{"id":"nsw:sl-2016-0559","name":"Workers Compensation Regulation 2016","slug":"workers-compensation-regulation-2016","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"559 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177538,"registerId":"nsw-nsw:sl-2016-0559-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Workers Compensation Regulation 2016](/view/html/inforce/current/sl-2016-0559).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Workers Compensation Regulation 2010](/view/html/repealed/current/sl-2011-0037), which is repealed on 1 September 2016 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > approved form means a form approved by the Authority.\n> > \n> > approved provider of workplace rehabilitation services means a provider that holds a certificate of approval.\n> > \n> > category 1 employer means—\n> > \n> > > (a) an employer insured under a policy of insurance to which the Workers Compensation Market Practice and Premiums Guidelines apply and whose basic tariff premium (within the meaning of those guidelines) for that policy would exceed $50,000, if the period of insurance to which the premium relates were 12 months, or\n> > \n> > > (b) an employer insured under more than one policy of insurance to which the Workers Compensation Market Practice and Premiums Guidelines apply and whose combined basic tariff premiums (within the meaning of those guidelines) for those policies would exceed $50,000, if the period of insurance to which each premium relates were 12 months, or\n> > \n> > > (c) an employer who is self-insured, or\n> > \n> > > (d) an employer who is insured with a specialised insurer and who employs more than 20 workers.\n> > \n> > category 2 employer means an employer who is not a category 1 employer.\n> > \n> > certificate of approval means a certificate of approval as a provider of workplace rehabilitation services granted by the Authority under clause 23.\n> > \n> > return-to-work guidelines means the guidelines, relating to return-to-work programs, determined by the Authority under section 52(2)(a) of the 1998 Act.\n> > \n> > return-to-work program means a return-to-work program established under section 52 of the 1998 Act with respect to policies and procedures (consistent with the injury management program of the employer’s insurer) for the rehabilitation (and, if necessary, vocational re-education) of any injured workers of the employer.\n> > \n> > the 1987 Act means the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).\n> > \n> > the 1998 Act means the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086).\n> > \n> > Note.\n> > \n> > The 1987 Act, the 1998 Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation (other than notes in Schedule 6) do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Work-related diseases","content":"# Part 2 Work-related diseases\n\nPart 2 Work-related diseases","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Diseases taken to be work-related","content":"#### 4 Diseases taken to be work-related\n\n4 Diseases taken to be work-related\n\n> > (1) Each kind of employment set out in Column 2 of Schedule 1 is prescribed as employment to which section 19(1) of the 1987 Act applies.\n> \n> > (2) A disease set out in Column 1 of Schedule 1 is prescribed as a disease that is related to the employment or, as the case may require, each kind of employment, set out in Column 2 of that Schedule opposite the description of that disease.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Medical tests and results to determine whether brucellosis, Q fever or leptospirosis is work-related","content":"#### 5 Medical tests and results to determine whether brucellosis, Q fever or leptospirosis is work-related\n\n5 Medical tests and results to determine whether brucellosis, Q fever or leptospirosis is work-related\n\n> For the purposes of section 19(2) of the 1987 Act, any one of the results set out in Column 3 of Part 1 of Schedule 2, if obtained by means of the medical test the requirements of which are set out opposite that result in Column 2 of that Part, is a result prescribed in respect of the disease, the name of which appears opposite that result in Column 1 of that Part.\n> \n> **cl 5:** Am 2020 (428), Sch 1\\[1\\] \\[2\\].","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Firefighting bodies and agencies","content":"#### 5A Firefighting bodies and agencies\n\n5A Firefighting bodies and agencies\n\n> The following bodies and agencies are prescribed for the purposes of section 19A of the 1987 Act—\n> \n> > (a) the NSW Rural Fire Service,\n> \n> > (b) Fire and Rescue NSW,\n> \n> > (c) the Office of Environment and Heritage,\n> \n> > (d) the Forestry Corporation,\n> \n> > (e) Sydney Trains.\n> \n> **cl 5A:** Ins 2018 No 93, Sch 3.","sortOrder":7},{"sectionNumber":"5B","sectionType":"section","heading":"COVID-19—medical tests and results to determine if COVID-19 is work-related","content":"#### 5B COVID-19—medical tests and results to determine if COVID-19 is work-related\n\n5B COVID-19—medical tests and results to determine if COVID-19 is work-related\n\n> > (1) For the purposes of section 19B(2) of the 1987 Act, a result set out in Column 3 of Part 2 of Schedule 2 in relation to COVID-19, if obtained by means of a medical test the requirements of which are set out opposite that result in Column 2 of that Part in relation to the disease, is a result prescribed in respect of the disease.\n> \n> > (2) For the purposes of section 19B(3) of the 1987 Act, the clinical criteria prescribed for the purpose of making a classification of COVID-19 are the obtaining of a result prescribed under section 19B(2) of the 1987 Act in respect of the disease by means of a medical test that complies with the requirements prescribed under that subsection in relation to the disease.\n> \n> > (3) A reference in Part 2 of Schedule 2 to the Australian Register of Therapeutic Goods is a reference to the register of that name maintained under the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **cll 5B–5D:** Ins 2020 (428), Sch 1\\[3\\].","sortOrder":8},{"sectionNumber":"5C","sectionType":"section","heading":"COVID-19—matters relating to incapacity","content":"#### 5C COVID-19—matters relating to incapacity\n\n5C COVID-19—matters relating to incapacity\n\n> > (1) For the purposes of section 19B(5)(a) of the 1987 Act, the relevant date is the later of—\n> > \n> > > (a) the date that is 21 days after the date of the injury, or\n> > \n> > > (b) if a medical practitioner issues a certificate of capacity certifying that the worker still has COVID-19 on that date—the date that marks the end of the expected duration of the worker’s incapacity for work as a result of COVID-19 that is specified in the certificate.\n> \n> > (2) Section 32A of the 1987 Act is modified by adding the following subsection at the end of the section—\n> > \n> > > > (3) For the purposes of applying this Division to a worker referred to in section 19B(5), a reference in section 19B(5) to a worker being incapable of work is a reference to the worker having a total incapacity for work and no current work capacity.\n> \n> > (3) Subclauses (4) and (5) apply—\n> > \n> > > (a) to a worker the subject of a presumption under section 19B(1) of the 1987 Act in relation to whom the presumption under section 19B(5) of the 1987 Act is rebutted (a relevant worker), and\n> > \n> > > (b) for the purposes of Division 2 of Part 3 of the 1987 Act.\n> \n> > (4) To avoid doubt, section 33 of the 1987 Act applies to a relevant worker with a total or partial incapacity for work resulting from the worker’s COVID-19 infection.\n> \n> > (5) A relevant worker to whom section 33 of the 1987 Act does not otherwise apply is taken to be partially incapacitated for work and to have current work capacity as a result of COVID-19 during the worker’s isolation period if the worker’s actual gross weekly earnings from paid employment during that period are—\n> > \n> > > (a) less than the gross weekly amount that the worker had the capacity to earn in the worker’s pre-injury employment immediately before the injury, or\n> > \n> > > (b) nil.\n> \n> > (6) For the purposes of applying Division 2 of Part 3 of the 1987 Act to a relevant worker, the current weekly earnings of the worker in relation to a week are the worker’s actual gross earnings in respect of that week, and clause 8 of Schedule 3 to the 1987 Act in its application to the worker is taken to be modified accordingly.\n> \n> > (7) In this clause—\n> > \n> > isolation period in relation to a worker means the period for which the worker is required by a medical practitioner to isolate following the worker’s diagnosis of COVID-19.\n> \n> **cll 5B–5D:** Ins 2020 (428), Sch 1\\[3\\].","sortOrder":9},{"sectionNumber":"5D","sectionType":"section","heading":"COVID-19—prescribed employment","content":"#### 5D COVID-19—prescribed employment\n\n5D COVID-19—prescribed employment\n\n> For the purposes of the definition of prescribed employment in section 19B(9) of the 1987 Act, employment in any of the following is prescribed—\n> \n> > (a) cafes,\n> \n> > (b) supermarkets,\n> \n> > (c) funeral homes,\n> \n> > (d) child care facilities.\n> \n> **cll 5B–5D:** Ins 2020 (428), Sch 1\\[3\\].","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Pre-injury average weekly earnings—injuries occurring before 21 October 2019","content":"# Part 3 Pre-injury average weekly earnings—injuries occurring before 21 October 2019\n\nPart 3 Pre-injury average weekly earnings—injuries occurring before 21 October 2019\n\n**pt 3, hdg:** Subst 2019 (455), Sch 1\\[1\\].","sortOrder":11},{"sectionNumber":"6AA","sectionType":"section","heading":"Application of Part","content":"#### 6AA Application of Part\n\n6AA Application of Part\n\n> This Part applies only to injuries received before 21 October 2019.\n> \n> **cl 6AA:** Ins 2019 (455), Sch 1\\[1\\].","sortOrder":12},{"sectionNumber":"6","sectionType":"section","heading":"Minimum amount of pre-injury average weekly earnings","content":"#### 6 Minimum amount of pre-injury average weekly earnings\n\n6 Minimum amount of pre-injury average weekly earnings\n\n> For the purposes of section 44C(7) of the 1987 Act, the amount of $155 is prescribed as the minimum amount applicable to a worker.","sortOrder":13},{"sectionNumber":"7","sectionType":"section","heading":"Prescribed number of hours each week","content":"#### 7 Prescribed number of hours each week\n\n7 Prescribed number of hours each week\n\n> For the purposes of the prescribed number of hours wherever referred to in Schedule 3 to the 1987 Act, 38 hours is prescribed.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Pre-injury average weekly earnings—injuries occurring on or after 21 October 2019","content":"# Part 4 Pre-injury average weekly earnings—injuries occurring on or after 21 October 2019\n\nPart 4 Pre-injury average weekly earnings—injuries occurring on or after 21 October 2019\n\n**pt 4, hdg:** Subst 2019 (455), Sch 1\\[2\\].\n\n**pt 4:** Subst 2019 (455), Sch 1\\[2\\].","sortOrder":15},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary\n\n**pt 4, div 1:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Application and operation of Part","content":"#### 8 Application and operation of Part\n\n8 Application and operation of Part\n\n> > (1) This Part takes effect on and from 21 October 2019.\n> \n> > (2) This Part applies only to injuries received on or after 21 October 2019.\n> \n> **cl 8:** Am 2016 (602), cl 3; 2017 (67), cl 3; 2017 (506), cl 3; 2018 (90), cl 3; 2018 (524), cl 3. Renumbered as Sch 8, cl 41, 2018 No 62, Sch 5.2 \\[1\\]. Ins 2019 (455), Sch 1\\[2\\]. Subst 2019 (616), cl 3(1).","sortOrder":17},{"sectionNumber":"8AA","sectionType":"section","heading":"Definitions","content":"#### 8AA Definitions\n\n8AA Definitions\n\n> In this Part—\n> \n> pre-injury average weekly earnings agreement—see clause 8H.\n> \n> the relevant earning period has the same meaning as in clause 2(2) of Schedule 3 to the 1987 Act.\n> \n> unadjusted earning period—see clause 8A(3).\n> \n> **cll 8AA:** Ins 2019 (616), cl 3(1).","sortOrder":18},{"sectionNumber":"8AB","sectionType":"section","heading":"Minimum amount of pre-injury average weekly earnings—Schedule 3, clause 2(4)","content":"#### 8AB Minimum amount of pre-injury average weekly earnings—Schedule 3, clause 2(4)\n\n8AB Minimum amount of pre-injury average weekly earnings—Schedule 3, clause 2(4)\n\n> > For the purposes of clause 2(4) of Schedule 3 to the 1987 Act, the amount of $155 is prescribed as the minimum amount applicable to a worker.\n> \n> **cll 8AB:** Ins 2019 (616), cl 3(1).","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Relevant earning period","content":"## Division 2 Relevant earning period\n\nDivision 2 Relevant earning period\n\n**pt 4, div 2:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":20},{"sectionNumber":"8A","sectionType":"section","heading":"Operation of Division","content":"#### 8A Operation of Division\n\n8A Operation of Division\n\n> > (1) This Division provides for the adjustment of the relevant earning period under clause 2(2) of Schedule 3 to the 1987 Act for a worker in employment for the purposes of calculating the pre-injury average weekly earnings in relation to the worker.\n> \n> > (2) The relevant earning period in respect of the employment is to be adjusted in accordance with the provisions of this Division in the following order—\n> > \n> > > (a) Clause 8B (Adjustment for workers not continuously employed),\n> > \n> > > (b) Clause 8C (Adjustment for financially material change to earnings),\n> > \n> > > (c) Clause 8D (Alignment of relevant earning period with pay period),\n> > \n> > > (d) Clause 8E (Adjustment for unpaid leave),\n> > \n> > > (e) Clause 8EA (Adjustment for prescribed periods relating to COVID-19).\n> \n> > (3) Accordingly, a reference in a provision of this Division—\n> > \n> > > (a) to the relevant earning period is a reference to the relevant earning period as adjusted in accordance with any preceding provision applicable to the worker, or\n> > \n> > > (b) to the unadjusted earning period is a reference to the relevant earning period as so adjusted, but without regard to any adjustment under the provision in which the expression is used.\n> \n> **cl 8A:** Ins 2019 (455), Sch 1\\[2\\]. Am 2020 (625), Sch 1\\[1\\].","sortOrder":21},{"sectionNumber":"8B","sectionType":"section","heading":"Adjustment for workers not continuously employed—Schedule 3, clause 2(3)(a) of 1987 Act","content":"#### 8B Adjustment for workers not continuously employed—Schedule 3, clause 2(3)(a) of 1987 Act\n\n8B Adjustment for workers not continuously employed—Schedule 3, clause 2(3)(a) of 1987 Act\n\n> > (1) The relevant earning period for a worker in employment is to be adjusted in accordance with this clause if the worker was not engaged in the employment from the beginning of the unadjusted earning period.\n> \n> > (2) The relevant earning period for the worker in the employment is to be adjusted by excluding any period before the day on which the worker was first engaged in the employment.\n> \n> **cll 8B–8E:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":22},{"sectionNumber":"8C","sectionType":"section","heading":"Adjustment for financially material change to earnings—Schedule 3, clause 2(3)(a) of 1987 Act","content":"#### 8C Adjustment for financially material change to earnings—Schedule 3, clause 2(3)(a) of 1987 Act\n\n8C Adjustment for financially material change to earnings—Schedule 3, clause 2(3)(a) of 1987 Act\n\n> > (1) The relevant earning period for a worker is to be adjusted in accordance with this clause if, during the unadjusted earning period, there was a change of an ongoing nature to the employment arrangement resulting in a financially material change to the earnings of the worker (for example, a change from full-time to part-time work).\n> \n> > (2) The relevant earning period is to be adjusted by excluding from the period any period before the change to the earnings of the worker occurred.\n> \n> **cll 8B–8E:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":23},{"sectionNumber":"8D","sectionType":"section","heading":"Alignment of relevant earning period with pay period—Schedule 3, clause 2(3)(b) of 1987 Act","content":"#### 8D Alignment of relevant earning period with pay period—Schedule 3, clause 2(3)(b) of 1987 Act\n\n8D Alignment of relevant earning period with pay period—Schedule 3, clause 2(3)(b) of 1987 Act\n\n> > (1) The relevant earning period for a worker in employment may be adjusted to align the relevant earning period with any regular interval at which the worker is entitled to receive payment of earnings for work performed in the employment.\n> \n> > (2) The relevant earning period is not to be adjusted as provided by this clause unless the insurer is reasonably satisfied that the amount of pre-injury average weekly earnings calculated by reference to the period as so adjusted is not less than the amount that it would have been but for the adjustment.\n> \n> **cll 8B–8E:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":24},{"sectionNumber":"8E","sectionType":"section","heading":"Adjustment for unpaid leave—Schedule 3, clause 2(3)(a) of 1987 Act","content":"#### 8E Adjustment for unpaid leave—Schedule 3, clause 2(3)(a) of 1987 Act\n\n8E Adjustment for unpaid leave—Schedule 3, clause 2(3)(a) of 1987 Act\n\n> > (1) The relevant earning period for a worker is to be adjusted in accordance with this clause if, during any period of not less than seven consecutive calendar days within the unadjusted earning period—\n> > \n> > > (a) no earnings in the employment were paid or payable to the worker, and\n> > \n> > > (b) the worker took a period of unpaid leave (the unpaid leave period) commencing on the first day of that consecutive period.\n> \n> > (2) The relevant earning period is to be adjusted by excluding each day (whether or not the day was a usual work day for the worker) of the period commencing on the first day of the unpaid leave period and ending immediately before the day on which earnings in the employment once again became payable to the worker.\n> \n> **cll 8B–8E:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":25},{"sectionNumber":"8EA","sectionType":"section","heading":"Adjustment for prescribed periods relating to COVID-19—Schedule 3, clause 2(3)(a) of 1987 Act","content":"#### 8EA Adjustment for prescribed periods relating to COVID-19—Schedule 3, clause 2(3)(a) of 1987 Act\n\n8EA Adjustment for prescribed periods relating to COVID-19—Schedule 3, clause 2(3)(a) of 1987 Act\n\n> > (1) The relevant earning period for a worker in employment is to be adjusted in accordance with this clause if, during the unadjusted earning period, there was a change to the worker’s employment arrangements as a direct result of the impact of the COVID-19 pandemic on the operations or general financial position of an employer of the worker.\n> \n> > (2) If the change to the worker’s employment arrangements resulted in a financially material reduction to the total earnings of the worker during the first prescribed period, the relevant earning period is to be adjusted by excluding the first prescribed period.\n> \n> > (3) The relevant earning period for a worker to whom subclause (2) applies is to be further adjusted in accordance with subclause (4) if the change to the worker’s employment arrangements resulted in no earnings in employment being paid or payable to the worker for a period of 2 or more days commencing on the first day of the second prescribed period.\n> \n> > (4) For subclause (3), the relevant earning period is to be further adjusted by excluding each day, whether or not the day was a usual work day for the worker, of the period commencing on the first day of the second prescribed period and ending on the earlier of—\n> > \n> > > (a) the day immediately before the day on which earnings in any employment once again became payable to the worker, and\n> > \n> > > (b) the last day of the second prescribed period.\n> \n> > (5) In this clause—\n> > \n> > first prescribed period means the period on and from 23 March 2020 to 14 June 2020.\n> > \n> > second prescribed period means the period on and from 15 June 2020 to 27 September 2020.\n> \n> **cl 8EA:** Ins 2020 (625), Sch 1\\[2\\].","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"Pre-injury average weekly earnings—short-term workers, apprentices, trainees and young people","content":"## Division 3 Pre-injury average weekly earnings—short-term workers, apprentices, trainees and young people\n\nDivision 3 Pre-injury average weekly earnings—short-term workers, apprentices, trainees and young people\n\n**pt 4, div 3 (cll 8F, 8G):** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":27},{"sectionNumber":"8F","sectionType":"section","heading":"Pre-injury average weekly earnings for short-term workers—Schedule 3, clause 4(2) of 1987 Act","content":"#### 8F Pre-injury average weekly earnings for short-term workers—Schedule 3, clause 4(2) of 1987 Act\n\n8F Pre-injury average weekly earnings for short-term workers—Schedule 3, clause 4(2) of 1987 Act\n\n> > (1) In determining the earnings that a worker could reasonably have been expected to have earned in employment for the purposes of clause 4(1) of Schedule 3 to the 1987 Act, the following matters are to be taken into account—\n> > \n> > > (a) any contract of employment made before the date of the injury,\n> > \n> > > (b) any award or agreement relating to the employment,\n> > \n> > > (c) any hours worked or earnings received by the worker during the period of 52 weeks before the injury.\n> \n> > (2) If the consideration of those matters does not reasonably assist in determining the earnings that the worker could reasonably have been expected to have earned in the employment, the earnings are to be determined by having regard to the average weekly amount earned during the period of 52 weeks before the injury by other persons for the performance of similar work as the worker (whether or not with the worker’s employer).\n> \n> **pt 4, div 3 (cll 8F, 8G):** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":28},{"sectionNumber":"8G","sectionType":"section","heading":"Pre-injury average weekly earnings of apprentices, trainees and young people—Schedule 3, clause 5(3)(c) of 1987 Act","content":"#### 8G Pre-injury average weekly earnings of apprentices, trainees and young people—Schedule 3, clause 5(3)(c) of 1987 Act\n\n8G Pre-injury average weekly earnings of apprentices, trainees and young people—Schedule 3, clause 5(3)(c) of 1987 Act\n\n> > (1) For the purposes of clause 5(3)(c) of Schedule 3 to the 1987 Act, the worker’s pre-injury average weekly earnings are to be determined by having regard to the average weekly amount earned during the latest earning stage—\n> > \n> > > (a) by other persons who have attained the age of 21 years, and\n> > \n> > > (b) for the performance by those persons of similar work as the worker (whether or not with the worker’s employer).\n> \n> > (2) If there are no persons who have attained that age and who are so employed and performing similar work as the worker, the worker’s pre-injury average weekly earnings is the maximum weekly compensation amount.\n> \n> > (3) In this clause—\n> > \n> > latest earning stage means the period of 52 weeks before the worker attained the age of 21 years.\n> \n> **pt 4, div 3 (cll 8F, 8G):** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":29},{"sectionNumber":"Division 4","sectionType":"division","heading":"Pre-injury average weekly earnings agreements","content":"## Division 4 Pre-injury average weekly earnings agreements\n\nDivision 4 Pre-injury average weekly earnings agreements\n\n**pt 4, div 4:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":30},{"sectionNumber":"8H","sectionType":"section","heading":"Operation of Division","content":"#### 8H Operation of Division\n\n8H Operation of Division\n\n> > (1) This Division sets out matters relating to an agreement between a worker and the employer as to the amount of pre-injury average weekly earnings that is to apply to the worker for the purposes of Division 2 of Part 3 of the 1987 Act (a pre-injury average weekly earnings agreement).\n> \n> > (2) An obligation of the insurer to determine an application for approval of a pre-injury average weekly earnings agreement under this Division ceases if the insurer disputes liability for the weekly payments of compensation.\n> \n> > (3) An agreement approved under this Division ceases to have effect for the purposes of clause 8I if the insurer disputes liability for the weekly payments of compensation.\n> \n> **cl 8H:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":31},{"sectionNumber":"8I","sectionType":"section","heading":"Agreements to be approved by insurer—Schedule 3, clause 3(2)","content":"#### 8I Agreements to be approved by insurer—Schedule 3, clause 3(2)\n\n8I Agreements to be approved by insurer—Schedule 3, clause 3(2)\n\n> > (1) The amount of pre-injury average weekly earnings that applies to a worker for the purposes of Division 2 of Part 3 of the 1987 Act is the amount specified in a pre-injury average weekly earnings agreement (if any) approved by the insurer in accordance with this Division.\n> > \n> > Note.\n> > \n> > See clause 8H(2) in relation to the cessation of the operation of this Division where liability is disputed.\n> \n> > (2) The amount specified in a pre-injury average weekly earnings agreement under subclause (1) is subject to the minimum amount prescribed under clause 8AB.\n> \n> **cl 8I:** Ins 2019 (455), Sch 1\\[2\\]. Am 2019 (616), cl 3(2); 2020 (154), Sch 1\\[1\\].","sortOrder":32},{"sectionNumber":"8J","sectionType":"section","heading":"Application for approval of agreement—Schedule 3, clause 3(1)","content":"#### 8J Application for approval of agreement—Schedule 3, clause 3(1)\n\n8J Application for approval of agreement—Schedule 3, clause 3(1)\n\n> > (1) The worker or the employer may apply for the approval by the insurer of a pre-injury average weekly earnings agreement.