers: licensed insurers must hold reinsurance (s 71), provide financial and claims information on request and within specified times (ss 72, 76), allow and pay for audits (s 73), keep records for at least 5 years (s 77), and follow premium‑setting principles (ss 74–76). Self‑insurers must submit audited accounts, actuarial reports and guarantees and maintain bank guarantees and an occupational health and safety system (s 84A(1)(d)–(f), s 90, s 91). These requirements increase operational costs and create ongoing reporting obligations.\n- Financial incentives and penalties: the compulsory insurance policy must include an employer’s duty to reimburse the insurer where the employer under‑reported wages by 10% or more; the payment is quantified as twice the difference in premiums (s 66). Insurers may be fined, censured or required to take remedial action, and licences may be suspended or cancelled with procedural notice (ss 79–83; ss 92–95 for self‑insurers). Conciliation costs are payable by the insurer (s 45(1)), which shifts immediate dispute costs to insurers.\n- Market and pricing effects: insurers must structure premiums to fully fund liabilities (s 75(1)(a)) and avoid cross‑subsidisation as far as practicable (s 75(1)(b)). The regulator can require insurers to provide information about premium methodology (s 74). These rules affect how insurers price policies and allocate rates across business classes.\n- Bureaucratic discretion and implementation risk: the Minister and regulator have significant discretionary powers—approving medical guidelines and protocols (ss 5–7, 100–101), appointing conciliators and auditors (ss 36, 95C), deciding licensing criteria and imposing licence conditions or sanctions (ss 68–70, 79–83, 92–95). Those discretions create implementation risk and reliance on administrative processes (see the statutory requirement to give notice and opportunity to make written representations before taking action—ss 79, 92).\n\nEffects on private choice and business operation\n\n- Employers choosing to self‑insure face stricter entry requirements (audited financials, actuarial reports, bank guarantees) and ongoing audit and safety management obligations (s 84A, s 84B, ss 89–91), which limits self‑insuring to larger, better‑resourced employers.\n- Licensed insurers face reporting, reinsurance and audit obligations that raise the cost of doing business but aim to ensure solvency and consistent claim handling (ss 71–76, s 73). The regulator’s ability to impose licence conditions or cancel licences creates regulatory risk that firms must manage.\n\nKey practical behavioural changes required by the regulation (who pays, who decides)\n\n- Doctors must change clinical reporting practices to comply with evidence‑based methodology and record required matters for initial certificates (s 9; s 8 definition). Failure to provide compliant certificates has consequences under the Act (note to s 9).\n- Insurers pay conciliation costs and audit costs and must supply information and documentation to the regulator and auditors (s 45; s 73). They also pay penalties or face licence conditions for non‑compliance (ss 79–81).\n- Self‑insurers must place guarantees with an authorised deposit‑taking institution and be prepared for compliance and financial audits at their cost (s 84A(1)(f); ss 89–90; pt 10A).\n\nImplementation and compliance risks\n\n- Performance depends on timely regulator review and the quality of approved protocols and medical guidelines (ss 5–7, 100–101). The instrument delegates many process details to later protocols and approvals, which concentrates practical rule‑making in administrative instruments and Ministerial/regulatory decisions (ss 5–7, ss 100–101). That delegation reduces detail in the regulation but increases the operational role of the executive.\n\nBottom line (mechanical effect):\n\nThis regulation operationalises the Workers Compensation Act by prescribing medical assessment standards, dispute resolution processes, minimum content and disclosure in compulsory insurance policies, and a licensing, prudential and audit regime for insurers and self‑insurers. It shifts specific costs to insurers (conciliation, audits) and to employers who self‑insure (guarantees, actuarial evidence), imposes record‑keeping and reporting duties on insurers and medical practitioners, and vests substantial administrative discretion in the Minister and regulator for approving guidelines, protocols and taking licensing action (see ss 5–7, 36, 45, 68–76, 79–95, 95A–95C)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1853},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation has grown significantly from simple procedural support for the Workers Compensation Act into a complex regulatory framework. Originally likely focused on basic medical assessment procedures and dispute resolution, it now encompasses sophisticated prudential regulation of insurers (requiring actuarial reports, reinsurance arrangements, and financial audits), detailed oversight of self-insuring employers (including bank guarantees and occupational health and safety management systems), modern gig economy worker classification (bookable vehicle drivers), and extensive schedules of occupational diseases. The scope has expanded from administrative procedure into financial services regulation and public health surveillance."