\n> \n> > (2) The application is to be made within 5 days after the initial notification to the insurer of the injury (within the meaning of Part 3 of Chapter 7 of the 1998 Act).\n> \n> > (3) The application is to be in writing and is to include each of the following—\n> > \n> > > (a) the agreed amount of pre-injury average weekly earnings,\n> > \n> > > (b) the date of the agreement,\n> > \n> > > (c) the date of the injury and claim number,\n> > \n> > > (d) the name of the worker and of the employer,\n> > \n> > > (e) the name and contact details of any person authorised by the employer to enter into the agreement,\n> > \n> > > (f) details of any other employment in which the worker is engaged,\n> > \n> > > (g) any supporting information (including, for example, a contract of employment or payslips),\n> > \n> > > (h) any other information that the worker or the employer considers was taken into account in reaching the agreement,\n> > \n> > > (i) acknowledgement of the consent of the parties to the agreement.\n> \n> > (4) The worker or the employer may withdraw the application by giving notice in writing to the insurer.\n> \n> **cl 8J:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":33},{"sectionNumber":"8K","sectionType":"section","heading":"Approval of agreement—Schedule 3, clause 3(1)","content":"#### 8K Approval of agreement—Schedule 3, clause 3(1)\n\n8K Approval of agreement—Schedule 3, clause 3(1)\n\n> > (1) After receiving an application for approval of a pre-injury average weekly earnings agreement in accordance with clause 8J, the insurer is to determine whether to approve, or refuse to approve, the agreement.\n> \n> > (2) The insurer is to determine the application within 7 days after receiving the application (except as provided by subclause (3)).\n> \n> > (3) If the insurer has a reasonable excuse for not commencing provisional weekly payments of compensation, the insurer is to determine the application within 7 days after the earlier of the following—\n> > \n> > > (a) the insurer ceases to have a reasonable excuse for not commencing those weekly payments,\n> > \n> > > (b) the insurer accepts liability for weekly payments of compensation in respect of the injury.\n> \n> > (4) The insurer is to approve a pre-injury average weekly earnings agreement if satisfied that the agreed amount reasonably reflects the worker’s pre-injury earnings (excluding any earnings before or after the period of 52 weeks ending immediately before the date of the injury) and that the agreement is otherwise fair and reasonable.\n> \n> > (5) The insurer must not approve a pre-injury average weekly earnings agreement relating to a worker who is a person under legal incapacity.\n> \n> > (6) The insurer may decide to make weekly payments of compensation on the basis of the agreed amount of pre-injury average weekly earnings until the application for approval of the agreement is determined (an interim payment decision).\n> \n> > (7) For the avoidance of doubt, an interim payment decision is, for the purposes of clause 3 of Schedule 3 to the 1987 Act, a decision that is authorised to be made before the agreement can take effect.\n> > \n> > Note.\n> > \n> > Clause 3 of Schedule 3 to the 1987 Act provides that certain decisions authorised or required to be made by the regulations are taken not to be work capacity decisions for the purposes of Division 2 of Part 3 of that Act.\n> \n> > (8) The insurer is not to approve a pre-injury average weekly earnings agreement if, before the application for approval of the agreement was made, the insurer made a work capacity decision about the amount of the worker’s pre-injury average weekly earnings.\n> \n> > (9) The insurer is not to make a work capacity decision about the amount of the worker’s pre-injury average weekly earnings before the application for approval of the pre-injury average weekly earnings agreement is determined.\n> \n> > (10) As soon as practicable after an application is determined, the insurer must notify the worker and the employer of the determination.\n> \n> > (11) In this clause—\n> > \n> > person under legal incapacity includes the following persons—\n> > \n> > > (a) a child under the age of 18 years,\n> > \n> > > (b) an involuntary patient or forensic patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008),\n> > \n> > > (c) a person under guardianship within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257),\n> > \n> > > (d) a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049),\n> > \n> > > (e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing their will, in relation to their property or affairs.\n> \n> **cl 8K:** Ins 2019 (455), Sch 1\\[2\\]. Am 2020 (744), Sch 3\\[1\\] \\[2\\].","sortOrder":34},{"sectionNumber":"8L","sectionType":"section","heading":"Variation of agreement","content":"#### 8L Variation of agreement\n\n8L Variation of agreement\n\n> > (1) Only one pre-injury average weekly earnings agreement may be approved by the insurer in respect of the worker’s claim for weekly payments of compensation.\n> \n> > (2) However, the insurer may approve a variation of the pre-injury average weekly earnings agreement on the application of the worker or the employer if the worker’s entitlement to the use of a non-monetary benefit has been withdrawn on or after the date of the injury concerned.\n> \n> **cll 8L:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":35},{"sectionNumber":"8M","sectionType":"section","heading":"Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)","content":"#### 8M Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)\n\n8M Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)\n\n> > (1) A party to a pre-injury average weekly earnings agreement approved under this Division may withdraw from the agreement at any time by giving notice in writing to the other party and to the insurer.\n> \n> > (2) Within 7 days after receiving notice of the withdrawal, the insurer is to—\n> > \n> > > (a) determine the amount of the pre-injury average weekly earnings that applies to the worker for the purposes of Division 2 of Part 3 of the 1987 Act, and\n> > \n> > > (b) give the worker and the employer notice in writing of the withdrawal from the agreement and of the amount determined in accordance with paragraph (a).\n> \n> > (3) A decision of the insurer under this clause determining the applicable amount of pre-injury average weekly earnings is a work capacity decision and takes effect on the date of the notice under subclause (2)(b).\n> \n> > (4) However, subclause (3) does not limit the application of clause 8N in respect of any payment increase decision.\n> \n> Note.\n> \n> See also section 80 of the 1998 Act with respect to the required period of notice for the reduction of weekly payments.\n> \n> **cll 8M:** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":36},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous\n\n**pt 4, div 5 (cl 8N):** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":37},{"sectionNumber":"8N","sectionType":"section","heading":"Insurer procedures for work capacity decisions—section 44BAA","content":"#### 8N Insurer procedures for work capacity decisions—section 44BAA\n\n8N Insurer procedures for work capacity decisions—section 44BAA\n\n> > (1) Within 14 days after making a payment increase decision, the insurer must pay to the worker the amount of the increase in weekly payments of compensation that has become payable to the worker as a result of the decision.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A payment increase decision is a work capacity decision about the amount of a worker’s pre-injury average weekly earnings or current weekly earnings that results in an increase in the amount of weekly payments of compensation becoming payable to the worker in respect of any period before the decision is made.\n> \n> **pt 4, div 5 (cl 8N):** Ins 2019 (455), Sch 1\\[2\\].","sortOrder":38},{"sectionNumber":"Part 5","sectionType":"part","heading":"Return to work assistance","content":"# Part 5 Return to work assistance\n\nPart 5 Return to work assistance","sortOrder":39},{"sectionNumber":"9","sectionType":"section","heading":"Liability to pay compensation for work assistance","content":"#### 9 Liability to pay compensation for work assistance\n\n9 Liability to pay compensation for work assistance\n\n> > (1) For the purposes of section 64B of the 1987 Act, a pre-injury employer is not liable to pay compensation for the cost of work assistance provided to assist a worker to return to work with a new employer if—\n> > \n> > > (a) the offer of employment with the new employer is an offer of employment for a period of less than 3 months, or\n> > \n> > > (b) the offer of employment has not been made in writing.\n> \n> > (2) The person on whom a claim for compensation under section 64B of the 1987 Act is made must, within 14 days after the claim is made, determine the claim by accepting, or disputing, liability to pay the compensation.\n> \n> > (3) Words and expressions used in this clause have the same meaning as in section 64B of the 1987 Act.","sortOrder":40},{"sectionNumber":"10","sectionType":"section","heading":"Liability to pay compensation for education or training","content":"#### 10 Liability to pay compensation for education or training\n\n10 Liability to pay compensation for education or training\n\n> > (1) For the purposes of section 64C of the 1987 Act, an employer is not liable to pay compensation for the cost of education or training provided to assist a worker to return to work if—\n> > \n> > > (a) the provision of the education or training is inconsistent with the retraining or employment objectives of the injury management plan established for the worker, or\n> > \n> > > (b) the education or training is provided by any person or body other than—\n> > > \n> > > > (i) an NVR registered training organisation within the meaning of the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth, or\n> > > \n> > > > (ii) a registered higher education provider within the meaning of the [Tertiary Education Quality and Standards Agency Act 2011](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) The person on whom a claim for compensation under section 64C of the 1987 Act is made must, within 21 days after the claim is made, determine the claim by accepting, or disputing, liability to pay the compensation.","sortOrder":41},{"sectionNumber":"Part 6","sectionType":"part","heading":"Return-to-work programs under the 1998 Act","content":"# Part 6 Return-to-work programs under the 1998 Act\n\nPart 6 Return-to-work programs under the 1998 Act","sortOrder":42},{"sectionNumber":"11","sectionType":"section","heading":"Time within which program to be established","content":"#### 11 Time within which program to be established\n\n11 Time within which program to be established\n\n> > (1) A return-to-work program required to be established by a category 1 employer must be established before the expiration of the period of 12 months after the employer becomes a category 1 employer.\n> \n> > (2) A return-to-work program required to be established by a category 2 employer must be established before the expiration of the period of 12 months after the employer becomes a category 2 employer.\n> \n> > (3) The Authority may, in a particular case, extend the period during which a return-to-work program is required to be established.\n> \n> Note.\n> \n> Section 52(2)(b) of the 1998 Act requires a return-to-work program to be developed by an employer in consultation with workers of the employer and any industrial union of employees representing those workers.","sortOrder":43},{"sectionNumber":"12","sectionType":"section","heading":"Offence—failure to establish program","content":"#### 12 Offence—failure to establish program\n\n12 Offence—failure to establish program\n\n> An employer who fails to establish a return-to-work program under section 52 of the 1998 Act within the period required by this Regulation is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a category 1 employer—20 penalty units, or\n> \n> > (b) in the case of a category 2 employer—5 penalty units.","sortOrder":44},{"sectionNumber":"13","sectionType":"section","heading":"Standard return-to-work programs for category 2 employers","content":"#### 13 Standard return-to-work programs for category 2 employers\n\n13 Standard return-to-work programs for category 2 employers\n\n> > (1) The Authority may prepare (in accordance with the return-to-work guidelines) standard return-to-work programs for category 2 employers generally or for different kinds of category 2 employers.\n> \n> > (2) A category 2 employer may establish a return-to-work program by adopting a relevant standard return-to-work program prepared by the Authority under this clause.\n> \n> > (3) The Authority may include in a compensation claim approved form under section 65(1)(b) of the 1998 Act a copy of any standard return-to-work program prepared under this clause.","sortOrder":45},{"sectionNumber":"14","sectionType":"section","heading":"Program to comply with return-to-work guidelines etc","content":"#### 14 Program to comply with return-to-work guidelines etc\n\n14 Program to comply with return-to-work guidelines etc\n\n> > (1) An employer is not to be regarded as having established a return-to-work program unless the program complies with the return-to-work guidelines and any directions under or requirements of this Regulation.\n> \n> > (2) A category 2 employer who adopts a relevant standard return-to-work program under clause 13 is to be regarded as having duly established a return-to-work program.","sortOrder":46},{"sectionNumber":"15","sectionType":"section","heading":"Return-to-work guidelines for programs—directions","content":"#### 15 Return-to-work guidelines for programs—directions\n\n15 Return-to-work guidelines for programs—directions\n\n> > (1) The Authority may give an employer directions in writing in connection with any return-to-work program established, or to be established, by the employer to ensure that the program complies with the return-to-work guidelines.\n> \n> > (2) The Authority is to review a direction given by it under this clause if the employer concerned requests a review but need not review any particular direction more than once.","sortOrder":47},{"sectionNumber":"16","sectionType":"section","heading":"Nomination in programs of approved providers of workplace rehabilitation services","content":"#### 16 Nomination in programs of approved providers of workplace rehabilitation services\n\n16 Nomination in programs of approved providers of workplace rehabilitation services\n\n> > (1) A return-to-work program must, if the return-to-work guidelines so require, nominate an approved provider of workplace rehabilitation services (or a list of approved providers) for the purposes of the program.\n> \n> > (2) Consultation on the nomination of an approved provider of workplace rehabilitation services is to be carried out in such circumstances and in the manner that the return-to-work guidelines may provide.","sortOrder":48},{"sectionNumber":"16A","sectionType":"section","heading":"Notification of program","content":"#### 16A Notification of program\n\n16A Notification of program\n\n> A return-to-work program required to be notified to workers under section 52 of the 1998 Act may be notified by way of a computer program designed for use on a smartphone or other mobile device (in addition to any other method authorised by that section).\n> \n> **cl 16A:** Ins 2018 (729), Sch 1 \\[1\\].","sortOrder":49},{"sectionNumber":"17","sectionType":"section","heading":"Offence—failure to display or notify program","content":"#### 17 Offence—failure to display or notify program\n\n17 Offence—failure to display or notify program\n\n> An employer who fails to display or notify a return-to-work program in accordance with section 52(2)(c) and (d) of the 1998 Act is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a category 1 employer—10 penalty units, or\n> \n> > (b) in the case of a category 2 employer—2 penalty units.\n> \n> **cl 17:** Am 2018 (729), Sch 1 \\[2\\].","sortOrder":50},{"sectionNumber":"18","sectionType":"section","heading":"Notification etc of program by category 2 employer","content":"#### 18 Notification etc of program by category 2 employer\n\n18 Notification etc of program by category 2 employer\n\n> A category 2 employer is not required to display or notify a return-to-work program in accordance with section 52(2)(c) and (d) of the 1998 Act—\n> \n> > (a) if the employer provides a copy of the program to any worker who requests a copy or who claims compensation for any injury, or\n> \n> > (b) if the employer makes other appropriate arrangements to ensure that workers have access to a copy of the program.\n> \n> **cl 18:** Am 2018 (729), Sch 1 \\[3\\].","sortOrder":51},{"sectionNumber":"19","sectionType":"section","heading":"Category 1 employers must have return-to-work co-ordinator","content":"#### 19 Category 1 employers must have return-to-work co-ordinator\n\n19 Category 1 employers must have return-to-work co-ordinator\n\n> > (1) A category 1 employer must—\n> > \n> > > (a) employ a person to be a return-to-work co-ordinator for injured workers of the employer, being a person who has undergone such training as the return-to-work guidelines may require, or\n> > \n> > > (b) engage a person in accordance with such arrangements as the return-to-work guidelines may from time to time permit to be a return-to-work co-ordinator for injured workers of the employer.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The following are examples of the arrangements that the return-to-work guidelines can permit for the purposes of this clause—\n> > \n> > > (a) the engagement of a person under an arrangement with a person or organisation that provides return-to-work co-ordinators to employers,\n> > \n> > > (b) an arrangement under which a person is engaged on a shared basis by 2 or more employers.\n> \n> > (3) The return-to-work guidelines can require an employer to obtain the approval of the Authority before entering into an arrangement for the purposes of subclause (1)(b).\n> \n> > (4) The return-to-work guidelines can impose requirements with respect to the training, qualifications and experience of persons who may be engaged to be return-to-work co-ordinators under subclause (1)(b).","sortOrder":52},{"sectionNumber":"20","sectionType":"section","heading":"Functions of return-to-work co-ordinators","content":"#### 20 Functions of return-to-work co-ordinators\n\n20 Functions of return-to-work co-ordinators\n\n> An employer’s return-to-work co-ordinator has such functions as may be specified in the return-to-work guidelines.","sortOrder":53},{"sectionNumber":"21","sectionType":"section","heading":"Exemptions","content":"#### 21 Exemptions\n\n21 Exemptions\n\n> The following classes of employers, to the extent indicated, are exempt from the requirement to establish a return-to-work program under section 52 of the 1998 Act and from clause 19—\n> \n> > (a) employers (including bodies corporate for strata schemes or strata (leasehold) schemes) who employ domestic or similar workers otherwise than for the purposes of the employer’s trade or business (but only to the extent of the workers concerned),\n> \n> > (b) employers who hold owner-builder permits under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) (but only to the extent of workers employed for the purposes of the work to which the permits relate),\n> \n> > (c) employers (being corporations) who only employ workers who are directors of the corporation,\n> \n> > (d) employers who only employ workers who are members of the employer’s family,\n> \n> > (e) employers who only employ workers who perform work while outside New South Wales,\n> \n> > (f) employers exempted in writing by the Authority (but only to the extent specified in the exemption).","sortOrder":54},{"sectionNumber":"Part 7","sectionType":"part","heading":"Approval of workplace rehabilitation providers","content":"# Part 7 Approval of workplace rehabilitation providers\n\nPart 7 Approval of workplace rehabilitation providers","sortOrder":55},{"sectionNumber":"22","sectionType":"section","heading":"Application for certificate of approval","content":"#### 22 Application for certificate of approval\n\n22 Application for certificate of approval\n\n> > (1) A person may apply to the Authority for a certificate of approval as a provider of workplace rehabilitation services.\n> \n> > (2) Two or more persons jointly providing, or intending to jointly provide, workplace rehabilitation services may (but are not required to) apply for a joint certificate of approval.\n> \n> > (3) An application must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain the particulars and be accompanied by the documents that are required by that form, and\n> > \n> > > (c) be accompanied by such fee as the Authority may determine.","sortOrder":56},{"sectionNumber":"23","sectionType":"section","heading":"Determination of application","content":"#### 23 Determination of application\n\n23 Determination of application\n\n> > (1) The Authority is to determine an application for a certificate of approval—\n> > \n> > > (a) by granting a certificate to the applicant in the applicant’s name, or, if there is more than one applicant, in their joint names, or\n> > \n> > > (b) by refusing to grant a certificate.\n> \n> > (2) In determining an application for a certificate of approval, the Authority is to have regard to—\n> > \n> > > (a) the application, and\n> > \n> > > (b) in relation to the applicant or each applicant (if more than one)—\n> > > \n> > > > (i) if the applicant is a natural person—the desirability of granting individual approval to natural persons, and\n> > > \n> > > > (ii) the capacity of the applicant to comply with the conditions of approval for workplace rehabilitation providers approved by the Authority, and\n> > > \n> > > > (iii) any information supplied by a trade union or employer organisation relating to the applicant’s provision of rehabilitation services, and\n> > > \n> > > > (iv) any complaint lodged with the Authority against the applicant by a client of the applicant, and\n> > > \n> > > > (v) information procured in the course of any interviews with or examination of premises used by the applicant, and\n> > > \n> > > > (vi) verification of any references supplied by the applicant, and\n> > \n> > > (c) any relevant information relating to workers compensation costs and statistics concerning the return to work of injured workers, and\n> > \n> > > (d) any other matters that the Authority thinks fit.\n> \n> > (3) The Authority must not grant a certificate unless—\n> > \n> > > (a) in the case of an application by a natural person or natural persons—the Authority is of the opinion that the applicant or each applicant is a fit and proper person to hold a certificate and is of or above the age of 18 years, and\n> > \n> > > (b) in the case of an application by a corporation—\n> > > \n> > > > (i) the Authority is of the opinion that the corporation is a fit and proper person to hold a certificate, and\n> > > \n> > > > (ii) each director of the corporation would, if the application had been made by the director, be a fit and proper person to be granted a certificate.","sortOrder":57},{"sectionNumber":"24","sectionType":"section","heading":"Form of certificate of approval","content":"#### 24 Form of certificate of approval\n\n24 Form of certificate of approval\n\n> > (1) A person may be granted a certificate of approval in respect of one or more of the following classes of approval—\n> > \n> > > (a) a provider of services related to return to work with the pre-injury employer,\n> > \n> > > (b) a provider of services related to return to work with a different employer,\n> > \n> > > (c) a provider of specialist workplace rehabilitation services.\n> \n> > (2) A certificate is to be in the approved form and is to specify—\n> > \n> > > (a) the name of the person or, in the case of a joint certificate, the names of the persons to whom the certificate is granted, and\n> > \n> > > (b) the class or classes of approval for which the certificate is granted.","sortOrder":58},{"sectionNumber":"25","sectionType":"section","heading":"Holder of certificate to comply with conditions","content":"#### 25 Holder of certificate to comply with conditions\n\n25 Holder of certificate to comply with conditions\n\n> > (1) It is a requirement of every certificate of approval that the holder of the certificate must comply with the conditions for approval for workplace rehabilitation providers approved by the Authority that are appropriate for the class or classes of approval for which the certificate is granted, being conditions of which the holder has been notified.\n> \n> > (2) A certificate may be granted subject to such other conditions as may be specified in the certificate.\n> \n> > (3) The Authority may, by notice in writing served on the holder of a certificate, amend or revoke the conditions specified in the certificate or add to those conditions.\n> \n> > (4) Any such amendment, revocation or addition takes effect on and from a date specified in the Authority’s notice, being a date at least 7 days after the notice is served on the holder of the certificate.","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"Amendment of certificate","content":"#### 26 Amendment of certificate\n\n26 Amendment of certificate\n\n> > (1) The Authority may amend a certificate—\n> > \n> > > (a) on the application of a person who does not hold a certificate and proposes to provide a workplace rehabilitation service jointly with the holder of a certificate, by adding the name of the person as a joint holder of the certificate, or\n> > \n> > > (b) on the application of a joint holder of a certificate who ceases to provide workplace rehabilitation services, by deleting the person’s name from the certificate, or\n> > \n> > > (c) on the application of a holder of a certificate, by amending the specification of the class or classes of approval for which the certificate is granted.\n> \n> > (2) An application under this clause must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) contain the particulars and be accompanied by the documents that are specified in that form, and\n> > \n> > > (c) be accompanied by such fee as the Authority may determine.\n> \n> > (3) The Authority is to determine an application under this clause—\n> > \n> > > (a) by granting the application and amending the certificate accordingly, or\n> > \n> > > (b) by refusing the application.\n> \n> > (4) If an application referred to in subclause (1)(a) is granted and the certificate is amended by specifying in the certificate the name of the person concerned, that person is taken to be a person to whom the certificate is granted.","sortOrder":60},{"sectionNumber":"27","sectionType":"section","heading":"Notice of refusal","content":"#### 27 Notice of refusal\n\n27 Notice of refusal\n\n> > (1) If the Authority refuses to grant or amend a certificate of approval, the Authority must as soon as practicable cause notice of the refusal to be served on the applicant.\n> \n> > (2) In the case of a joint application, it is a sufficient compliance with subclause (1) if the notice of refusal is served on any one of the applicants.\n> \n> > (3) The Authority is taken to have refused to grant or amend a certificate (and is taken to have notified the applicant accordingly) if the Authority does not give a decision on an application within 4 months after the date of lodgment of the application.","sortOrder":61},{"sectionNumber":"28","sectionType":"section","heading":"Duration of certificates","content":"#### 28 Duration of certificates\n\n28 Duration of certificates\n\n> > (1) A certificate of approval remains in force, unless sooner cancelled or surrendered, for the period determined by the Authority and specified in the certificate.\n> \n> > (2) A certificate may be renewed from time to time by the grant of a further certificate.","sortOrder":62},{"sectionNumber":"29","sectionType":"section","heading":"Surrender of certificates","content":"#### 29 Surrender of certificates\n\n29 Surrender of certificates\n\n> A holder of a certificate of approval may surrender it by delivering it to the Authority with notice in writing that the certificate is surrendered.","sortOrder":63},{"sectionNumber":"30","sectionType":"section","heading":"Duplicate certificates","content":"#### 30 Duplicate certificates\n\n30 Duplicate certificates\n\n> If the Authority is satisfied that a certificate of approval has been lost or destroyed, the Authority may, on payment of such fee as the Authority may determine, issue a duplicate certificate.","sortOrder":64},{"sectionNumber":"31","sectionType":"section","heading":"Register of certificates","content":"#### 31 Register of certificates\n\n31 Register of certificates\n\n> > (1) The Authority is to cause a register of certificates of approval to be kept, in the form determined by the Authority, and is to cause to be recorded in the register in respect of each certificate—\n> > \n> > > (a) the matters required by this Regulation to be specified in the certificate, and\n> > \n> > > (b) particulars of any amendment of the certificate, and\n> > \n> > > (c) particulars of any cancellation, suspension or surrender of the certificate, and\n> > \n> > > (d) any other matters that the Authority thinks fit.\n> \n> > (2) The Authority may cause to be made such alterations of the register that are necessary to ensure that the register is an accurate record.\n> \n> > (3) The register may be inspected by any person at the office of the Authority during the Authority’s usual office hours and copies of all or any part of the register may be taken on payment of such fee as the Authority may determine.","sortOrder":65},{"sectionNumber":"32","sectionType":"section","heading":"False or misleading statements","content":"#### 32 False or misleading statements\n\n32 False or misleading statements\n\n> A person must not, in or in connection with an application for a certificate of approval or amendment of such a certificate, make any statement which the person knows to be false or misleading in a material particular.\n> \n> Maximum penalty—20 penalty units.","sortOrder":66},{"sectionNumber":"33","sectionType":"section","heading":"Cancellation or suspension of certificate","content":"#### 33 Cancellation or suspension of certificate\n\n33 Cancellation or suspension of certificate\n\n> > (1) The Authority may cancel or suspend a certificate of approval if the Authority is satisfied—\n> > \n> > > (a) that the holder of the certificate has made a statement in or in connection with an application for the certificate or amendment of the certificate that the holder knows to be false or misleading in a material particular, or\n> > \n> > > (b) that the holder of the certificate has contravened a condition of the certificate, or\n> > \n> > > (c) that the holder of the certificate has been convicted of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more, or\n> > \n> > > (d) that the holder of the certificate, not being a corporation, has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of remuneration for their benefit, or\n> > \n> > > (e) that the holder of the certificate, being a corporation—\n> > > \n> > > > (i) is in the course of being wound up, or\n> > > \n> > > > (ii) is under administration, or\n> > > \n> > > > (iii) is a corporation in respect of the property of which a receiver or manager (or other controller within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) has been appointed, or\n> > > \n> > > > (iv) has entered into a compromise or arrangement with its creditors, or\n> > \n> > > (f) that the holder of the certificate has not provided workplace rehabilitation services for a continuous period of 3 months or more, or\n> > \n> > > (g) that the holder of the certificate is for any other reason not a fit and proper person to hold a certificate, or\n> > \n> > > (h) in the case of a holder of a certificate, being a corporation—that any director of the corporation—\n> > > \n> > > > (i) has been convicted of an offence referred to in paragraph (c), or\n> > > \n> > > > (ii) for any other reason would not be a fit and proper person to hold a certificate, if the certificate were held by the person.\n> \n> > (2) The grounds referred to in subclause (1) (except paragraph (f)) are taken to exist—\n> > \n> > > (a) in the case of a joint certificate—if those grounds apply to any holder of that certificate, or\n> > \n> > > (b) in the case of 2 or more certificates held by persons providing workplace rehabilitation services in partnership—if those grounds apply to any holder of any of those certificates.\n> \n> > (3) Before cancelling or suspending a certificate, the Authority must give the holder of the certificate an opportunity to show cause why the certificate should not be cancelled or suspended on such grounds as are notified to the holder.\n> \n> > (4) The cancellation or suspension of a certificate does not take effect until notice in writing of the cancellation or suspension has been served on the holder of the certificate.","sortOrder":67},{"sectionNumber":"34","sectionType":"section","heading":"False claim of approval","content":"#### 34 False claim of approval\n\n34 False claim of approval\n\n> A person must not falsely hold himself or herself out as being the holder of a certificate of approval.\n> \n> Maximum penalty—20 penalty units.","sortOrder":68},{"sectionNumber":"Part 8","sectionType":"part","heading":"Notices and claims procedure","content":"# Part 8 Notices and claims procedure\n\nPart 8 Notices and claims procedure","sortOrder":69},{"sectionNumber":"35","sectionType":"section","heading":"Notification of workplace injury","content":"#### 35 Notification of workplace injury\n\n35 Notification of workplace injury\n\n> > (1) For the purposes of section 44(2) of the 1998 Act, notification to an insurer or the Nominal Insurer by an employer that a worker has received a workplace injury must be given in any of the following ways—\n> > \n> > > (a) by electronic communication (using a mode of electronic communication approved by the insurer or the Nominal Insurer) providing the information requested by the insurer or the Nominal Insurer,\n> > \n> > > (b) in writing by completing a notification form approved for the purpose by the insurer or the Nominal Insurer and sending the completed form to the insurer or the Nominal Insurer by post or facsimile transmission at the address or facsimile number indicated on the form, or by completing and lodging the form in person at an office of the insurer or the Nominal Insurer,\n> > \n> > > (c) by telephone to the insurer or the Nominal Insurer, giving such information as may be requested of the caller.\n> \n> > (2) An employer who gives a notification under section 44(2) of the 1998 Act must make and keep for at least 5 years after the notification is given—\n> > \n> > > (a) a record of the date, time, place and nature of the injury to which the notification relates, and\n> > \n> > > (b) a record of the date on which and the way in which the notification was given, and\n> > \n> > > (c) a record of any acknowledgment (such as a receipt number) given to the employer by the insurer or the Nominal Insurer as evidence of receipt of the notification.\n> > \n> > Note.\n> > \n> > An entry in the register of injuries kept under section 256 of the 1998 Act is a sufficient record of an injury for the purposes of this clause. The record of an acknowledgment of the notification can also be made and kept as part of the register of injuries.\n> \n> > (3) An employer must make the records kept under subclause (2) available for inspection in accordance with, and in any event no later than 7 days after the date of, a request by—\n> > \n> > > (a) an authorised officer, or\n> > \n> > > (b) if any employee of the employer is a member of an industrial organisation of employees—an authorised employee representative of that organisation.\n> \n> > (4) In this clause—\n> > \n> > authorised employee representative of an industrial organisation of employees, means a person who is an authorised industrial officer within the meaning of Part 7 of Chapter 5 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) in respect of that industrial organisation of employees.\n> > \n> > authorised officer means an inspector under section 238 of the 1998 Act.\n> \n> Maximum penalty—20 penalty units.","sortOrder":70},{"sectionNumber":"36","sectionType":"section","heading":"Employer must give early notification of workplace injury","content":"#### 36 Employer must give early notification of workplace injury\n\n36 Employer must give early notification of workplace injury\n\n> A person who fails to comply with section 44(2) of the 1998 Act is guilty of an offence.\n> \n> Maximum penalty—20 penalty units.","sortOrder":71},{"sectionNumber":"37","sectionType":"section","heading":"Notice of injury involving loss of hearing","content":"#### 37 Notice of injury involving loss of hearing\n\n37 Notice of injury involving loss of hearing\n\n> > (1) If an injury is a loss, or further loss, of hearing that is of such a nature as to be caused by a gradual process (including boilermaker’s deafness and any deafness of a similar origin)—\n> > \n> > > (a) notice of injury is to be given by the worker under section 61 of the 1998 Act—\n> > > \n> > > > (i) if the worker is employed by an employer in an employment to the nature of which the injury is due to that employer, or\n> > > \n> > > > (ii) if the worker is not so employed, to the last employer by whom the worker was employed in an employment to the nature of which the injury is due, and\n> > \n> > > (b) the notice must be in writing and be in the approved form.\n> \n> > (2) Any forms issued by insurers and self-insurers for the giving of notice by workers of an injury referred to in subclause (1) must also contain such information (if any) as the Authority may from time to time approve and notify to insurers and self-insurers.","sortOrder":72},{"sectionNumber":"38","sectionType":"section","heading":"Notice of insurer decisions","content":"#### 38 Notice of insurer decisions\n\n38 Notice of insurer decisions\n\n> > (1) A notice under section 78 of the 1998 Act of an insurer’s decision to dispute liability in respect of a claim or any aspect of a claim (except in connection with a work injury damages matter), or to discontinue or reduce the amount of weekly payments of compensation, is to contain the following information—\n> > \n> > > (a) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation, and by the employer in connection with the claim,\n> > \n> > > (b) a statement identifying all the reports of the type to which clause 41 applies that are relevant to the decision, whether or not the reports support the reasons for the decision,\n> > \n> > > (c) a statement advising that a copy of a report required to be provided by the insurer under clause 41(3) (except as provided by clause 41(5) or (6)) accompanies the notice,\n> > \n> > > (d) details of the procedure for requesting a review of the decision,\n> > \n> > > (e) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner, from the Independent Review Officer or from any other relevant service established by the Authority,\n> > \n> > > (f) the contact details for the Independent Review Officer,\n> > \n> > > (g) the street address and the email address of the President,\n> > \n> > > (h) a summary, in the approved form, of the effect of the decision, the worker’s rights of review, the procedure for requesting a review and the legal and other services that may be available to the worker to provide advice or assistance in relation to the dispute.\n> \n> > (2) If the notice relates to a decision to discontinue weekly payments of compensation, the insurer must give a copy of the summary referred to in subclause (1)(h) to any current employer of the worker who is liable to pay the compensation (except in circumstances where the compensation is paid by the insurer).\n> \n> **cl 38:** Subst 2018 (729), Sch 1 \\[4\\]. Am 2020 (744), Sch 3\\[3\\].","sortOrder":73},{"sectionNumber":"38A","sectionType":"section","heading":"Notice of insurer decisions—work injury damages","content":"#### 38A Notice of insurer decisions—work injury damages\n\n38A Notice of insurer decisions—work injury damages\n\n> A notice under section 78 of the 1998 Act of an insurer’s decision to dispute liability in a work injury damages matter is to contain the following information—\n> \n> > (a) a statement to the effect that, before a claimant can commence court proceedings, the claimant must firstly serve a pre-filing statement (in accordance with section 315 of the 1998 Act) on the defendant and secondly refer the claim to the Commission for mediation (in accordance with section 318A of the 1998 Act),\n> \n> > (b) a statement to the effect that the claimant is not entitled to raise matters in court proceedings that are materially different from those contained in the pre-filing statement, except with the leave of the court,\n> \n> > (c) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,\n> \n> > (d) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner or from any relevant service established by the Authority,\n> \n> > (e) the street address and the email address of the President or the Principal Registrar (within the meaning of the [District Court Act 1973](/view/html/inforce/current/act-1973-009)) of the District Court.\n> \n> **cl 38A:** Ins 2018 (729), Sch 1 \\[4\\]. Am 2020 (744), Sch 3\\[3\\].","sortOrder":74},{"sectionNumber":"38B","sectionType":"section","heading":"Notice requirements—coal miners","content":"#### 38B Notice requirements—coal miners\n\n38B Notice requirements—coal miners\n\n> A notice under section 74 of the 1998 Act of an insurer’s decision to dispute liability in a coal miner matter is to contain the following information—\n> \n> > (a) a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,\n> \n> > (b) a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from an Australian legal practitioner or from any relevant service established by the Authority,\n> \n> > (c) a statement to the effect that the worker can refer the dispute for determination by the District Court,\n> \n> > (d) if the insurer has referred or proposes to refer the dispute for determination by the District Court, a statement to that effect specifying the date of referral or proposed referral,\n> \n> > (e) a statement to the effect that the matters that may be referred to the District Court are limited to matters notified in the notice, in a notice after a further review in correspondence prior to any such referral concerning an offer of settlement or in a request for a further review, except with the leave of the District Court,\n> \n> > (f) the street address and the email address of the Principal Registrar (within the meaning of the [District Court Act 1973](/view/html/inforce/current/act-1973-009)) of the District Court.\n> \n> Note.\n> \n> The repeal of section 74 of the 1998 Act by the [Workers Compensation Legislation Amendment Act 2018](/view/html/inforce/current/act-2018-062) does not apply to coal miners. See clause 5 of Part 19L of Schedule 6 to the 1987 Act.\n> \n> **cl 38B:** Ins 2018 (729), Sch 1 \\[4\\].","sortOrder":75},{"sectionNumber":"39","sectionType":"section","heading":"Form of notice to be posted up at workplace","content":"#### 39 Form of notice to be posted up at workplace\n\n39 Form of notice to be posted up at workplace\n\n> > (1) For the purposes of section 231(1) of the 1998 Act—\n> > \n> > > (a) a summary of the requirements of that Act with regard to the giving of notice of injuries and the making of claims is to be in the approved form, and\n> > \n> > > (b) other information required to be posted up in accordance with that section is the other information contained in the approved form.\n> \n> > (2) An approved form that ceases to be an approved form (as a result of the amendment or substitution of an approved form) continues to be an approved form for the purposes of a notice posted up under section 231 of the 1998 Act that was in that form immediately before it ceased to be an approved form, but only until the earlier of—\n> > \n> > > (a) the renewal or replacement of the notice, or\n> > \n> > > (b) 12 months after the form ceases to be an approved form.","sortOrder":76},{"sectionNumber":"40","sectionType":"section","heading":"Form of register of injuries to be kept at workplace","content":"#### 40 Form of register of injuries to be kept at workplace\n\n40 Form of register of injuries to be kept at workplace\n\n> > (1) The register of injuries required to be kept under section 256 of the 1998 Act may be kept in written or electronic form.\n> \n> > (2) The register of injuries may be kept in electronic form only if the employer provides education, training and facilities to ensure that workers are able to access the register.\n> \n> > (3) The particulars to be entered in the register of injuries are the following—\n> > \n> > > (a) the name of the injured worker,\n> > \n> > > (b) the worker’s address,\n> > \n> > > (c) the worker’s age at the time of injury,\n> > \n> > > (d) the worker’s occupation at the time of injury,\n> > \n> > > (e) the industry in which the worker was engaged at the time of injury,\n> > \n> > > (f) the time and date (or deemed date) of injury,\n> > \n> > > (g) the nature of the injury,\n> > \n> > > (h) the cause of the injury.","sortOrder":77},{"sectionNumber":"41","sectionType":"section","heading":"Access to certain medical reports and other reports obtained by insurer","content":"#### 41 Access to certain medical reports and other reports obtained by insurer\n\n41 Access to certain medical reports and other reports obtained by insurer\n\n> > (1) This clause applies to the following types of reports that an employer or insurer has in the employer’s or insurer’s possession—\n> > \n> > > (a) medical reports, including medical reports provided pursuant to section 119 (Medical examination of workers at direction of employer) of the 1998 Act,\n> > \n> > > (b) certificates of capacity,\n> > \n> > > (c) clinical notes,\n> > \n> > > (d) investigators’ reports,\n> > \n> > > (e) workplace rehabilitation providers’ reports,\n> > \n> > > (f) health service providers’ reports,\n> > \n> > > (g) reports obtained by or provided to an employer or insurer that contain information relevant to the claim on which a decision to dispute liability is made.\n> \n> > (2) This clause applies to the following decisions of an employer or insurer relating to an injured worker—\n> > \n> > > (a) a decision to dispute liability in respect of a claim, or any aspect of a claim (in circumstances requiring the insurer to give the worker a notice under Division 3 of Part 2 of Chapter 4 of the 1998 Act),\n> > \n> > > (b) a decision to discontinue payment, or to reduce the amount of weekly benefits (in circumstances requiring the insurer to give the worker a notice under Division 3 of Part 2 of Chapter 4 of the 1998 Act),\n> > \n> > > (c) a decision on the review under section 287A of the 1998 Act of a decision described in paragraph (a) or (b) that confirms the original decision.\n> \n> > (3) For the purposes of sections 73(1) and 126(2) of the 1998 Act, if an employer or insurer makes a decision to which this clause applies, the employer or insurer must provide a copy of any relevant report to which this clause applies to the worker, as an attachment to a notice under Division 3 of Part 2 of Chapter 4 of the 1998 Act or section 287A of the 1998 Act, as the case may be, except where the report has already been supplied to the worker and that report is identified in a statement under clause 38(1)(d).\n> \n> > (4) The obligation in this clause to provide a copy of a report applies to any report that is relevant to the claim or any aspect of the claim to which the decision relates, whether or not the report supports the reasons for the decision.\n> \n> > (5) If the employer or insurer is of the opinion that supplying a worker with a copy of a report would pose a serious threat to the life or health of the worker or any other person, the employer or insurer may instead supply the report—\n> > \n> > > (a) in the case of a medical report, certificate of capacity or clinical notes—to a medical practitioner nominated by the worker for that purpose, or\n> > \n> > > (b) in any other case—to a law practice representing the worker.\n> \n> > (6) If, on the application of an employer or insurer, the Authority is satisfied that supplying the worker with a copy of the report would pose a serious threat to the life or health of the worker or any other person and that supplying the report as provided by this clause would not be appropriate, the Authority may—\n> > \n> > > (a) direct that the report be supplied to such other persons as the Authority considers appropriate, or\n> > \n> > > (b) make such other directions as the Authority thinks fit.\n> \n> **cl 41:** Am 2018 No 62, Sch 1.3 \\[5\\].","sortOrder":78},{"sectionNumber":"42","sectionType":"section","heading":"Interim payment direction not presumed to be warranted","content":"#### 42 Interim payment direction not presumed to be warranted\n\n42 Interim payment direction not presumed to be warranted\n\n> For the purposes of section 297(3)(e) of the 1998 Act, it is not to be presumed that an interim payment direction for weekly payments of compensation is warranted in circumstances where the insurer has given the worker notice under section 78 of the 1998 Act (Insurer to give notice of decisions).\n> \n> **cl 42:** Am 2018 No 62, Sch 1.3 \\[6\\].","sortOrder":79},{"sectionNumber":"42A","sectionType":"section","heading":"Review of decisions by insurer","content":"#### 42A Review of decisions by insurer\n\n42A Review of decisions by insurer\n\n> > (1) A request under section 287A of the 1998 Act for a review of a decision of an insurer must be in writing.\n> \n> > (2) The insurer must consider any relevant material submitted by the worker in connection with the request.\n> \n> > (3) The request must not be dealt with by any person substantially involved in making the decision the subject of the request.\n> \n> **cll 42A:** Ins 2018 (729), Sch 1 \\[5\\].","sortOrder":80},{"sectionNumber":"42B","sectionType":"section","heading":"Notice of review decision","content":"#### 42B Notice of review decision\n\n42B Notice of review decision\n\n> A notice under section 287A of the 1998 Act of an insurer’s decision on a review is to—\n> \n> > (a) be in writing, and\n> \n> > (b) contain the information referred to in clause 38(1), and\n> \n> > (c) contain a concise and readily understandable statement of the reason for the insurer’s decision and of the issues relevant to the decision, and\n> \n> > (d) identify any provision of the workers compensation legislation on which the insurer relies in making the decision.\n> \n> **cll 42B:** Ins 2018 (729), Sch 1 \\[5\\].","sortOrder":81},{"sectionNumber":"Part 9","sectionType":"part","heading":"Restrictions on obtaining medical reports","content":"# Part 9 Restrictions on obtaining medical reports\n\nPart 9 Restrictions on obtaining medical reports","sortOrder":82},{"sectionNumber":"43","sectionType":"section","heading":"Definitions","content":"#### 43 Definitions\n\n43 Definitions\n\n> In this Part—\n> \n> claim means a claim for compensation payable or claimed to be payable under the 1987 Act.\n> \n> medical assessor has the same meaning as in the 1998 Act.\n> \n> proceedings means proceedings before the Commission or the District Court.\n> \n> work injury damages threshold dispute means a dispute within the meaning of section 314 of the 1998 Act.\n> \n> **cl 43:** Am 2020 (744), Sch 3\\[4\\].","sortOrder":83},{"sectionNumber":"44","sectionType":"section","heading":"Restrictions on number of medical reports that can be admitted","content":"#### 44 Restrictions on number of medical reports that can be admitted\n\n44 Restrictions on number of medical reports that can be admitted\n\n> > (1) In any proceedings on a claim or a work injury damages threshold dispute in relation to an injured worker, only one forensic medical report may be admitted on behalf of a party to proceedings.