},"complexity_factors":["Lengthy structure with 101 sections, 3 schedules, and a dictionary, spanning diverse areas from medical science to financial auditing","Heavy cross-referencing to the Workers Compensation Act 1951, Criminal Code, Work Health and Safety Act 2011, and other Commonwealth and ACT legislation","Technical terminology requiring domain knowledge (e.g., 'actuarial reports', 'prudential margin', 'evidence-based methodology', 'aetiology')","Nested conditional logic and exceptions, particularly in licensing conditions for insurers (Division 9.2) and self-insurers (Division 10.2)","42 republications since 2002 indicating frequent amendments and layered historical changes","Incorporation of external instruments and protocols (e.g., 'Guide—Nationally Consistent Approval Framework for Workplace Rehabilitation Providers', 'ACT Wages and Earnings Guide') by reference","Detailed tabular schedules (Schedule 1 lists 48 diseases with specific causal employment types; Schedule 3 lists 18 reviewable decisions with specific decision-makers)"],"plain_english_summary":"This Regulation is the 'rulebook' that makes the ACT's Workers Compensation Act 1951 work in practice. It sets out the nitty-gritty details of how injured workers, employers, doctors, and insurance companies must operate within the workers compensation scheme.\n\n**What it does:**\n*   **Medical Assessments:** Tells doctors exactly how to examine injured workers and write medical certificates. They must use 'evidence-based methodology' (meaning they must follow approved medical guidelines and research, not just personal opinion) and record specific details like the cause of injury (aetiology), diagnosis, and treatment plan.\n*   **Who is Covered:** Clarifies that certain gig economy workers—specifically 'bookable vehicle drivers' (like rideshare drivers) who have exclusive contracts or bailment agreements—are considered workers for compensation purposes.\n*   **Work-Related Diseases:** Includes a long list (Schedule 1) of 48 diseases—from anthrax and hepatitis to various cancers and silicosis—that are legally presumed to be caused by specific types of employment. If a worker in those jobs gets that disease, it's automatically considered work-related unless proven otherwise.\n*   **Dispute Resolution:** Sets up a two-step process for resolving fights about claims. First, parties must try **conciliation** (a facilitated negotiation with a neutral conciliator). If that fails, they can go to **arbitration** (a more formal hearing, either by a committee or the Magistrates Court).\n*   **Insurance Rules:** Dictates what must be in workers compensation insurance policies and tightly regulates insurance companies ('licensed insurers') and large employers who self-insure ('self-insurers'). This includes requiring them to prove they are financially sound, carry unlimited reinsurance (backup insurance), submit to audits, and maintain bank guarantees (for self-insurers).\n*   **Rehabilitation:** Governs how rehabilitation providers get approved and how they help injured workers return to work.\n\n**Who it affects:**\n*   Injured workers in the ACT\n*   Employers (from small businesses to large self-insuring corporations)\n*   Doctors, medical specialists, and rehabilitation providers\n*   Insurance companies and the scheme regulator\n\n**Why it matters:**\nWithout this Regulation, the Workers Compensation Act would be unworkable. This document ensures medical assessments are consistent and scientific, provides certainty for workers with occupational diseases, ensures insurers have enough money to pay claims, and gives employers and workers a clear process for resolving disputes without immediately going to court."}},"importantCases":[],"_links":{"self":"/api/acts/workers-compensation-regulation-2002","history":"/api/acts/workers-compensation-regulation-2002/history","analysis":"/api/acts/workers-compensation-regulation-2002/analysis","conflicts":"/api/acts/workers-compensation-regulation-2002/conflicts","importantCases":"/api/acts/workers-compensation-regulation-2002/important-cases","documents":"/api/acts/workers-compensation-regulation-2002/documents"}}