\n> \n> > (2) A report referred to in subclause (1) must be from a specialist medical practitioner with qualifications relevant to the treatment of the injured worker’s injury.\n> \n> > (3) Where the injury has involved treatment by more than one specialist medical practitioner, with different qualifications, then an additional forensic medical report may be admitted from a medical practitioner with qualifications in that specialty.\n> \n> > (4) In this clause—\n> > \n> > forensic medical report, in relation to a claim or dispute—\n> > \n> > > (a) means a report from a specialist medical practitioner who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of the claim or dispute, and\n> > \n> > > (b) includes a medical report provided by a specialist medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act, and\n> > \n> > > (c) does not include a report from a specialist medical practitioner who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of another claim or dispute.","sortOrder":84},{"sectionNumber":"45","sectionType":"section","heading":"Supplementary reports admissible","content":"#### 45 Supplementary reports admissible\n\n45 Supplementary reports admissible\n\n> > (1) Despite clauses 44 and 46, a medical report other than the original report (a supplementary report) may be admitted if—\n> > \n> > > (a) it has the purpose of clarifying the original report, for example, where it can be shown that there has been some omission in relation to the material originally provided that could lead to an opinion in the original report being expressed on the basis of inaccurate or incomplete information and it does not go outside the parameters of the original report, but merely confirms, modifies or retracts an opinion expressed in the original report, or\n> > \n> > > (b) it has the purpose of updating the original report by confirming, modifying or retracting an opinion expressed in the original report, or\n> > \n> > > (c) it has the purpose of addressing issues omitted from the original report, or\n> > \n> > > (d) it has the purpose of addressing an opinion in the other party’s medical report.\n> \n> > (2) A supplementary report can be provided as an addendum to the original report and in any such case the original report together with that addendum constitute the report referred to in clauses 44 and 46.\n> \n> > (3) A supplementary report must have been provided by the medical practitioner who provided the original report except when the medical practitioner has ceased (permanently or temporarily) to practise in the specialty concerned, in which case the supplementary report must be provided by another medical practitioner of the same specialty.","sortOrder":85},{"sectionNumber":"46","sectionType":"section","heading":"Restriction on disclosure of forensic medical reports to medical assessors","content":"#### 46 Restriction on disclosure of forensic medical reports to medical assessors\n\n46 Restriction on disclosure of forensic medical reports to medical assessors\n\n> > (1) A forensic medical report must be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute if any of the following occurs—\n> > \n> > > (a) the report was admitted in proceedings on the claim or dispute,\n> > \n> > > (b) no decision has been made as to whether or not the report is to be admitted, and—\n> > > \n> > > > (i) the report was the report nominated by the claimant or respondent as the report that the claimant or respondent concerned would introduce into evidence in proceedings on the claim, or\n> > > \n> > > > (ii) the report was the sole report in the particular specialty concerned that was lodged in relation to the claim by the claimant or respondent, as the case may be,\n> > \n> > > (c) the medical assessor calls for the production of the report under section 324(1)(b) of the 1998 Act.\n> \n> > (2) A forensic medical report is not to be disclosed to a medical assessor in connection with a claim or a work injury damages threshold dispute otherwise than in accordance with this clause.\n> \n> > (3) Nothing in this clause permits more than one forensic medical report of the type referred to in clause 44 to be disclosed to a medical assessor on behalf of a party to proceedings.\n> \n> > (4) In this clause—\n> > \n> > forensic medical report—\n> > \n> > > (a) means a report from a specialist who has not treated the worker and that has been obtained for the purpose of proving or disproving an entitlement, or the extent of an entitlement, in respect of a claim or dispute, and\n> > \n> > > (b) includes a medical report provided by a medical practitioner in respect of an examination of the injured worker pursuant to section 119 of the 1998 Act.\n> \n> **cl 46:** Am 2020 (744), Sch 3\\[5\\]–\\[7\\].","sortOrder":86},{"sectionNumber":"47","sectionType":"section","heading":"Restrictions on recovery of cost of medical reports","content":"#### 47 Restrictions on recovery of cost of medical reports\n\n47 Restrictions on recovery of cost of medical reports\n\n> > (1) A party to proceedings on a claim is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless—\n> > \n> > > (a) the report has been admitted into those proceedings on behalf of the party, or\n> > \n> > > (b) the report has been disclosed to a medical assessor.\n> \n> > (2) A party to a claim where no proceedings have been taken is not entitled to be paid for or recover the cost of a medical report in connection with the claim unless the report has been served on another party, and—\n> > \n> > > (a) the report would be admissible in proceedings on behalf of the party, or\n> > \n> > > (b) the report could be disclosed to a medical assessor.\n> \n> > (3) In this clause—\n> > \n> > > (a) a reference to a claim includes a reference to an initial notification of injury (as defined in Part 3 of Chapter 7 of the 1998 Act), and\n> > \n> > > (b) a reference to proceedings on a claim includes a reference to proceedings in respect of the payment of provisional weekly payments of compensation under the 1998 Act.\n> \n> **cll 47:** Am 2020 (744), Sch 3\\[6\\].","sortOrder":87},{"sectionNumber":"48","sectionType":"section","heading":"Medical treatment not affected","content":"#### 48 Medical treatment not affected\n\n48 Medical treatment not affected\n\n> This Part does not affect any entitlement of an injured worker to be paid for or recover the cost of obtaining medical treatment.","sortOrder":88},{"sectionNumber":"49","sectionType":"section","heading":"Reports of medical panels and referees not affected","content":"#### 49 Reports of medical panels and referees not affected\n\n49 Reports of medical panels and referees not affected\n\n> This Part does not apply in respect of a medical report provided by a medical assessor under Part 7 of Chapter 7 of the 1998 Act in respect of the assessment of a new claim within the meaning of that Chapter.\n> \n> **cll 49:** Am 2020 (744), Sch 3\\[6\\].","sortOrder":89},{"sectionNumber":"Part 10","sectionType":"part","heading":"Insurance policies","content":"# Part 10 Insurance policies\n\nPart 10 Insurance policies","sortOrder":90},{"sectionNumber":"50","sectionType":"section","heading":"Administration fees and late payment fees for exempt employers","content":"#### 50 Administration fees and late payment fees for exempt employers\n\n50 Administration fees and late payment fees for exempt employers\n\n> > (1) The amount of $175 is prescribed as the administration fee payable under section 155AA(5) of the 1987 Act.\n> \n> > (2) The Nominal Insurer may serve a notice in writing on an employer to whom section 155AA(5) of the 1987 Act applies notifying the employer that the administration fee referred to in that subsection is due and payable.\n> \n> > (3) The administration fee referred to in subclause (2) must be paid by the employer within one month of the service of the notice.\n> \n> > (4) A late payment fee calculated at the prescribed rate (within the meaning of section 172 of the 1987 Act) applicable to a policy of insurance issued or renewed on the date that notice was served is payable if an administration fee is not paid within the one month period referred to in subclause (3).\n> \n> > (5) The Authority may waive payment (either in full or in part) of an administration fee or late payment fee payable under section 155AA of the 1987 Act.\n> \n> > (6) The Nominal Insurer is to pay any administration fees and late payment fees it has received under section 155AA of the 1987 Act into the Insurance Fund. Administration fees paid into the Insurance Fund are to be treated as premiums payable under policies of insurance.","sortOrder":91},{"sectionNumber":"51","sectionType":"section","heading":"Provisions of policies of insurance","content":"#### 51 Provisions of policies of insurance\n\n51 Provisions of policies of insurance\n\n> For the purposes of section 159 of the 1987 Act, a policy of insurance—\n> \n> > (a) must contain the provisions specified in Schedule 3, and\n> \n> > (b) may contain any other provisions, but only if those provisions have been agreed on by the insurer and employer concerned and approved by the Authority.","sortOrder":92},{"sectionNumber":"52","sectionType":"section","heading":"Excess recoverable from employer","content":"#### 52 Excess recoverable from employer\n\n52 Excess recoverable from employer\n\n> > (1) A weekly compensation claim made in respect of a worker who receives an injury in the circumstances referred to in section 11 (Recess claims) of the 1987 Act is prescribed for the purposes of section 160(8)(b) of the 1987 Act.\n> \n> > (2) Exempt employer policies (within the meaning of section 155AA of the 1987 Act) are exempt from section 160 of the 1987 Act.","sortOrder":93},{"sectionNumber":"53","sectionType":"section","heading":"Information to be provided for certificate of currency","content":"#### 53 Information to be provided for certificate of currency\n\n53 Information to be provided for certificate of currency\n\n> > (1) An employer who requests an insurer to provide a certificate of currency with respect to a policy of insurance must provide the insurer with a statement in an approved form that contains a reasonable estimate of the wages that will be payable during the current period of insurance to workers employed by the employer.\n> \n> > (2) An insurer may refuse to issue the requested certificate of currency until the employer complies with this clause.","sortOrder":94},{"sectionNumber":"54","sectionType":"section","heading":"Certificate of currency—period of insurance","content":"#### 54 Certificate of currency—period of insurance\n\n54 Certificate of currency—period of insurance\n\n> For the purposes of the definition of certificate of currency in section 163A(1) of the 1987 Act, a period not exceeding 12 months is prescribed.","sortOrder":95},{"sectionNumber":"55","sectionType":"section","heading":"Liability for subcontractor premiums—exemption for farming operations","content":"#### 55 Liability for subcontractor premiums—exemption for farming operations\n\n55 Liability for subcontractor premiums—exemption for farming operations\n\n> > (1) Any work carried out before 1 July 2004 under a contract for the carrying out of work on a farm on which a farmer engages in a farming operation is exempt from the operation of section 175B of the 1987 Act if the farmer is the principal contractor and the work is an aspect of the work of the farming operation (and is not an aspect of the work of any other business undertaking of the farmer).\n> \n> > (2) In this clause—\n> > \n> > farmer means a person who is engaged in a farming operation and includes a person who owns land cultivated under a share-farming agreement.\n> > \n> > farming operation means a farming (including dairy farming, poultry farming, bee farming and aquaculture), pastoral, horticultural or grazing operation.","sortOrder":96},{"sectionNumber":"56","sectionType":"section","heading":"Employers excluded from grouping provisions","content":"#### 56 Employers excluded from grouping provisions\n\n56 Employers excluded from grouping provisions\n\n> > (1) For the purposes of section 175D(2)(c)(ii) of the 1987 Act, the amount of $750,000 is prescribed in relation to a policy of insurance issued at or after 4 pm on 30 June 2014.\n> \n> > (2) The following employers are excluded from the operation of Division 2A (Grouping of employers for insurance purposes) of Part 7 of the 1987 Act—\n> > \n> > > (a) an employer who is insured with a specialised insurer,\n> > \n> > > (b) an employer who is insured where the policy of insurance relates only to private household domestic workers.","sortOrder":97},{"sectionNumber":"Part 11","sectionType":"part","heading":"Modification of provisions applying to self-insurers","content":"# Part 11 Modification of provisions applying to self-insurers\n\nPart 11 Modification of provisions applying to self-insurers","sortOrder":98},{"sectionNumber":"57","sectionType":"section","heading":"Interpretation","content":"#### 57 Interpretation\n\n57 Interpretation\n\n> > (1) When one or more subsidiaries of the holder of a licence as a self-insurer under the 1987 Act is endorsed on the licence, each of those endorsed subsidiaries and the licence holder are group self-insurers for the purposes of this Part.\n> \n> > (2) The holder of a licence as a group self-insurer may for the purposes of this Part, by notice in writing to the Authority from time to time, designate any one or more of the group self-insurers covered by the licence as designated insurer for some or all of the group self-insurers. The licence holder can designate itself as a designated insurer.\n> \n> > (3) Except where otherwise expressly provided, this Part provides for the modification of provisions of Chapter 3 of the 1998 Act in their application to the following self-insurers—\n> > \n> > > (a) a self-insurer who is a Government employer covered for the time being by the Government’s managed fund scheme,\n> > \n> > > (b) a group self-insurer for whom there is a designated insurer.","sortOrder":99},{"sectionNumber":"58","sectionType":"section","heading":"References to “insurer”","content":"#### 58 References to “insurer”\n\n58 References to “insurer”\n\n> > (1) Sections 43, 44, 45, 47 and 52 of the 1998 Act are to be read as if—\n> > \n> > > (a) a reference to insurer were, in the case of a self-insurer who is a Government employer covered for the time being by the Government’s managed fund scheme, a reference to the Self Insurance Corporation, and\n> > \n> > > (b) a reference to insurer were, in the case of a self-insurer for whom there is a designated insurer, a reference to that designated insurer, and\n> > \n> > > (c) the Self Insurance Corporation were the insurer of each employer who is a Government employer covered for the time being by the Government’s managed fund scheme, and\n> > \n> > > (d) the designated insurer for a group self-insurer were the insurer of the group self-insurer.\n> \n> > (2) A reference in sections 50 and 58 of the 1998 Act to insurer is to be read as including a reference—\n> > \n> > > (a) to the Self Insurance Corporation, when the insurer is a Government employer covered for the time being by the Government’s managed fund scheme, and\n> > \n> > > (b) when the insurer is a group self-insurer for whom there is a designated insurer, to that designated insurer.","sortOrder":100},{"sectionNumber":"59","sectionType":"section","heading":"Modification of exceptions for self-insurers","content":"#### 59 Modification of exceptions for self-insurers\n\n59 Modification of exceptions for self-insurers\n\n> The following modifications are to be made to the 1998 Act—\n> \n> > (a) section 43(3)—omit “This subsection does not apply to a self-insurer.”,\n> \n> > (b) section 43(4)—omit “(except when the insurer is a self-insurer)”,\n> \n> > (c) section 43(5)—omit “This subsection does not apply when the employer is a self-insurer.”,\n> \n> > (d) omit section 44(4),\n> \n> > (e) section 45(2)—omit “(except when the insurer is a self-insurer)”,\n> \n> > (f) section 45(5)—omit “This subsection does not apply when the insurer is a self-insurer.”,\n> \n> > (g) omit section 46(3).","sortOrder":101},{"sectionNumber":"60","sectionType":"section","heading":"Preparation of injury management plan","content":"#### 60 Preparation of injury management plan\n\n60 Preparation of injury management plan\n\n> Section 45(1) of the 1998 Act is replaced with the following subsection—\n> \n> > > (1) When it appears that a workplace injury is a significant injury, an injury management plan must be established for the injured worker by—\n> > > \n> > > > (a) if the self-insurer who is or may be liable to pay compensation to the injured worker is a Government employer covered for the time being by the Government’s managed fund scheme—the Self Insurance Corporation, or\n> > > \n> > > > (b) if the insurer who is or may be liable to pay compensation to the injured worker is a group self-insurer for whom there is a designated insurer—that designated insurer.","sortOrder":102},{"sectionNumber":"61","sectionType":"section","heading":"Self-insurer’s licence","content":"#### 61 Self-insurer’s licence\n\n61 Self-insurer’s licence\n\n> > (1) A reference in section 55 of the 1998 Act to insurer’s licence is, in the application of that section to a group self-insurer (whether or not a group self-insurer for whom there is a designated insurer), to be read as a reference to the licence as a self-insurer on which the group self-insurer is endorsed.\n> \n> > (2) It is a condition of a licence as a self-insurer that the holder of the licence must ensure that any subsidiary of the holder endorsed on the licence complies with the subsidiary’s obligations under Chapter 3 of the 1998 Act.","sortOrder":103},{"sectionNumber":"Part 12","sectionType":"part","heading":"Workers Compensation Operational Fund","content":"# Part 12 Workers Compensation Operational Fund\n\nPart 12 Workers Compensation Operational Fund","sortOrder":104},{"sectionNumber":"62","sectionType":"section","heading":"Definitions","content":"#### 62 Definitions\n\n62 Definitions\n\n> In this Part—\n> \n> basic tariff premium and dust diseases contribution have the same meanings respectively as they have in the [Insurance Premiums Order 2015–2016](/view/html/inforce/current/sl-2015-0281) and in the Workers Compensation Market Practice and Premiums Guidelines in force in respect of the relevant financial year.","sortOrder":105},{"sectionNumber":"63","sectionType":"section","heading":"Definition of “premium income” for purposes of insurers’ contributions","content":"#### 63 Definition of “premium income” for purposes of insurers’ contributions\n\n63 Definition of “premium income” for purposes of insurers’ contributions\n\n> For the purposes of the contribution payable by an insurer under section 39 of the 1998 Act for a financial year, premium income (as defined in section 4(1) of the 1998 Act) does not include any part of such a premium that is attributable to the application of a dust diseases contribution in the calculation of the premium.","sortOrder":106},{"sectionNumber":"64","sectionType":"section","heading":"Definition of “deemed premium income” for purposes of self-insurers’ contributions","content":"#### 64 Definition of “deemed premium income” for purposes of self-insurers’ contributions\n\n64 Definition of “deemed premium income” for purposes of self-insurers’ contributions\n\n> For the 2017–2018 financial year and each subsequent financial year, the prescribed circumstances referred to in the definition of deemed premium income in section 37 of the 1998 Act are the circumstances in which the amount payable as premiums referred to in that definition is calculated in the manner fixed by the Deemed Premium Income Calculation Methodology, published by the Authority in July 2017.\n> \n> **cl 64:** Subst 2017 (319), Sch 1 \\[1\\].","sortOrder":107},{"sectionNumber":"Part 13","sectionType":"part","heading":"Deemed employment","content":"# Part 13 Deemed employment\n\nPart 13 Deemed employment","sortOrder":108},{"sectionNumber":"65","sectionType":"section","heading":"Ministers of religion","content":"#### 65 Ministers of religion\n\n65 Ministers of religion\n\n> For the purposes of clause 17 of Schedule 1 to the 1998 Act, it is declared that the class of persons specified in the Table to Schedule 4 are ministers of religion of the religious body or organisation specified, and are employees of the person specified in that Table.\n> \n> Note.\n> \n> See also clause 18 of Schedule 1 to the 1998 Act which provides that if a policy of insurance covers a minister of religion, the minister of religion is taken to be a worker and the person insured under the policy is taken to be the minister’s employer.","sortOrder":109},{"sectionNumber":"Part 14","sectionType":"part","heading":"Insurers’ Guarantee Fund","content":"# Part 14 Insurers’ Guarantee Fund\n\nPart 14 Insurers’ Guarantee Fund","sortOrder":110},{"sectionNumber":"66","sectionType":"section","heading":"Definitions","content":"#### 66 Definitions\n\n66 Definitions\n\n> Expressions used in this Part have the same meanings as in Division 7 of Part 7 of the 1987 Act.","sortOrder":111},{"sectionNumber":"67","sectionType":"section","heading":"Financial years for contributions to Insurers’ Guarantee Fund","content":"#### 67 Financial years for contributions to Insurers’ Guarantee Fund\n\n67 Financial years for contributions to Insurers’ Guarantee Fund\n\n> For the purposes of section 228(1) of the 1987 Act, the financial year commencing 1 July 1989 and any subsequent financial year are prescribed.","sortOrder":112},{"sectionNumber":"68","sectionType":"section","heading":"Time etc for payment of insurer’s contribution","content":"#### 68 Time etc for payment of insurer’s contribution\n\n68 Time etc for payment of insurer’s contribution\n\n> The contribution payable by an insurer under section 228 of the 1987 Act in respect of any financial year is payable—\n> \n> > (a) except as provided by paragraph (b), in quarterly instalments (each being equal to one-fourth of the contribution payable) due on the last day of each quarter of the financial year, or\n> \n> > (b) in such other instalments and within such other time as may be determined by the Authority and specified in a notice to the insurer.","sortOrder":113},{"sectionNumber":"69","sectionType":"section","heading":"Further contributions payable by insurers","content":"#### 69 Further contributions payable by insurers\n\n69 Further contributions payable by insurers\n\n> > (1) If the Authority has determined an amount under section 228(1) of the 1987 Act in respect of a financial year, it may subsequently determine under that provision a further amount to be contributed to the Guarantee Fund in respect of that year, being an amount that it considers is necessary—\n> > \n> > > (a) to satisfy, during that financial year, claims, judgments and awards arising from or relating to policies of insurance issued by insolvent insurers, and\n> > \n> > > (b) to provide for the payment of any other amounts to be paid under Division 7 of Part 7 of the 1987 Act from the Guarantee Fund during that financial year.\n> \n> > (2) Section 228 of the 1987 Act applies to and in respect of the payment of any such further contribution.","sortOrder":114},{"sectionNumber":"70","sectionType":"section","heading":"Determination of contributions and further contributions","content":"#### 70 Determination of contributions and further contributions\n\n70 Determination of contributions and further contributions\n\n> > (1) For the purpose of determining the amount of any contribution (or further contribution) to the Guarantee Fund, the Authority is entitled to rely on an estimate determined by it of the amount required to be contributed by insurers to the Workers Compensation Operational Fund.\n> \n> > (2) If the Authority determines that any change in that estimate is appropriate, it is to re-determine the contributions (or further contributions) of insurers to the Guarantee Fund, and the relevant amounts become payable by, or repayable to, insurers.","sortOrder":115},{"sectionNumber":"Part 15","sectionType":"part","heading":"Penalty notice offences","content":"# Part 15 Penalty notice offences\n\nPart 15 Penalty notice offences","sortOrder":116},{"sectionNumber":"71","sectionType":"section","heading":"Penalty notice offences","content":"#### 71 Penalty notice offences\n\n71 Penalty notice offences\n\n> For the purposes of section 246 of the 1998 Act—\n> \n> > (a) each of the following offences is declared to be a penalty notice offence—\n> > \n> > > (i) an offence created by a provision of the 1987 Act specified in Column 1 of Part 1 of Schedule 5,\n> > \n> > > (ii) an offence created by a provision of the 1998 Act specified in Column 1 of Part 2 of Schedule 5,\n> > \n> > > (iii) an offence created by a provision of this Regulation specified in Column 1 of Part 3 of Schedule 5, and\n> \n> > (b) the prescribed penalty for such an offence is the amount specified opposite it in Column 2 of Schedule 5, and\n> \n> > (c) the following persons are declared to be authorised officers—\n> > \n> > > (i) each inspector appointed under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010),\n> > \n> > > (ii) each member of staff of the Authority authorised by the Authority for the purposes of section 238 of the 1998 Act.","sortOrder":117},{"sectionNumber":"Part 16","sectionType":"part","heading":"Marketing of work injury agent services","content":"# Part 16 Marketing of work injury agent services\n\nPart 16 Marketing of work injury agent services","sortOrder":118},{"sectionNumber":"72","sectionType":"section","heading":"Definitions","content":"#### 72 Definitions\n\n72 Definitions\n\n> In this Part—\n> \n> advertisement means any communication of information (whether by means of writing, or any still or moving visual image or message or audible message, or any combination of them) that advertises or otherwise promotes a product or service, whether or not that is its purpose or only purpose and whether or not that is its only effect.\n> \n> agent means a person who acts, or holds himself or herself out as willing to act, as an agent for a person for a fee or reward in connection with a claim but does not include a lawyer.\n> \n> lawyer means an Australian legal practitioner and includes a law practice within the meaning of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> \n> practitioner directory means a printed publication, directory or database that is published by a person in the ordinary course of the person’s business (and not by the agent concerned or a partner, employee or member of the practice of the agent).\n> \n> publish means—\n> \n> > (a) publish in a newspaper, magazine, journal, periodical, directory or other printed publication, or\n> \n> > (b) disseminate by means of the exhibition or broadcast of a photograph, slide, film, video recording, audio recording or other recording of images or sound, either as a public exhibition or broadcast or as an exhibition or broadcast to persons attending a place for the purpose of receiving professional advice, treatment or assistance, or\n> \n> > (c) broadcast by radio or television, or\n> \n> > (d) display on an Internet website or otherwise publicly disseminate by means of the Internet, or\n> \n> > (e) publicly exhibit in, on, over or under any building, vehicle or place or in the air in view of persons in or on any street or public place, or\n> \n> > (f) display on any document (including a business card or letterhead) gratuitously sent or gratuitously delivered to any person or thrown or left on any premises or on any vehicle, or\n> \n> > (g) display on any document provided to a person as a receipt or record in respect of a transaction or bet.\n> \n> work injury has the same meaning as in the 1998 Act.","sortOrder":120},{"sectionNumber":"73","sectionType":"section","heading":"Restrictions on advertising work injury services","content":"#### 73 Restrictions on advertising work injury services\n\n73 Restrictions on advertising work injury services\n\n> An agent must not publish or cause or permit to be published an advertisement that promotes the availability or use of an agent to provide agent services if the advertisement includes any reference to or depiction of any of the following—\n> \n> > (a) work injury,\n> \n> > (b) any circumstance in which work injury might occur, or any activity, event or circumstance that suggests or could suggest the possibility of work injury, or any connection to or association with work injury or a cause of work injury,\n> \n> > (c) a work injury service (that is, any service provided by an agent that relates to recovery of money, or any entitlement to recover money, in respect of work injury).\n> \n> Maximum penalty—200 penalty units.","sortOrder":122},{"sectionNumber":"74","sectionType":"section","heading":"Exception for advertising specialty","content":"#### 74 Exception for advertising specialty\n\n74 Exception for advertising specialty\n\n> > This Division does not prevent the publication of an advertisement that advertises an agent as being a specialist or offering specialist services, but only if the advertisement is published by means of—\n> > \n> > > (a) an entry in a practitioner directory that states only the name and contact details of the agent and any area of practice or specialty of the agent, or\n> > \n> > > (b) a sign displayed at a place of business of the agent that states only the name and contact details of the agent and any specialty of the agent, or\n> > \n> > > (c) an advertisement on a website operated by the agent the publication of which would be prevented under this Division solely because it refers to work injury or work injury services in a statement of specialty of the agent.","sortOrder":123},{"sectionNumber":"75","sectionType":"section","heading":"Other exceptions","content":"#### 75 Other exceptions\n\n75 Other exceptions\n\n> This Division does not prevent the publication of any advertisement—\n> \n> > (a) to any person who is already a client of the agent (and to no other person), or\n> \n> > (b) to any person on the premises of a place of business of the agent, but only if the advertisement cannot be seen from outside those premises, or\n> \n> > (c) in accordance with any order by a court, or\n> \n> > (d) to the extent that it relates only to legal education and is published to members of the legal profession by a person in the ordinary course of the person’s business or functions as a provider of legal education, or\n> \n> > (e) by an industrial organisation (within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)) if the advertisement (or so much of it as would otherwise contravene clause 73) relates only to the provision of advice or services by that organisation and states only the name and contact details of the industrial organisation along with a description of the services that it provides, or\n> \n> > (f) that is required to be published by or under a written law of the State.","sortOrder":124},{"sectionNumber":"76","sectionType":"section","heading":"Responsibility for employees and others","content":"#### 76 Responsibility for employees and others\n\n76 Responsibility for employees and others\n\n> For the purposes of this Division, evidence that a person who is an employee of an agent, or a person otherwise exercising functions in the agent’s practice, published or caused to be published an advertisement is evidence (in the absence of evidence to the contrary) that the agent caused or permitted the publication of the advertisement.","sortOrder":125},{"sectionNumber":"77","sectionType":"section","heading":"Responsibility for advertisements published by others","content":"#### 77 Responsibility for advertisements published by others\n\n77 Responsibility for advertisements published by others\n\n> > (1) For the purposes of this Division, an advertisement is taken to have been published or caused to be published by an agent if—\n> > \n> > > (a) the advertisement advertises or otherwise promotes the availability or use of the agent (either by name or by reference to a business name under which the agent practises or carries on business) for the provision of agent services in connection with the recovery of money, or an entitlement to recover money, in respect of work injury, or\n> > \n> > > (b) the agent is a party to an agreement, understanding or other arrangement with the person who published the advertisement or caused it to be published that expressly or impliedly provides for the referral of persons to the agent for the provision of agent services in connection with the recovery of money, or an entitlement to recover money, in respect of work injury, or\n> > \n> > > (c) the agent is a party to an agreement, understanding or other arrangement with the person who published the advertisement or caused it to be published that expressly or impliedly provides for the person to advertise on behalf of the agent.\n> \n> > (2) This clause does not apply to an advertisement if the agent proves that the agent took all reasonable steps to prevent the advertisement being published.","sortOrder":126},{"sectionNumber":"78","sectionType":"section","heading":"Application of Division","content":"#### 78 Application of Division\n\n78 Application of Division\n\n> This Division does not apply to conduct of an agent or a lawyer.","sortOrder":128},{"sectionNumber":"79","sectionType":"section","heading":"Definition of “work injury advertisement”","content":"#### 79 Definition of “work injury advertisement”\n\n79 Definition of “work injury advertisement”\n\n> In this Division—\n> \n> work injury advertisement means an advertisement that includes any reference to or depiction of—\n> \n> > (a) work injury, or\n> \n> > (b) any circumstance in which work injury might occur, or any activity, event or circumstance that suggests or could suggest the possibility of work injury, or any connection to or association with work injury or a cause of work injury.","sortOrder":129},{"sectionNumber":"80","sectionType":"section","heading":"Restrictions on work injury advertisements","content":"#### 80 Restrictions on work injury advertisements\n\n80 Restrictions on work injury advertisements\n\n> > (1) A person must not publish or cause or permit to be published a work injury advertisement if the advertisement—\n> > \n> > > (a) advertises or otherwise promotes the availability or use of an agent (whether or not a particular agent) to provide agent services, whether or not that is its purpose or only purpose and whether or not that is its only effect, or\n> > \n> > > (b) includes any reference to or depiction of the recovery of money or a claim for money, or any entitlement to recover money or claim money, in respect of work injury.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (2) A person must not publish or cause or permit to be published a work injury advertisement if the person is engaged in a practice involving, or is a party to an agreement, understanding or other arrangement that provides for, the referral of persons to one or more agents for the provision of agent services in connection with the recovery of money, or an entitlement to recover money, in respect of work injury.\n> > \n> > Maximum penalty—200 penalty units.\n> \n> > (3) A person who is a member of a partnership or a director or officer of a body corporate must not expressly, tacitly or impliedly authorise or permit a contravention of subclause (1) or (2) by the partnership or body corporate or by an employee or agent of the partnership or body corporate on behalf of the partnership or body corporate.\n> > \n> > Maximum penalty—200 penalty units.","sortOrder":130},{"sectionNumber":"81","sectionType":"section","heading":"Exception for advertising specialty","content":"#### 81 Exception for advertising specialty\n\n81 Exception for advertising specialty\n\n> > This Division does not prevent the publication of an advertisement that advertises an agent as being a specialist or offering specialist services, but only if the advertisement is published by means of—\n> > \n> > > (a) an entry in a practitioner directory that states only the name and contact details of the agent and any area of practice or specialty of the agent, or\n> > \n> > > (b) a sign displayed at a place of business of the agent that states only the name and contact details of the agent and any specialty of the agent, or\n> > \n> > > (c) an advertisement on a website operated on behalf of the agent the publication of which would be prevented under this Division solely because it refers to work injury or agent services in a statement of specialty of the agent.","sortOrder":131},{"sectionNumber":"82","sectionType":"section","heading":"Other exceptions","content":"#### 82 Other exceptions\n\n82 Other exceptions\n\n> This Division does not apply to the publication of an advertisement—\n> \n> > (a) in accordance with any order by a court, or\n> \n> > (b) to the extent that it relates only to legal education and is published to members of the legal profession by a person in the ordinary course of the person’s business or functions as a provider of legal education, or\n> \n> > (c) by an industrial organisation (within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017)) if the advertisement (or so much of it as would otherwise contravene clause 80) relates only to the provision of advice or services by that organisation and states only the name and contact details of the industrial organisation along with a description of the services that it provides, or\n> \n> > (d) by a person in the ordinary course of the person’s business as an insurer or insurance agent or broker, to the extent only that it includes a reference to or depiction of the recovery of money under a policy of insurance, or\n> \n> > (e) that is required to be published by or under a written law of the State.","sortOrder":132},{"sectionNumber":"83","sectionType":"section","heading":"Protection of publishers","content":"#### 83 Protection of publishers\n\n83 Protection of publishers\n\n> A contravention of clause 80 by a person who publishes an advertisement in the ordinary course of the person’s business as a publisher does not constitute an offence under this Division.","sortOrder":133},{"sectionNumber":"Part 17","sectionType":"part","heading":"Costs","content":"# Part 17 Costs\n\nPart 17 Costs","sortOrder":134},{"sectionNumber":"84","sectionType":"section","heading":"Definitions","content":"#### 84 Definitions\n\n84 Definitions\n\n> > (1) In this Part, and in Schedules 6 and 7—\n> > \n> > health service provider has the same meaning as in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105).\n> > \n> > insurer includes an employer.\n> > \n> > number of an item in a Table in Part 2 of Schedule 6 includes a letter.\n> \n> > (2) Expressions used in this Part, and in Schedules 6 and 7, have the same meanings as they have in Division 1 of Part 8 of Chapter 7 of the 1998 Act.\n> \n> Note.\n> \n> Section 332(2) of the 1998 Act provides that expressions used in Division 1 of Part 8 of Chapter 7 of that Act have the same meanings as they have in the legal costs legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)), except as provided by that section.","sortOrder":136},{"sectionNumber":"85","sectionType":"section","heading":"Definition of “costs”","content":"#### 85 Definition of “costs”\n\n85 Definition of “costs”\n\n> For the purposes of paragraph (f) of the definition of costs in section 332(1) of the 1998 Act, the costs of providing clinical notes, records and reports by a health service provider are prescribed as costs within that definition.","sortOrder":137},{"sectionNumber":"86","sectionType":"section","heading":"Costs not regulated by this Part","content":"#### 86 Costs not regulated by this Part\n\n86 Costs not regulated by this Part\n\n> Costs referred to in this Part do not include any of the following—\n> \n> > (a) costs for legal services provided for an appeal under section 353 (Appeal against decision of Commission constituted by Presidential member) of the 1998 Act,\n> \n> > (b) fees for investigators’ reports or for other material produced or obtained by investigators (such as witness statements or other evidence),\n> \n> > (c) fees for accident reconstruction reports,\n> \n> > (d) fees for accountants’ reports,\n> \n> > (e) fees for reports from health service providers (except as provided in item 4 of Part 3 of Schedule 6),\n> \n> > (f) fees for other professional reports relating to treatment or rehabilitation (for example, architects’ reports concerning house modifications),\n> \n> > (g) fees for interpreter or translation services,\n> \n> > (h) fees imposed by a court or the Commission,\n> \n> > (i) travel costs and expenses of the claimant in the matter for attendance at medical examinations, a court or the Commission,\n> \n> > (j) witness expenses at a court or the Commission.\n> \n> Note.\n> \n> Costs referred to in this clause are recoverable under, and may be regulated by, other legislation (including regulations under the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a)) or common law principles. Under section 339 of the 1998 Act, the Authority may fix maximum fees for the provision of reports, or appearance before the Commission, by health service providers.","sortOrder":138},{"sectionNumber":"pt.17-div.2-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.17-div.2-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary","sortOrder":140},{"sectionNumber":"87","sectionType":"section","heading":"Application of Division","content":"#### 87 Application of Division\n\n87 Application of Division\n\n> This Division is made under section 337 of the 1998 Act and applies to the following costs payable on a party and party basis, on a law practice or agent and client basis or on any other basis—\n> \n> > (a) costs for legal services or agent services provided in or in relation to a claim for compensation,\n> \n> > (b) costs for matters that are not legal or agent services but are related to a claim for compensation.\n> \n> Note.\n> \n> Section 337(3) and (4) of the 1998 Act provide that a law practice or an agent is not entitled to be paid or recover for a legal service or agent service or other matter an amount that exceeds any maximum costs fixed for the service or matter by regulations under section 337.","sortOrder":141},{"sectionNumber":"pt.17-div.2-sdiv.2","sectionType":"division","heading":"Maximum costs recoverable by law practices and agents in compensation matters","content":"### pt.17-div.2-sdiv.2 Maximum costs recoverable by law practices and agents in compensation matters\n\nSubdivision 2 Maximum costs recoverable by law practices and agents in compensation matters","sortOrder":142},{"sectionNumber":"88","sectionType":"section","heading":"Maximum costs recoverable","content":"#### 88 Maximum costs recoverable\n\n88 Maximum costs recoverable\n\n> > (1) The costs that are recoverable, and the maximum costs that are recoverable, for—\n> > \n> > > (a) legal services or agent services provided in or in relation to a claim for compensation, and\n> > \n> > > (b) matters that are not legal services or agent services but are related to a claim for compensation,\n> > \n> > are the costs set out in Schedule 6, except as otherwise provided by this Part.\n> > \n> > Note.\n> > \n> > The effect of this clause is that a law practice or agent cannot recover any costs in relation to a claim for compensation unless those costs are set out in Schedule 6, except as otherwise provided in this Part.\n> \n> > (2) If there is a change in the law practice or agent retained by a party in or in relation to a claim made or to be made for compensation, the relevant costs are to be apportioned between the law practices or agents concerned.\n> \n> > (3) If there is a dispute as to such an apportionment, either law practice or agent concerned (or the client) may refer the dispute to the President for determination.\n> \n> > (4) A law practice or agent has the same right of appeal against a determination made under subclause (3) as the law practice or agent would have under clause 125 if the determination were a determination made by the President in relation to a bill of costs.\n> \n> Note.\n> \n> Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) requires a law practice to provide a client with information disclosing the basis on which legal costs will be calculated, and an estimate of the total legal costs, as soon as practicable after instructions are given in relation to any matter.\n> \n> **cl 88:** Am 2020 (744), Sch 3\\[8\\].","sortOrder":143},{"sectionNumber":"89","sectionType":"section","heading":"Maximum costs involving medical or related treatment or certain fees for health service providers","content":"#### 89 Maximum costs involving medical or related treatment or certain fees for health service providers\n\n89 Maximum costs involving medical or related treatment or certain fees for health service providers\n\n> In workers compensation matters, the costs that are recoverable, and the maximum costs that are recoverable, in respect of costs of a kind referred to in clause 86 or Part 3 of Schedule 6 are, if section 61 of the 1987 Act or section 339 of the 1998 Act applies in respect of costs of that kind, costs equal to the amount fixed by or by order under the section concerned.","sortOrder":144},{"sectionNumber":"90","sectionType":"section","heading":"Costs not recoverable in certain circumstances (workers compensation matters)","content":"#### 90 Costs not recoverable in certain circumstances (workers compensation matters)\n\n90 Costs not recoverable in certain circumstances (workers compensation matters)\n\n> > (1) This clause applies to workers compensation matters.\n> \n> > (2) No amount is recoverable for costs (including disbursements) other than those referred to in clause 86 or Schedule 6.\n> \n> > (3) No amount is recoverable for costs for any service or matter unless the claim or dispute (or the relevant aspect of the claim or dispute) to which the service or matter relates is resolved or otherwise dealt with in accordance with Schedule 6.\n> \n> > (4) Despite subclause (3), if an appeal is lodged in respect of a claim or dispute, no amount is recoverable for costs for any service or matter (or the relevant aspect of the claim or dispute) unless the appeal is determined, is withdrawn or lapses.","sortOrder":145},{"sectionNumber":"pt.17-div.3-sdiv.1","sectionType":"division","heading":"Maximum costs recoverable by law practices in work injury damages matters","content":"### pt.17-div.3-sdiv.1 Maximum costs recoverable by law practices in work injury damages matters\n\nSubdivision 1 Maximum costs recoverable by law practices in work injury damages matters","sortOrder":147},{"sectionNumber":"91","sectionType":"section","heading":"Application of Division","content":"#### 91 Application of Division\n\n91 Application of Division\n\n> This Division is made under section 337 of the 1998 Act and applies to the following costs payable on a party and party basis, on a law practice and client basis or on any other basis—\n> \n> > (a) costs for legal services or agent services provided in or in relation to a claim for work injury damages,\n> \n> > (b) costs for matters that are not legal or agent services but are related to a claim for work injury damages.\n> \n> Note.\n> \n> Section 337(3) of the 1998 Act provides that a law practice is not entitled to be paid or recover for a legal service or other matter an amount that exceeds any maximum costs fixed for the service or matter by regulations under section 337.","sortOrder":148},{"sectionNumber":"92","sectionType":"section","heading":"Fixing of maximum costs recoverable by law practices","content":"#### 92 Fixing of maximum costs recoverable by law practices\n\n92 Fixing of maximum costs recoverable by law practices\n\n> > (1) The maximum costs for—\n> > \n> > > (a) legal services provided in or in relation to a claim for work injury damages, and\n> > \n> > > (b) matters that are not legal services but are related to a claim for work injury damages,\n> > \n> > are the costs set out in Schedule 7, except as otherwise provided by this Part.\n> > \n> > Note.\n> > \n> > The effect of this clause is that a law practice or agent cannot recover any costs in relation to a claim for work injury damages unless those costs are set out in Schedule 7, except as otherwise provided in this Part.\n> \n> > (2) If there is a change in the law practice retained by a party in or in relation to a claim for work injury damages, the relevant costs are to be apportioned between the law practices concerned.\n> \n> > (3) If there is a dispute as to such an apportionment, either law practice concerned (or the client concerned) may refer the dispute to the President for determination.\n> \n> > (4) A law practice has the same right of appeal against a determination made under subclause (3) as the law practice would have under clause 125 if the determination were a determination made by the President in relation to a bill of costs.\n> \n> Note.\n> \n> Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) requires a law practice to provide a client with information disclosing the basis on which legal costs will be calculated, and an estimate of the total legal costs, as soon as practicable after instructions are given in relation to any matter.\n> \n> **cl 92:** Am 2020 (744), Sch 3\\[8\\] \\[9\\].","sortOrder":149},{"sectionNumber":"93","sectionType":"section","heading":"Contracting out—law practice/client costs","content":"#### 93 Contracting out—law practice/client costs\n\n93 Contracting out—law practice/client costs\n\n> > (1) This clause applies in respect of costs in or in relation to a claim for work injury damages if a law practice—\n> > \n> > > (a) makes a disclosure under Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) (sections 174(4) and 178 excepted) to a party to the matter with respect to the costs, and\n> > \n> > > (b) enters into a costs agreement (other than a conditional costs agreement, under section 181 or 182 of that Law, that provides for the payment of a premium of more than 10% of the costs otherwise payable under the agreement on the successful outcome of the matter concerned) with that party as to those costs in accordance with Division 4 of that Part, and\n> > \n> > > (c) before entering into the costs agreement, advises the party (in a separate written document) that, even if costs are awarded in favour of the party, the party will be liable to pay such amount of the costs provided for in the costs agreement as exceeds the amount that would be payable under the 1998 Act in the absence of a costs agreement.\n> \n> > (2) Schedule 7 does not apply to the costs concerned to the extent that they are payable on a law practice and client basis.","sortOrder":150},{"sectionNumber":"pt.17-div.3-sdiv.2","sectionType":"division","heading":"Restriction on awarding of costs","content":"### pt.17-div.3-sdiv.2 Restriction on awarding of costs\n\nSubdivision 2 Restriction on awarding of costs\n\nNote.\n\nThis Subdivision is made under section 346 of the 1998 Act, which provides that a party is not entitled to an award of costs to which that section applies (being costs payable by a party in or in relation to a claim for work injury damages, including court proceedings for work injury damages) except as prescribed by the regulations or by the rules of the court concerned.\n\nIn the event of any inconsistency between the provisions of this Regulation and rules of court, the provisions of this Regulation prevail to the extent of the inconsistency: section 346(4) of the 1998 Act.","sortOrder":151},{"sectionNumber":"94","sectionType":"section","heading":"Costs where claimant no less successful than claimant’s final offer","content":"#### 94 Costs where claimant no less successful than claimant’s final offer\n\n94 Costs where claimant no less successful than claimant’s final offer\n\n> If a claimant obtains an order or judgment on a claim that is no less favourable to the claimant than the terms of the claimant’s final offer of settlement in mediation under the 1998 Act as certified by the mediator under section 318B of the 1998 Act, the court is to order the insurer to pay the claimant’s costs on the claim assessed on a party and party basis.","sortOrder":152},{"sectionNumber":"95","sectionType":"section","heading":"Costs where claimant less successful than insurer’s final offer or insurer found not liable","content":"#### 95 Costs where claimant less successful than insurer’s final offer or insurer found not liable\n\n95 Costs where claimant less successful than insurer’s final offer or insurer found not liable\n\n> > (1) If a claimant obtains an order or judgment on a claim that is less favourable to the claimant than the terms of the insurer’s final offer of settlement in mediation under the 1998 Act as certified by the mediator under section 318B of the 1998 Act, the court is to order the claimant to pay the insurer’s costs on the claim assessed on a party and party basis.\n> \n> > (2) If a claimant does not obtain an order or judgment on a claim (that is, if the court finds the insurer has no liability for the claim), the court is to order the claimant to pay the insurer’s costs on the claim assessed on a party and party basis.","sortOrder":153},{"sectionNumber":"96","sectionType":"section","heading":"Costs in other cases","content":"#### 96 Costs in other cases\n\n96 Costs in other cases\n\n> Except as provided by this Subdivision, the parties to court proceedings for work injury damages are to bear their own costs.","sortOrder":154},{"sectionNumber":"97","sectionType":"section","heading":"Deemed offer where insurer denies liability and no mediation occurs or mediation fails","content":"#### 97 Deemed offer where insurer denies liability and no mediation occurs or mediation fails\n\n97 Deemed offer where insurer denies liability and no mediation occurs or mediation fails\n\n> > (1) If—\n> > \n> > > (a) the insurer wholly denies liability, and\n> > \n> > > (b) no mediation occurs, and\n> > \n> > > (c) the claimant obtains an order or judgment on the claim,\n> > \n> > costs are to be awarded in accordance with this Subdivision as if—\n> > \n> > > (d) the insurer had made a final offer of settlement at mediation of $0, and\n> > \n> > > (e) the claimant had made a final offer of settlement at mediation of—\n> > > \n> > > > (i) in the case where the President issued a certificate verifying the matters referred to in paragraphs (a) and (b) and the claimant, within one month of the issue of that certificate, made a subsequent offer of settlement to the insurer—the amount of damages specified in that subsequent offer of settlement, or\n> > > \n> > > > (ii) in any other case—the amount of damages specified in the pre-filing statement served under section 315 of the 1998 Act.\n> \n> > (2) If—\n> > \n> > > (a) the insurer wholly denies liability, and\n> > \n> > > (b) the matter is referred to mediation, but the matter is not resolved by settlement at the mediation, and\n> > \n> > > (c) the claimant obtains an order or judgment on the claim,\n> > \n> > costs are to be awarded in accordance with this Subdivision as if—\n> > \n> > > (d) the insurer had made a final offer of settlement at mediation of $0, and\n> > \n> > > (e) the claimant had made a final offer of settlement at mediation of—\n> > > \n> > > > (i) in the case where the claimant, within one month of the conclusion of that mediation, made a subsequent offer of settlement to the insurer—the amount of damages specified in that subsequent offer of settlement, or\n> > > \n> > > > (ii) in any other case—the amount of the claimant’s final offer of settlement in mediation under the 1998 Act as certified by the mediator under section 318B of the 1998 Act.\n> \n> Note.\n> \n> Persons claiming work injury damages who wish to be awarded costs on a party and party basis should apply to the Commission for the mediation of the dispute before the matter goes to court. The availability of costs on a party and party basis is subject to the provisions of clause 94 and this clause.\n> \n> **cl 97:** Am 2020 (744), Sch 3\\[9\\] \\[10\\].","sortOrder":155},{"sectionNumber":"98","sectionType":"section","heading":"Subdivision does not apply to ancillary proceedings","content":"#### 98 Subdivision does not apply to ancillary proceedings\n\n98 Subdivision does not apply to ancillary proceedings\n\n> This Subdivision does not apply to costs payable in or in relation to proceedings that are ancillary to proceedings on a claim for work injury damages, and a court is to award costs in such ancillary proceedings in accordance with the rules of the court.","sortOrder":156},{"sectionNumber":"99","sectionType":"section","heading":"Multiple parties","content":"#### 99 Multiple parties\n\n99 Multiple parties\n\n> Where 2 or more defendants are alleged to be jointly or jointly and severally liable to the claimant and rights of contribution or indemnity appear to exist between the defendants, this Subdivision does not apply to an offer of settlement unless—\n> \n> > (a) in the case of an offer made by the claimant—the offer is made to all the defendants and is an offer to settle the claim against all of them, and\n> \n> > (b) in the case of an offer made to the claimant—\n> > \n> > > (i) the offer is to settle the claim against all the defendants concerned, and\n> > \n> > > (ii) where the offer is made by 2 or more defendants—by the terms of the offer the defendants who made the offer are jointly or jointly and severally liable to the claimant for the whole amount of the offer.","sortOrder":157},{"sectionNumber":"Division 3A","sectionType":"division","heading":null,"content":"## Division 3A\n\nDivision 3A\n\n99A, 99B (Repealed)\n\n**pt 17, div 3A (cll 99A, 99B):** Ins 2016 (780), Sch 1 \\[1\\]. Rep 2018 (729), Sch 1 \\[6\\].","sortOrder":158},{"sectionNumber":"pt.17-div.4-sdiv.1","sectionType":"division","heading":"Preliminary","content":"### pt.17-div.4-sdiv.1 Preliminary\n\nSubdivision 1 Preliminary","sortOrder":160},{"sectionNumber":"100","sectionType":"section","heading":"Definitions","content":"#### 100 Definitions\n\n100 Definitions\n\n> In this Division—\n> \n> agent bill of costs means a bill of costs for providing agent services.\n> \n> bill of costs means a legal bill of costs or an agent bill of costs.\n> \n> client of a law practice or agent means a person to whom the law practice or agent has provided legal services or agent services in respect of any workers compensation matter or work injury damages matter.\n> \n> legal bill of costs means a bill for providing legal services given under Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).","sortOrder":161},{"sectionNumber":"101","sectionType":"section","heading":"Application by client for assessment of law practice/client or agent/client costs","content":"#### 101 Application by client for assessment of law practice/client or agent/client costs\n\n101 Application by client for assessment of law practice/client or agent/client costs\n\n> > (1) A client who is given a bill of costs may apply to the President for an assessment of the whole of, or any part of, so much of those costs as are payable on a law practice and client basis or an agent and client basis.\n> \n> > (2) An application relating to a bill of costs may be made even if the costs have been wholly or partly paid.\n> \n> > (3) If any costs have been paid without a bill of costs, the client may nevertheless apply for an assessment. For that purpose the request for payment by the law practice or agent is taken to be the bill of costs.\n> \n> **cll 101–103:** Am 2020 (744), Sch 3\\[8\\].","sortOrder":162},{"sectionNumber":"102","sectionType":"section","heading":"Application by instructing law practice or agent for assessment of law practice/client or agent/client costs","content":"#### 102 Application by instructing law practice or agent for assessment of law practice/client or agent/client costs\n\n102 Application by instructing law practice or agent for assessment of law practice/client or agent/client costs\n\n> > (1) A law practice or agent that—\n> > \n> > > (a) retains another law practice or agent to act on behalf of the client, and\n> > \n> > > (b) is given a bill of costs in accordance with this Part by the other law practice or agent,\n> > \n> > may apply to the President for an assessment of the whole, or any part of, so much of those costs as are payable on a law practice and client basis or an agent and client basis.\n> \n> > (2) An application may not be made if there is a costs agreement between the client and the other law practice or agent.\n> \n> > (3) An application is to be made within 30 days after the bill of costs is given and may be made even if the costs have been wholly or partly paid.\n> \n> **cll 101–103:** Am 2020 (744), Sch 3\\[8\\].","sortOrder":163},{"sectionNumber":"103","sectionType":"section","heading":"Application by billing law practice or agent for assessment of law practice/client or agent/client costs","content":"#### 103 Application by billing law practice or agent for assessment of law practice/client or agent/client costs\n\n103 Application by billing law practice or agent for assessment of law practice/client or agent/client costs\n\n> > (1) A law practice or agent that has given a bill of costs may apply to the President for an assessment of the whole of, or any part of, so much of those costs as are payable on a law practice and client basis or an agent and client basis.\n> \n> > (2) An application may not be made unless—\n> > \n> > > (a) the bill of costs includes the following particulars—\n> > > \n> > > > (i) a description of the legal services or agent services provided,\n> > > \n> > > > (ii) if relevant, an identification of each general resolution type referred to in Table 2 in Part 2 of Schedule 6 by reference to the item number and Column number in Table 2 of the general resolution type that was attained,\n> > > \n> > > > (iii) if relevant, an identification of each special resolution type referred to in Table 3 in Part 2 of Schedule 6 by reference to the item number and Column number in Table 3 of the special resolution type that was attained,\n> > > \n> > > > (iv) if relevant, an identification of the phase of each general resolution type referred to in Table 1 in Part 2 of Schedule 6 by reference to the item number and Column number in Table 1 of the general resolution type that was attained,\n> > > \n> > > > (v) if relevant, an identification of each additional legal service or other factor referred to in Table 4 in Part 2 of Schedule 6 by reference to the item number and (where relevant) Column number in Table 4 of the legal service or factor,\n> > > \n> > > > (vi) an identification of each disbursement incurred by reference to a paragraph number in clause 86 or an item number in Part 3 of Schedule 6,\n> > > \n> > > > (vii) an identification of each activity, event or stage specified in Schedule 7, by reference to the item number of the activity, event or stage, that was carried out,\n> > > \n> > > > (viii) the amount sought, and\n> > \n> > > (b) at least 30 days have passed since the bill of costs was given or an application has been made under this Division by another person in respect of the bill of costs.\n> \n> **cll 101–103:** Am 2020 (744), Sch 3\\[8\\].","sortOrder":164},{"sectionNumber":"104","sectionType":"section","heading":"Application for assessment of party/party costs—compensation matters","content":"#### 104 Application for assessment of party/party costs—compensation matters\n\n104 Application for assessment of party/party costs—compensation matters\n\n> > (1) A person who is entitled to receive or who has received costs, in or in connection with a workers compensation matter, as a result of—\n> > \n> > > (a) an order for the payment of an unspecified amount of costs made by a court or the Commission, or\n> > \n> > > (b) an agreement, evidenced in writing by the party liable to pay the costs, for the payment of an unspecified amount of costs,\n> > \n> > may apply to the President for an assessment of the whole of, or any part of, those costs.\n> \n> > (2) A person who has paid or is liable to pay costs, in or in connection with a workers compensation matter, as a result of an order or agreement referred to in subclause (1) may apply to the President for an assessment of the whole of, or any part of, those costs after the period of 60 days after the making of the order or agreement.\n> \n> > (3) A court or the Commission may, after making an order in relation to a matter—\n> > \n> > > (a) refer the matter to the President, and\n> > \n> > > (b) request the President to make arrangements for the assessment of costs payable as a result of the order.\n> > \n> > Note—\n> > \n> > Schedule 3, clause 5(2) of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) requires the Commission to be constituted by 1 non-presidential member assigned to the Workers Compensation Division of the Commission when dealing with the assessment of costs under this Regulation.\n> \n> > (4) A referral under subclause (3) is taken to be an application for assessment duly made under this Division.\n> \n> **cl 104:** Am 2020 (744), Sch 3\\[8\\] \\[11\\].","sortOrder":165},{"sectionNumber":"105","sectionType":"section","heading":"Application for assessment of party/party costs—work injury damages matters","content":"#### 105 Application for assessment of party/party costs—work injury damages matters\n\n105 Application for assessment of party/party costs—work injury damages matters\n\n> > (1) A person who has paid or is liable to pay, or who is entitled to receive or who has received, costs, in or in connection with a work injury damages matter, as a result of an order for the payment of an unspecified amount of costs made by a court or the Commission may apply to the President for an assessment of the whole of, or any part of, those costs.\n> \n> > (2) A court or the Commission may, after making an order in relation to a matter—\n> > \n> > > (a) refer the matter to the President, and\n> > \n> > > (b) request the President to make arrangements for the assessment of costs payable as a result of the order.\n> > \n> > Note—\n> > \n> > Schedule 3, clause 5(2) of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) requires the Commission to be constituted by 1 non-presidential member assigned to the Workers Compensation Division of the Commission when dealing with the assessment of costs under this Regulation.\n> \n> > (3) A referral under subclause (2) is taken to be an application for assessment duly made under this Division.\n> \n> **cl 105:** Am 2020 (744), Sch 3\\[8\\] \\[12\\].","sortOrder":166},{"sectionNumber":"106","sectionType":"section","heading":"Making an application for assessment","content":"#### 106 Making an application for assessment\n\n106 Making an application for assessment\n\n> > (1) An application for assessment is to be made in the form approved by the Commission and is, subject to subclause (3), to be accompanied by the fee determined by the Commission from time to time.\n> \n> > (2) The application must authorise the Commission to have access to, and to inspect, all documents of the applicant that are held by the applicant, or by any law practice or agent concerned, in respect of the matter to which the application relates.\n> \n> > (3) The Commission may waive or postpone payment of the fee either wholly or in part if satisfied that the applicant is in such circumstances that payment of the fee would result in serious hardship to the applicant or his or her dependants.\n> \n> > (4) The Commission may refund the fee paid under this clause either wholly or in part if satisfied that it is appropriate because the application is not proceeded with.\n> \n> **cl 106:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":167},{"sectionNumber":"107","sectionType":"section","heading":null,"content":"#### 107\n\n107–109 (Repealed)","sortOrder":168},{"sectionNumber":"110","sectionType":"section","heading":"Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court","content":"#### 110 Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court\n\n110 Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court\n\n> An assessment of costs is to be made in accordance with, and so as to give effect to, orders of the Commission or a court, the Commission rules or rules of court, Part 8 of Chapter 7 of the 1998 Act, this Part, and Schedules 6 and 7.\n> \n> **cl 110:** Am 2020 (744), Sch 3\\[15\\].","sortOrder":170},{"sectionNumber":"pt.17-div.4-sdiv.2","sectionType":"division","heading":"Assessment of bills of costs between law practice or agent and client","content":"### pt.17-div.4-sdiv.2 Assessment of bills of costs between law practice or agent and client\n\nSubdivision 2 Assessment of bills of costs between law practice or agent and client","sortOrder":171},{"sectionNumber":"111","sectionType":"section","heading":"Assessment of bills generally","content":"#### 111 Assessment of bills generally\n\n111 Assessment of bills generally\n\n> > (1) When considering an application relating to a bill of costs, the Commission must consider—\n> > \n> > > (a) whether or not it was reasonable to carry out the work to which the costs relate, and\n> > \n> > > (b) whether or not the work was carried out in a reasonable manner, and\n> > \n> > > (c) the fairness and reasonableness of the amount of the costs in relation to that work.\n> \n> > (2) The Commission is to determine the application by confirming the bill of costs or, if the Commission is satisfied that the disputed costs are unfair or unreasonable, by substituting for the amount of the costs an amount that, in the Commission’s opinion, is a fair and reasonable amount.\n> \n> > (3) Any amount substituted for the amount of the costs may include an allowance for any fee paid or payable for the application by the applicant.\n> \n> > (4) If a law practice is liable under section 204(2) of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) to pay the costs of the costs assessment (including the costs of the Commission), the Commission is to determine the amount of those costs. The costs incurred by the client are to be deducted from the amount payable under the bill of costs and the costs of the Commission are to be paid to the Commission.\n> \n> > (5) The Commission may not determine that any part of a bill of costs that is not the subject of an application is unfair or unreasonable.\n> \n> Note.\n> \n> Clause 110 requires an assessment of costs to give effect to the maximum costs set out in Schedules 6 and 7, as well as to other matters.\n> \n> Section 337(3) and (4) of the 1998 Act provide that a law practice or an agent is not entitled to be paid or recover for a legal service or agent service or other matter an amount that exceeds any maximum costs fixed for the service or matter by regulations under section 337.\n> \n> **cl 111:** Am 2020 (744), Sch 3\\[13\\] \\[16\\].","sortOrder":172},{"sectionNumber":"112","sectionType":"section","heading":"Additional matters to be considered in assessing bills of costs","content":"#### 112 Additional matters to be considered in assessing bills of costs\n\n112 Additional matters to be considered in assessing bills of costs\n\n> > (1) In assessing what is a fair and reasonable amount of costs, the Commission may have regard to any or all of the following matters—\n> > \n> > > (a) whether the law practice or agent complied with any relevant regulation, Legal Practice Rules or Legal Profession Conduct Rules,\n> > \n> > > (b) in the case of a law practice—whether the law practice disclosed the basis of the costs or an estimate of the costs under Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) and any disclosures made,\n> > \n> > > (c) any relevant costs agreement (subject to clause 113),\n> > \n> > > (d) the skill, labour and responsibility displayed on the part of the law practice or agent responsible for the matter,\n> > \n> > > (e) the instructions and whether the work done was within the scope of the instructions,\n> > \n> > > (f) the complexity, novelty or difficulty of the matter,\n> > \n> > > (g) the quality of the work done,\n> > \n> > > (h) the place where and circumstances in which the legal services were provided,\n> > \n> > > (i) the time within which the work was required to be done.\n> \n> > (2) In this clause, Legal Practice Rules and Legal Profession Conduct Rules have the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> \n> **cll 112–115:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":173},{"sectionNumber":"113","sectionType":"section","heading":"Costs agreements not subject to assessment","content":"#### 113 Costs agreements not subject to assessment\n\n113 Costs agreements not subject to assessment\n\n> > (1) The Commission is to decline to assess a bill of costs if—\n> > \n> > > (a) the disputed costs are subject to a costs agreement that complies with Division 4 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a), and\n> > \n> > > (b) the costs agreement specifies the amount of the costs or the dispute relates only to the rate specified in the agreement for calculating the costs.\n> \n> > (2) If the dispute relates to any other matter, costs are to be assessed on the basis of that specified rate despite clause 111. The Commission is bound by a provision for the payment of a premium that is not determined to be unjust under clause 114.\n> \n> > (3) This clause does not apply to any provision of a costs agreement that the Commission determines to be unjust under clause 114.\n> \n> > (4) This clause does not apply to a costs agreement applicable to the costs of legal services if a law practice failed to make a disclosure in accordance with Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) of the matters required to be disclosed by section 174 of that Law in relation to those costs.\n> \n> **cll 112–115:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":174},{"sectionNumber":"114","sectionType":"section","heading":"Unjust costs agreements","content":"#### 114 Unjust costs agreements\n\n114 Unjust costs agreements\n\n> > (1) The Commission may determine whether a term of a particular costs agreement entered into by a law practice and a client is unjust in the circumstances relating to it at the time it was made.\n> \n> > (2) For that purpose, the Commission is to have regard to the public interest and to all the circumstances of the case and may have regard to the matters specified in section 172 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> \n> > (3) For the purposes of this clause, a person is taken to have represented another person if the person represented the other person, or assisted the other person to a significant degree, in the negotiations process up to, or at, the time the agreement was made.\n> \n> > (4) In determining whether a provision of the agreement is unjust, the Commission is not to have regard to any injustice arising from circumstances that were not reasonably foreseeable when the agreement was made.\n> \n> **cll 112–115:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":175},{"sectionNumber":"115","sectionType":"section","heading":"Interest on amount outstanding","content":"#### 115 Interest on amount outstanding\n\n115 Interest on amount outstanding\n\n> > (1) The Commission may, in an assessment, determine that interest is not payable on the amount of costs assessed or on any part of that amount and determine the rate of interest (not exceeding the rate referred to in section 195(4) of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a)).\n> \n> > (2) This clause applies despite any costs agreement or section 195 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).\n> \n> > (3) This clause does not authorise the giving of interest on interest.\n> \n> > (4) This clause does not apply to or in respect of the assessment of costs referred to in Subdivision 3 (Assessment of party/party costs).\n> \n> **cll 112–115:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":176},{"sectionNumber":"pt.17-div.4-sdiv.3","sectionType":"division","heading":"Assessment of party/party costs","content":"### pt.17-div.4-sdiv.3 Assessment of party/party costs\n\nSubdivision 3 Assessment of party/party costs","sortOrder":177},{"sectionNumber":"116","sectionType":"section","heading":"Assessment of costs—costs ordered by court or Commission or subject of agreement","content":"#### 116 Assessment of costs—costs ordered by court or Commission or subject of agreement\n\n116 Assessment of costs—costs ordered by court or Commission or subject of agreement\n\n> > (1) When dealing with an application relating to costs payable as a result of an order made by a court or the Commission or as a result of an agreement referred to in clause 104(1)(b), the Commission must consider—\n> > \n> > > (a) whether or not it was reasonable to carry out the work to which the costs relate, and\n> > \n> > > (b) what is a fair and reasonable amount of costs for the work concerned.\n> \n> > (2) The Commission is to determine the costs payable as a result of the order or agreement by assessing the amount of the costs that, in the Commission’s opinion, is a fair and reasonable amount.\n> \n> > (3) If a court or the Commission has ordered that costs are to be assessed on an indemnity basis, the Commission must assess the costs on that basis, having regard to any relevant rules of the court or Commission.\n> \n> > (4) The costs assessed are to include the costs of the assessment (including the costs of the parties to the assessment, and the Commission). The Commission may determine by whom and to what extent the costs of the assessment are to be paid.\n> \n> > (5) The costs of the Commission are to be paid to the Commission.\n> \n> Note.\n> \n> Subdivision 2 of Division 3 of this Part limits the circumstances in which costs may be awarded on a party/party basis in relation to a claim for work injury damages.\n> \n> Clause 110 requires an assessment of costs to give effect to the maximum costs set out in Schedules 6 and 7, as well as to other matters.\n> \n> **cl 116:** Am 2020 (744), Sch 3\\[13\\] \\[16\\].","sortOrder":178},{"sectionNumber":"117","sectionType":"section","heading":"Additional matters to be considered by Commission in assessing costs ordered by court or Commission","content":"#### 117 Additional matters to be considered by Commission in assessing costs ordered by court or Commission\n\n117 Additional matters to be considered by Commission in assessing costs ordered by court or Commission\n\n> In assessing what is a fair and reasonable amount of costs, the Commission may have regard to any or all of the following matters—\n> \n> > (a) the skill, labour and responsibility displayed on the part of the law practice or agent responsible for the matter,\n> \n> > (b) the complexity, novelty or difficulty of the matter,\n> \n> > (c) the quality of the work done and whether the level of expertise was appropriate to the nature of the work done,\n> \n> > (d) the place where and circumstances in which the legal services were provided,\n> \n> > (e) the time within which the work was required to be done,\n> \n> > (f) the outcome of the matter.\n> \n> **cl 117:** Am 2020 (744), Sch 3\\[13\\] \\[17\\].","sortOrder":179},{"sectionNumber":"118","sectionType":"section","heading":"Effect of costs agreements in assessments of party/party costs","content":"#### 118 Effect of costs agreements in assessments of party/party costs\n\n118 Effect of costs agreements in assessments of party/party costs\n\n> > (1) The Commission may obtain a copy of, and may have regard to, a costs agreement.\n> \n> > (2) However, the Commission must not apply the terms of a costs agreement for the purposes of determining appropriate fair and reasonable costs when assessing costs payable as a result of an order by a court or the Commission.\n> \n> **cl 118:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":180},{"sectionNumber":"119","sectionType":"section","heading":"Court or Commission may specify amount etc","content":"#### 119 Court or Commission may specify amount etc\n\n119 Court or Commission may specify amount etc\n\n> This Division does not limit any power of a court or the Commission to determine in any particular case the amount of costs payable or that the amount of the costs is to be determined on an indemnity basis.","sortOrder":181},{"sectionNumber":"pt.17-div.4-sdiv.4","sectionType":"division","heading":"Enforcement of assessment","content":"### pt.17-div.4-sdiv.4 Enforcement of assessment\n\nSubdivision 4 Enforcement of assessment","sortOrder":182},{"sectionNumber":"120","sectionType":"section","heading":"Certificate as to determination","content":"#### 120 Certificate as to determination\n\n120 Certificate as to determination\n\n> > (1) On making a determination, the Commission is to issue to each party a certificate that sets out the determination.\n> \n> > (2) The Commission may issue more than one certificate in relation to an application for costs assessment. Such certificates may be issued at the same time or at different stages of the assessment process.\n> \n> > (3) In the case of an amount of costs that has been paid, the amount (if any) by which the amount paid exceeds the amount specified in any such certificate may be recovered as a debt in a court of competent jurisdiction.\n> \n> > (4) In the case of an amount of costs that has not been paid, the certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court for the amount of unpaid costs, and the rate of any interest payable in respect of that amount of costs is the rate of interest in the court in which the certificate is filed.\n> \n> > (5) For this purpose, the amount of unpaid costs does not include the costs incurred by the Commission in the course of a costs assessment.\n> \n> > (6) To avoid any doubt, this clause applies to or in respect of both the assessment of costs referred to in Subdivision 2 of this Division (law practice/client costs) and the assessment of costs referred to in Subdivision 3 of this Division (party/party costs).\n> \n> > (7) If the costs of the Commission are payable by a party to the assessment (as referred to in clause 122), the Commission may refuse to issue a certificate relating to the Commission’s determination under this clause until the costs of the Commission have been paid.\n> \n> > (8) Subclause (7) does not apply in respect of a certificate issued before the completion of the assessment process under subclause (2).\n> \n> **cl 120:** Am 2020 (744), Sch 3\\[13\\] \\[16\\].","sortOrder":183},{"sectionNumber":"121","sectionType":"section","heading":"Reasons for determination","content":"#### 121 Reasons for determination\n\n121 Reasons for determination\n\n> The Commission must ensure that a certificate issued under clause 120 that sets out the Commission’s determination is accompanied by—\n> \n> > (a) a statement of the reasons for the Commission’s determination, and\n> \n> > (b) the amount of costs the Commission determines is fair and reasonable, and\n> \n> > (c) if the Commission declines to assess a bill of costs under clause 113—the basis for doing so, and\n> \n> > (d) if the Commission determines that a term of a costs agreement is unjust—the basis for doing so, and\n> \n> > (e) a statement of any determination under clause 115 that interest is not payable on the amount of costs assessed or, if payable, of the rate of interest payable.\n> \n> **cl 121:** Am 2020 (744), Sch 3\\[13\\] \\[16\\] \\[18\\].","sortOrder":184},{"sectionNumber":"122","sectionType":"section","heading":"Recovery of costs of costs assessment","content":"#### 122 Recovery of costs of costs assessment\n\n122 Recovery of costs of costs assessment\n\n> > (1) This clause applies when the costs of the Commission are payable by a party to the assessment (under section 204(2) of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) or clause 111 or 116(5)).\n> \n> > (2) On making a determination, the Commission may issue to each party a certificate that sets out the costs incurred by the Commission in the course of the costs assessment.\n> \n> > (3) The certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court for the amount of unpaid costs.\n> \n> > (4) A Registrar of the Commission may take action to recover the costs of the Commission.\n> \n> **cl 122:** Am 2020 (744), Sch 3\\[13\\] \\[19\\].","sortOrder":185},{"sectionNumber":"123","sectionType":"section","heading":null,"content":"#### 123\n\n123 (Repealed)","sortOrder":186},{"sectionNumber":"124","sectionType":"section","heading":"Determination to be final","content":"#### 124 Determination to be final\n\n124 Determination to be final\n\n> The Commission’s determination of an application is binding on all parties to the application and no appeal or other review lies in respect of the determination, except as provided by this Division.\n> \n> **cl 124:** Am 2020 (744), Sch 3\\[18\\].","sortOrder":188},{"sectionNumber":"pt.17-div.4-sdiv.5","sectionType":"division","heading":"Appeals","content":"### pt.17-div.4-sdiv.5 Appeals\n\nSubdivision 5 Appeals\n\n**pt 17, div 4, sdiv 5 (cll 125, 126):** Subst 2020 (744), Sch 3\\[20\\].","sortOrder":189},{"sectionNumber":"125","sectionType":"section","heading":"Appeal against decision of Commission as to matter of law","content":"#### 125 Appeal against decision of Commission as to matter of law\n\n125 Appeal against decision of Commission as to matter of law\n\n> > (1) This clause applies to a party to an application for an assessment of costs who is dissatisfied with a decision of the Commission (the first instance Commission) as to a matter of law arising in the proceedings to determine the application.\n> \n> > (2) A party to whom this clause applies may, in accordance with the Commission rules, appeal to the Commission against the decision (the appellate Commission).\n> \n> > (3) The appeal is to be—\n> > \n> > > (a) in the form approved by the President, and\n> > \n> > > (b) accompanied by the fee approved by the President from time to time.\n> \n> > (4) After deciding the question that is the subject of the appeal, the appellate Commission may, unless it affirms the first instance Commission’s decision—\n> > \n> > > (a) make a determination in relation to the application that, in its opinion, should have been made by the first instance Commission, or\n> > \n> > > (b) remit its decision on the question to the first instance Commission and order the first instance Commission to re-determine the application.\n> \n> > (5) On a re-determination of an application, fresh evidence, or evidence in addition to or in substitution for the evidence received at the original proceedings, may be given.\n> \n> > (6) In proceedings to determine an application for the assessment of costs under Schedule 6, subclause (2) only applies to a decision of the first instance Commission that is made in, or in connection with, the referral of a dispute to the President under clause 88(3).\n> \n> Note—\n> \n> Schedule 3, clause 5 of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) requires the Commission to be constituted by—\n> \n> > (a) when dealing with the assessment of costs under this Regulation—1 non-presidential member of the Workers Compensation Division of the Commission, and\n> \n> > (b) when dealing with an appeal against an assessment—1 presidential member of the Workers Compensation Division.\n> \n> **pt 17, div 4, sdiv 5 (cll 125, 126):** Subst 2020 (744), Sch 3\\[20\\].","sortOrder":190},{"sectionNumber":"126","sectionType":"section","heading":"Effect of appeal on application","content":"#### 126 Effect of appeal on application\n\n126 Effect of appeal on application\n\n> If a party to an application has appealed against a determination or decision of the first instance Commission under clause 125, the first instance Commission, the appellate Commission or the court may suspend the operation of the determination or decision until whichever occurs first—\n> \n> > (a) the appeal is determined, or\n> \n> > (b) for a suspension imposed by the first instance Commission—the suspension is ended by the first instance Commission, the appellate Commission or the court, or\n> \n> > (c) for a suspension imposed by the appellate Commission—the suspension is ended by the appellate Commission or the court, or\n> \n> > (d) for a suspension imposed by the court—the suspension is ended by the court.\n> \n> **pt 17, div 4, sdiv 5 (cll 125, 126):** Subst 2020 (744), Sch 3\\[20\\].","sortOrder":191},{"sectionNumber":"pt.17-div.4-sdiv.6","sectionType":"division","heading":"Miscellaneous","content":"### pt.17-div.4-sdiv.6 Miscellaneous\n\nSubdivision 6 Miscellaneous","sortOrder":192},{"sectionNumber":"127","sectionType":"section","heading":"Liability of law practice or agent for costs in certain cases","content":"#### 127 Liability of law practice or agent for costs in certain cases\n\n127 Liability of law practice or agent for costs in certain cases\n\n> > (1) The Commission may act as set out in subclause (2) if it appears to the Commission that costs have been incurred improperly or without reasonable cause, or have been wasted by undue delay or by any other misconduct or default.\n> \n> > (2) The Commission may in the determination—\n> > \n> > > (a) disallow the costs as between the law practice or agent and the law practice’s or agent’s client, and\n> > \n> > > (b) direct the law practice or agent to repay to the client costs that the client has been ordered by a court or the Commission to pay to any other party, and\n> > \n> > > (c) direct the law practice or agent to indemnify any party other than the client against costs payable by the party indemnified.\n> \n> > (3) Before taking action under this clause, the Commission must give notice of the proposed action to the law practice or agent and the client and give them a reasonable opportunity to make written submissions in relation to the proposed action.\n> \n> > (4) The Commission must give due consideration to any submissions so made.\n> \n> **cl 127:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":193},{"sectionNumber":"128","sectionType":"section","heading":"Referral of misconduct to designated local regulatory authority","content":"#### 128 Referral of misconduct to designated local regulatory authority\n\n128 Referral of misconduct to designated local regulatory authority\n\n> > (1) If the Commission considers that any conduct of a law practice, lawyer or agent involves the deliberate charging of grossly excessive amounts of costs or deliberate misrepresentations as to costs, the Commission must refer the matter to the designated local regulatory authority (within the meaning of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a)).\n> \n> > (2) For the purposes of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a), the deliberate charging of grossly excessive amounts of costs and deliberate misrepresentations as to costs are each declared to be professional misconduct.\n> \n> > (3) The Commission may refer any failure by a law practice or lawyer to comply with a provision of this Division to the designated local regulatory authority (within the meaning of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a)).\n> \n> **cl 128:** Am 2020 (744), Sch 3\\[13\\] \\[21\\].","sortOrder":194},{"sectionNumber":"129","sectionType":"section","heading":"GST may be added to costs","content":"#### 129 GST may be added to costs\n\n129 GST may be added to costs\n\n> > (1) Despite the other provisions of this Part, a cost fixed by Division 2 (Costs recoverable in compensation matters) or Division 3 (Costs recoverable in work injury damages matters) may be increased by the amount of any GST payable in respect of the service to which the cost relates, and the cost as so increased is taken to be the cost fixed by this Part.\n> \n> > (2) In this clause—\n> > \n> > GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **cl 129:** Am 2016 (780), Sch 1 \\[2\\]; 2018 (729), Sch 1 \\[7\\].","sortOrder":196},{"sectionNumber":"Division 6","sectionType":"division","heading":"Miscellaneous","content":"## Division 6 Miscellaneous\n\nDivision 6 Miscellaneous","sortOrder":197},{"sectionNumber":"130","sectionType":"section","heading":"Modifications to Legal Profession Uniform Law (NSW) relating to assessment of costs","content":"#### 130 Modifications to Legal Profession Uniform Law (NSW) relating to assessment of costs\n\n130 Modifications to [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) relating to assessment of costs\n\n> A reference in Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) to costs being assessed, however described, is to be read as including, as an alternative to a costs assessment under that Part, assessment of costs under Division 4 of Part 8 of Chapter 7 of the 1998 Act.","sortOrder":198},{"sectionNumber":"131","sectionType":"section","heading":"Special provision for matters involving coal miners","content":"#### 131 Special provision for matters involving coal miners\n\n131 Special provision for matters involving coal miners\n\n> This Part does not apply to legal services or agent services provided in any workers compensation matter involving a claim for compensation or work injury damages by a coal miner, and regulations made under section 59(1)(a) of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016) continue to apply to legal services provided in such a matter.","sortOrder":199},{"sectionNumber":"132","sectionType":"section","heading":"Bill of costs to be in approved form","content":"#### 132 Bill of costs to be in approved form\n\n132 Bill of costs to be in approved form\n\n> In workers compensation matters, a bill of costs (as defined by clause 100)—\n> \n> > (a) must, if there is an approved form for the purposes of this clause, be given in or to the effect of the approved form, and\n> \n> > (b) must include relevant particulars of the kind referred to in clause 103(2)(a) even if the bill is not one to which clause 103 applies.","sortOrder":200},{"sectionNumber":"133","sectionType":"section","heading":"Costs orders in respect of certain matters","content":"#### 133 Costs orders in respect of certain matters\n\n133 Costs orders in respect of certain matters\n\n> The Commission may, subject to Schedule 6, make a costs order in connection with any of the following—\n> \n> > (a) an application for or the giving of an interim payment direction under Division 2 (Disputes concerning weekly payments or medical expenses) of Part 5 of Chapter 7 of the 1998 Act,\n> \n> > (b) the determination of a dispute under Division 2A (Disputes concerning past weekly payments) of that Part,\n> \n> > (c) the making of a recommendation under Division 3 (Disputes about non-compliance with Chapter 3) of that Part.\n> \n> **cl 133:** Am 2020 (744), Sch 3\\[13\\].","sortOrder":201},{"sectionNumber":"Part 18","sectionType":"part","heading":"Insurance premiums","content":"# Part 18 Insurance premiums\n\nPart 18 Insurance premiums","sortOrder":202},{"sectionNumber":"134","sectionType":"section","heading":"Application of Part","content":"#### 134 Application of Part\n\n134 Application of Part\n\n> This Part is subject to the Workers Compensation Market Practice and Premiums Guidelines.","sortOrder":204},{"sectionNumber":"135","sectionType":"section","heading":"Definitions","content":"#### 135 Definitions\n\n135 Definitions\n\n> In this Part—\n> \n> claim means a claim made by a worker against an employer to which a policy relates.\n> \n> cost of claims means—\n> \n> > (a) in relation to the calculation of a premium for the issue or renewal of an employer’s policy (other than a retro-paid loss premium policy)—\n> > \n> > > (i) except as provided by subparagraph (ii), the cost of claims (within the meaning of Division 4) for an injury year for the employer, being that cost as at the commencement of the period of insurance to which the premium relates, or\n> > \n> > > (ii) after that period of insurance has expired, the cost of claims (within the meaning of that Division) for an injury year for the employer, being that cost as at the expiration of that period, and\n> \n> > (b) in relation to the calculation of a premium for the issue or renewal of an employer’s policy (being a retro-paid loss premium policy), the cost of claims for the employer for the period of insurance concerned.\n> \n> decreasing adjustment has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> employer includes a person who proposes to become an employer.\n> \n> GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> input tax credit entitlement, in relation to an employer, means the amount of input tax credit that may be claimed by the employer in accordance with the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth in respect of the issue or renewal of a policy of insurance expressed as a percentage of the GST payable by the employer in respect of the issue or renewal of that policy.\n> \n> insurer means a licensed insurer, or a former licensed insurer, within the meaning of the 1987 Act.\n> \n> period of insurance, in relation to a policy, means a period for which an insurer assumes risk under the policy, being a period which commences on the first day on which the policy is in force after having been issued or renewed.\n> \n> policy or policy of insurance means a policy of insurance within the meaning of the 1998 Act.\n> \n> retro-paid loss premium policy means a policy to which the optional alternative method of premium calculation (within the meaning of section 168A of the 1987 Act before the repeal of that section) applies.\n> \n> wages means wages as defined in section 174(9) of the 1987 Act.","sortOrder":205},{"sectionNumber":"136","sectionType":"section","heading":"Meaning of “injury year”","content":"#### 136 Meaning of “injury year”\n\n136 Meaning of “injury year”\n\n> In this Part, a reference to an injury year, when made in relation to the calculation of a premium for the issue or renewal of a policy, is a reference to any of the successive periods of 12 consecutive months occurring before the commencement of the period of insurance for which the premium is or is to be calculated.","sortOrder":206},{"sectionNumber":"137","sectionType":"section","heading":"Non wages-based calculation of premium","content":"#### 137 Non wages-based calculation of premium\n\n137 Non wages-based calculation of premium\n\n> If the manner of calculation of the premium payable for a policy of insurance is not based on the wages payable to workers—\n> \n> > (a) a reference in this Part to wages is to be read as a reference to that other basis of calculation of the premium, and\n> \n> > (b) the form of any notice or declaration under this Part is to be appropriately modified having regard to the manner of calculation of the premium.","sortOrder":207},{"sectionNumber":"138","sectionType":"section","heading":"Employer to supply insurer with return relating to wages—standard policies","content":"#### 138 Employer to supply insurer with return relating to wages—standard policies\n\n138 Employer to supply insurer with return relating to wages—standard policies\n\n> > (1) An employer must, as soon as practicable (but not later than 2 months) after—\n> > \n> > > (a) making an application to an insurer for the issue of a policy, or\n> > \n> > > (b) the renewal of a policy,\n> > \n> > supply the insurer concerned with a notice in the approved form, duly completed, which contains a reasonable estimate of the wages that will be payable by the employer during the relevant period of insurance to workers employed by the employer.\n> \n> > (2) Subclause (1)(b) does not apply to a small employer.\n> \n> > (3) An employer must, not later than 4 months after the end of the relevant period of insurance relating to a policy, supply the insurer who issued or renewed the policy with a notice in the approved form, duly completed, which contains a full and correct declaration by the employer of the wages that were actually paid by the employer during that period of insurance to workers employed by the employer.\n> \n> > (4) In this clause, small employer, in relation to a policy of insurance, has the same meaning as in the Workers Compensation Market Practice and Premiums Guidelines that apply to that policy.\n> \n> > (5) This clause does not apply in relation to a retro-paid loss premium policy.","sortOrder":209},{"sectionNumber":"139","sectionType":"section","heading":"Employer to supply insurer with return relating to wages—retro-paid loss premium policies","content":"#### 139 Employer to supply insurer with return relating to wages—retro-paid loss premium policies\n\n139 Employer to supply insurer with return relating to wages—retro-paid loss premium policies\n\n> > (1) This clause applies in relation to a retro-paid loss premium policy.\n> \n> > (2) An employer must, at least 2 months before the commencement of a period of insurance, supply the insurer concerned with a notice in the approved form, duly completed, which contains a reasonable estimate of the wages that will be payable by the employer during the period of insurance to workers employed by the employer.\n> \n> > (3) An employer must, at the request of an insurer who issued a policy at any time during the period of insurance of the policy, supply the insurer with a notice in the approved form, duly completed, which contains a full and correct declaration by the employer of the wages that have actually been paid by the employer during that period of insurance to workers employed by the employer up to the date specified in the insurer’s request.\n> \n> > (4) An employer must, not later than 2 months after the end of the period of insurance of a policy, supply the insurer who issued the policy with a notice in the approved form, duly completed, which contains a full and correct declaration by the employer of the wages that were actually paid by the employer during that period of insurance to workers employed by the employer.","sortOrder":210},{"sectionNumber":"140","sectionType":"section","heading":"Experience premium return","content":"#### 140 Experience premium return\n\n140 Experience premium return\n\n> For the purpose of ascertaining the premium payable by an employer in respect of a period of insurance, an insurer to whom the employer has applied for the issue or renewal of a policy may, by notice in writing served on the employer not later than 1 month after the commencement or end of the period of insurance, require the employer to furnish the insurer, within 28 days of service of the notice—\n> \n> > (a) with a declaration in the approved form, and\n> \n> > (b) a statement setting forth (with respect to the last 2 injury years that occurred before the commencement of the period of insurance) the particulars relating to wages required by the attachment to that form to be inserted in it.","sortOrder":211},{"sectionNumber":"141","sectionType":"section","heading":"Offence by employer","content":"#### 141 Offence by employer\n\n141 Offence by employer\n\n> An employer who, without reasonable excuse, refuses or fails to comply with clause 138 or 139 or with a requirement made in accordance with clause 140 is guilty of an offence.\n> \n> Maximum penalty—20 penalty units.","sortOrder":212},{"sectionNumber":"142","sectionType":"section","heading":"Employer to give insurer notice of input tax credit entitlement","content":"#### 142 Employer to give insurer notice of input tax credit entitlement\n\n142 Employer to give insurer notice of input tax credit entitlement\n\n> An employer must, prior to the commencement of the period of insurance for which the premium is to be calculated, notify the insurer concerned in writing of the employer’s input tax credit entitlement.","sortOrder":214},{"sectionNumber":"143","sectionType":"section","heading":"Definitions","content":"#### 143 Definitions\n\n143 Definitions\n\n> > (1) In this Division, cost of claims means—\n> > \n> > > (a) in relation to an injury year related to, or a period of insurance for, a policy issued or renewed so as to take effect before 4 pm on 30 June 2015 (other than a retro-paid loss premium policy)—the total of the following costs—\n> > > \n> > > > (i) the total of the costs of each individual claim of which the insurer has notice at the time of expiry or renewal (as appropriate) of the policy concerned, being a claim made against a particular employer with respect to an injury received (or that is deemed by the 1987 Act or the former Act to have been received) during the injury year or the period of insurance, whichever is relevant, but not including any claim under section 10 (Journey claims) or section 11 (Recess claims) of the 1987 Act,\n> > > \n> > > > (ii) the total of the costs of payment of provisional weekly payments of compensation and provisional payment of medical expenses compensation, if any, under Part 3 of Chapter 7 of the 1998 Act by the insurer, being payments of compensation on the basis of provisional acceptance of liability to a worker employed by a particular employer with respect to an injury received (or that is deemed by the 1987 Act to have been received) during the injury year or the period of insurance, and\n> > \n> > > (b) in relation to an injury year related to, or a period of insurance for, a policy issued or renewed so as to take effect on or after 4 pm on 30 June 2015 but before 4 pm on 30 June 2016 (other than a retro-paid loss premium policy)—the amount calculated in accordance with the relevant insurance premiums order that applies to the policy concerned, and\n> > \n> > > (c) in relation to an injury year related to, or a period of insurance for, a policy issued or renewed so as to take effect on or after 4 pm on 30 June 2016—the amount calculated in accordance with the Workers Compensation Market Practice and Premiums Guidelines, and\n> > \n> > > (d) in relation to an injury year related to, or a period of insurance for, a retro-paid loss premium policy—the total of the following costs—\n> > > \n> > > > (i) the total of the costs of each individual claim of which the insurer has notice at the time of each adjustment date concerned, being a claim made against a particular employer with respect to an injury received (or that is deemed by the 1987 Act or the former Act to have been received) during the period of insurance, but not including any claim under section 10 (Journey claims) or section 11 (Recess claims) of the 1987 Act,\n> > > \n> > > > (ii) the total of the costs of payment of provisional weekly payments of compensation and provisional payment of medical expenses compensation, if any, under Part 3 of Chapter 7 of the 1998 Act by the insurer, being payments of compensation on the basis of provisional acceptance of liability to a worker employed by a particular employer with respect to an injury received (or that is deemed by the 1987 Act to have been received) during the period of insurance,\n> > > \n> > > but, in any case where a single event leads to 3 or more individual claims, the total costs of all those claims in relation to that event are not to exceed the amount that is twice the relevant large claim limit for the policy (as determined in accordance with clause 145(5)–(7) or the relevant insurance premiums order (as appropriate)).\n> \n> > (2) Despite subclause (1), cost of claims, in relation to a policy issued or renewed so as to take effect before 4 pm on 30 June 1995, has the meaning given to it by clause 135 of the [Workers Compensation Regulation 2003](/view/html/repealed/current/sl-2003-0628) before its substitution by the [Workers Compensation Amendment (Retro-Paid Loss Premium Method) Regulation 2009](/view/pdf/asmade/sl-2009-237).","sortOrder":216},{"sectionNumber":"144","sectionType":"section","heading":"Prevention of double allowance for provisional compensation payments","content":"#### 144 Prevention of double allowance for provisional compensation payments\n\n144 Prevention of double allowance for provisional compensation payments\n\n> > (1) In this clause—\n> > \n> > provisional compensation payment means provisional weekly payment of compensation or provisional payment of medical expenses compensation, under Part 3 of Chapter 7 of the 1998 Act, on the basis of provisional acceptance of liability to a worker.\n> \n> > (2) For the purposes of paragraphs (a) and (d) of the definition of cost of claims in clause 143(1), if payments are made in respect of a claim pursuant to the 1987 Act and provisional compensation payments have been made in respect of the injury concerned—\n> > \n> > > (a) the provisional compensation payments are, for the purposes of determining the cost of the claim, taken to be payments made by the insurer in respect of the claim pursuant to the 1987 Act and are to be included as such under clause 145, and\n> > \n> > > (b) clause 146 does not apply to those provisional compensation payments, and\n> > \n> > > (c) the cost of those provisional compensation payments is not to be included in the total of the costs of provisional compensation payments under paragraphs (a)(ii) and (d)(ii) of the definition of cost of claims in clause 143(1).","sortOrder":217},{"sectionNumber":"145","sectionType":"section","heading":"Cost of an individual claim","content":"#### 145 Cost of an individual claim\n\n145 Cost of an individual claim\n\n> > (1) For the purposes of paragraphs (a) and (d) of the definition of cost of claims in clause 143(1), the cost of an individual claim is (except as provided by subclause (2)) the sum of the following—\n> > \n> > > (a) the payments, if any, made by the insurer in respect of the claim pursuant to the 1987 Act or the former Act,\n> > \n> > > (b) the payments, if any, of damages at common law and under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031) made by the insurer either in satisfaction of judgments relating to the claim or in settlement of the claim,\n> > \n> > > (c) fees and expenses, if any, paid by the insurer to medical practitioners, investigators or assessors in respect of the investigation of the claim,\n> > \n> > > (d) legal costs, if any, paid by the insurer in relation to the settlement or investigation of the claim or as a consequence of proceedings at law, including any such costs that were paid to the claimant or incurred by the insurer on the insurer’s own account,\n> > \n> > > (e) the most accurate estimation for the time being of the insurer’s outstanding liability reasonably likely to arise out of the claim,\n> > \n> > whether the payments were made or the fees, expenses or costs were paid (or the estimation relates to liability that will arise) during or after the injury year or period of insurance in which the injury to which the claim relates was received (or is deemed by the 1987 Act or the former Act to have been received).\n> \n> > (2) However, the cost of an individual claim—\n> > \n> > > (a) does not include any amount calculated by reference to the insurer’s costs of administration or profit, and\n> > \n> > > (b) in relation to a policy (other than a retro-paid loss premium policy)—is to be reduced by the amounts, if any, that have been recovered or are recoverable by the insurer from any source, other than an amount recovered or recoverable under section 160 of the 1987 Act, from the Insurers’ Contribution Fund or pursuant to a policy of reinsurance, and\n> > \n> > > (c) in relation to a retro-paid loss premium policy—is to be reduced by the amounts, if any, that have been recovered or that, in the opinion of the Nominal Insurer, are recoverable by the insurer from any source, other than an amount recovered or recoverable under section 160 of the 1987 Act, from the Insurers’ Contribution Fund or pursuant to a policy of reinsurance, and\n> > \n> > > (d) is to be reduced by—\n> > > \n> > > > (i) in the case where the injured worker’s weekly payment of compensation is less than $500 or is not known (for example, the claim is for payment of medical expenses compensation only)—$500 or, if the cost of the claim is less than $500, that lesser cost, or\n> > > \n> > > > (ii) in any other case—an amount that is the lesser of the following—\n> > > > \n> > > > > (A) the amount that the injured worker is entitled to receive as one week’s weekly payment of compensation,\n> > > > \n> > > > > (B) if the claim is covered by a policy of insurance that was issued or renewed so as to take effect before 4 pm on 30 June 2006—$1,449.50,\n> > > > \n> > > > > (C) if the claim is covered by a policy of insurance that was issued or renewed so as to take effect on or after 4 pm on 30 June 2006, the amount specified by the relevant insurance premiums order that applies to that policy, and\n> > \n> > > (e) does not include any amount paid or payable under section 64A (Compensation for cost of interpreter services) of the 1987 Act, and\n> > \n> > > (f) does not include any amount which section 54(4)(b) of the 1998 Act (Second-injury scheme) requires to be excluded from the claims experience of the employer, and\n> > \n> > > (g) is to be reduced by an amount that is the most accurate estimation for the time being by the insurer of the amount of any input tax credit or decreasing adjustment that may be claimed or has been claimed by the insurer in respect of the payments, fees, expenses or costs included in the cost of the individual claim under subclause (1), pursuant to the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) In this clause, references to the insurer’s outstanding liability reasonably likely to arise out of the claim are references to the amount calculated to be sufficient to meet all reasonably likely future payments in respect of the claim, including adjustments (at such rates, if any, as the Authority from time to time determines) to take account of expected future earnings on investments and expected future inflation or deflation on that amount.\n> \n> > (4) For the purpose of this clause, in the case of a claim in respect of the death of or injury to a person caused by or arising out of a motor accident as defined in the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102)—\n> > \n> > > (a) the insurer’s liability to indemnify an employer in respect of the employer’s liability to the claimant independently of the 1987 Act is taken to be limited to the amount of damages (if any) that would be payable if Division 3 of Part 5 of the 1987 Act applied to the award of damages concerned, and\n> > \n> > > (b) the insurer is taken not to be liable for legal costs connected with proceedings under the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) if damages would not have been payable if that Division applied to that award.\n> \n> > (5) If the cost of an individual claim exceeds the large claim limit that applied when the injury to which the claim relates was received (or is deemed by the 1987 Act or the former Act to have been received), the cost of the individual claim is the amount of that large claim limit.\n> \n> > (6) For the purposes of subclause (5) in relation to a policy (other than a retro-paid loss premium policy), the large claim limit specified in Column 2 of the Table to this clause applies to an injury that was received or is deemed to have been received during a year specified in Column 1 of that Table in relation to that limit.\n> \n> > (7) For the purposes of subclause (5), in relation to a retro-paid loss premium policy, an employer is, before the commencement of the policy, to elect a large claim limit of one of the following amounts to apply to injuries received or deemed to have been received during the period of insurance—\n> > \n> > > (a) $350,000,\n> > \n> > > (b) $500,000.\n> \n> Large claim limits\n> \n> | Column 1 | Column 2 |\n> | Period of 12 months commencing with— | Large claim limit |\n> | 30 June 1985 | $100,000 |\n> | 30 June 1986 | $200,000 |\n> | 30 June 1987 or 30 June of the years 1988 to 1994 | $100,000 |\n> | 30 June 1995 or 30 June of the years 1996 to 2014 | $150,000 |\n> | 30 June 2015 | The amount specified in the relevant insurance premiums order that applies to the policy concerned |\n> | 30 June 2016 | The amount specified in the Workers Compensation Market Practice and Premiums Guidelines that applies to the policy concerned |\n> | 30 June 2017 or 30 June of any subsequent year | The amount specified by the insurer in the cost of claims in accordance with the Workers Compensation Market Practice and Premiums Guidelines that applies to the policy concerned |\n> \n> **cl 145:** Am 2017 (319), Sch 1 \\[2\\] \\[3\\].","sortOrder":218},{"sectionNumber":"146","sectionType":"section","heading":"Cost of provisional payments of compensation","content":"#### 146 Cost of provisional payments of compensation\n\n146 Cost of provisional payments of compensation\n\n> > (1) For the purposes of paragraphs (a) and (d) of the definition of cost of claims in clause 143(1), the cost of payment of provisional weekly payments of compensation and provisional payment of medical expenses compensation, if any, with respect to a particular injury is (except as provided by subclause (2)) the sum of the following—\n> > \n> > > (a) the sum of the payments of provisional weekly payments of compensation and provisional medical expenses compensation, if any, made by the insurer in respect of the injury pursuant to the 1998 Act,\n> > \n> > > (b) fees and expenses, if any, paid by the insurer to medical practitioners, investigators or assessors in respect of the investigation of the injury,\n> > \n> > > (c) legal costs, if any, paid by the insurer in relation to the investigation of the injury, the determination of liability to make provisional weekly payments of compensation or provisional payment of medical expenses compensation and otherwise in complying with Divisions 1 and 3 of Part 3 of Chapter 7 of the 1998 Act,\n> > \n> > > (d) the most accurate estimation for the time being of the insurer’s outstanding liability to make provisional weekly payments of compensation and provisional payment of medical expenses compensation, if any, with respect to the injury,\n> > \n> > whether the payments were made or the fees, expenses or costs were paid (or the estimation relates to liability that will arise) during or after the injury year or period of insurance in which the injury was received (or is deemed by the 1987 Act to have been received).\n> \n> > (2) However, the cost of provisional weekly payments of compensation and provisional payment of medical expenses compensation with respect to a particular injury—\n> > \n> > > (a) does not include any amount calculated by reference to the insurer’s costs of administration or profit, and\n> > \n> > > (b) in relation to a policy (other than a retro-paid loss premium policy)—is to be reduced by the amounts, if any, that have been recovered or are recoverable by the insurer from any source, other than an amount recovered or recoverable under section 160 of the 1987 Act, from the Insurers’ Contribution Fund or pursuant to a policy of reinsurance, and\n> > \n> > > (c) in relation to a retro-paid loss premium policy—is to be reduced by the amounts, if any, that have been recovered or that, in the opinion of the Nominal Insurer, are recoverable by the insurer from any source, other than an amount recovered or recoverable under section 160 of the 1987 Act, from the Insurers’ Contribution Fund or pursuant to a policy of reinsurance, and\n> > \n> > > (d) is to be reduced by—\n> > > \n> > > > (i) in the case where the injured worker’s provisional weekly payment of compensation is less than $500 or is not known (for example, the claim is for provisional payment of medical expenses compensation only)—$500 or, if the cost of the payments is less than $500, that lesser cost, or\n> > > \n> > > > (ii) in any other case—an amount that is the lesser of the following—\n> > > > \n> > > > > (A) the amount that the injured worker is entitled to receive as one week’s provisional weekly payment of compensation,\n> > > > \n> > > > > (B) if the payment is under a policy of insurance that was issued or renewed so as to take effect before 4 pm on 30 June 2006—$1,449.50,\n> > > > \n> > > > > (C) if the payment is under a policy of insurance that was issued or renewed so as to take effect on or after 4 pm on 30 June 2006, the amount specified by the relevant insurance premiums order that applies to that policy, and\n> > \n> > > (e) does not include any amount paid or payable under section 64A (Compensation for cost of interpreter services) of the 1987 Act, and\n> > \n> > > (f) does not include any amount that section 54(4)(b) of the 1998 Act (Second-injury scheme) requires to be excluded from the claims experience of the employer, and\n> > \n> > > (g) is to be reduced by an amount that is the most accurate estimation for the time being by the insurer of the amount of any input tax credit or decreasing adjustment that may be claimed or has been claimed by the insurer in respect of the payments, fees, expenses or costs included in the cost of provisional weekly payments of compensation or provisional payment of medical expenses compensation under subclause (1), pursuant to the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (3) In this clause, references to the insurer’s outstanding liability to make provisional weekly payments of compensation or provisional payment of medical expenses compensation with respect to an injury are references to the amount calculated to be sufficient to meet all reasonably likely future provisional payments of weekly compensation or medical expenses compensation in respect of the injury.","sortOrder":219},{"sectionNumber":"147","sectionType":"section","heading":"Certificates relating to cost of claims","content":"#### 147 Certificates relating to cost of claims\n\n147 Certificates relating to cost of claims\n\n> > (1) For the purpose of ascertaining the premium payable by an employer in respect of a period of insurance—\n> > \n> > > (a) an employer to whom a policy has been issued by an insurer, or\n> > \n> > > (b) another insurer,\n> > \n> > may, by notice in writing served on the insurer who issued the policy not later than 1 month after the commencement of the period of insurance, require the insurer who issued the policy to furnish the employer or other insurer, within 21 days of service of the notice, with a certificate in the approved form, specifying (with respect to the whole or any part of the last 3 injury years which occurred or will have occurred before the commencement of the period of insurance) the particulars relating to costs of claims required by the form to be inserted in it.\n> \n> > (2) An insurer who, without reasonable excuse—\n> > \n> > > (a) fails to comply with a requirement made in accordance with subclause (1), or\n> > \n> > > (b) in purported compliance with any such requirement, furnishes a certificate knowing that the certificate contains particulars that are false or misleading in a material particular or knowing that the certificate is incomplete in a material particular,\n> > \n> > is guilty of an offence.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":220},{"sectionNumber":"148","sectionType":"section","heading":"Effect of certificate","content":"#### 148 Effect of certificate\n\n148 Effect of certificate\n\n> > (1) Where an insurer has, in accordance with clause 147, furnished a certificate to an employer or another insurer for the purpose of ascertainment of the premium payable in respect of a period of insurance, the particulars relating to costs of claims specified in the last or only certificate so furnished are binding on the employer and any insurer for the purpose of calculation at any time of those costs of claims as at the commencement of that period of insurance, except as provided by subclause (2).\n> \n> > (2) If an insurer (other than the insurer who furnished the certificate) does not agree with any of those particulars and applies to the Authority for a variation of those particulars (and the application is not withdrawn or, in the opinion of the Authority, abandoned), the particulars relating to costs of claims specified in the certificate as confirmed or varied by the Authority are binding on any insurer for the purpose of calculation at any time of those costs of claims as at the commencement of that period of insurance.","sortOrder":221},{"sectionNumber":"149","sectionType":"section","heading":"Certificates by scheme agents relating to cost of claims—retro-paid loss premium policy","content":"#### 149 Certificates by scheme agents relating to cost of claims—retro-paid loss premium policy\n\n149 Certificates by scheme agents relating to cost of claims—retro-paid loss premium policy\n\n> > (1) For the purpose of ascertaining the premium payable by an employer in respect of a period of insurance in relation to a retro-paid loss premium policy, the Nominal Insurer may, by notice in writing, require the scheme agent through whom the policy was issued, to furnish the Nominal Insurer, within 21 days of service of the notice, with a certificate in the approved form, specifying the particulars relating to costs of claims requested in the notice.\n> \n> > (2) A scheme agent must not, without reasonable excuse—\n> > \n> > > (a) fail to comply with a requirement made in accordance with subclause (1), or\n> > \n> > > (b) in purported compliance with any such requirement, furnish a certificate knowing that the certificate contains particulars that are false or misleading in a material particular or knowing that the certificate is incomplete in a material particular.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":222},{"sectionNumber":"150","sectionType":"section","heading":"Employers who were previously self-insurers","content":"#### 150 Employers who were previously self-insurers\n\n150 Employers who were previously self-insurers\n\n> > (1) If an employer—\n> > \n> > > (a) makes an application to an insurer for the issue or renewal of a policy, and\n> > \n> > > (b) was a self-insurer during any part of the last 3 injury years occurring before the proposed period of insurance,\n> > \n> > the cost of claims in relation to the period as a self-insurer is to be calculated (subject to any relevant determination of the Authority) as if the employer had been insured under a policy in respect of that period.\n> \n> > (2) The provisions of this Division relating to insurers apply (subject to such modifications and exceptions as the Authority may determine) to such an employer in respect of the period as a self-insurer.","sortOrder":223},{"sectionNumber":"151","sectionType":"section","heading":"Notice of premium calculation","content":"#### 151 Notice of premium calculation\n\n151 Notice of premium calculation\n\n> > (1) An insurer may not demand a premium for the issue or renewal of a policy to which the Workers Compensation Market Practice and Premiums Guidelines apply unless the insurer has sent or sends at the time to the employer a notice in the approved form, duly completed, relating to the calculation of the premium in respect of that employer.\n> \n> > (2) The sending by an insurer of a notice referred to in subclause (1) to a broker or an intermediary or an agent of an employer (whether or not the notice is also addressed to the employer) does not constitute sending of the notice to the employer for the purposes of that subclause, but nothing in this subclause prevents the sending of any such notice to an employer by a postal or courier service.","sortOrder":225},{"sectionNumber":"152","sectionType":"section","heading":"Payment of premiums by instalments","content":"#### 152 Payment of premiums by instalments\n\n152 Payment of premiums by instalments\n\n> An employer may elect to pay the premiums under any policy of insurance by instalment plans as detailed in the premium filings of the insurer, but only if the instalment plans are approved by, or are plans of a class approved by, the Authority for that policy or policies of that class.\n> \n> **cl 152:** Subst 2017 (319), Sch 1 \\[4\\].","sortOrder":227},{"sectionNumber":"153","sectionType":"section","heading":null,"content":"#### 153\n\n153–161\n\n**cll 153–161:** Rep 2017 (319), Sch 1 \\[4\\].","sortOrder":228},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"## Division 7 Miscellaneous\n\nDivision 7 Miscellaneous","sortOrder":229},{"sectionNumber":"162","sectionType":"section","heading":"Transitional—operation of amendments","content":"#### 162 Transitional—operation of amendments\n\n162 Transitional—operation of amendments\n\n> An amendment to this Part does not apply to or in respect of any policy of insurance that takes effect before the amendment commences, unless the amendment otherwise specifically provides.","sortOrder":230},{"sectionNumber":"163","sectionType":"section","heading":"Rebate of premium where fraud or mistake involved in claims","content":"#### 163 Rebate of premium where fraud or mistake involved in claims\n\n163 Rebate of premium where fraud or mistake involved in claims\n\n> > (1) An employer is entitled to a rebate for an overpayment of an insurance premium if—\n> > \n> > > (a) an amount of a claim was included in the costs of claims used in the calculation of the insurance premium, and\n> > \n> > > (b) on or after 1 January 2000—\n> > > \n> > > > (i) a court in a criminal prosecution determined that the claim or part of the claim was fraudulent (whether or not a person is convicted for the fraud), or\n> > > \n> > > > (ii) the Compensation Court or the Commission in a final determination determined that the claim was made by a person who was not a worker, or\n> > > \n> > > > (iii) the Authority is satisfied that the claim is one to which section 235B of the 1998 Act applies, or\n> > > \n> > > > (iv) the Authority has made an order under section 235D of the 1998 Act in relation to the claim.\n> \n> > (2) An employer is entitled to such a rebate in relation to each period of insurance for which the amount of a claim referred to in subclause (1) was included in the calculation of the insurance premium for that period.\n> \n> > (3) The amount of the rebate that an employer is entitled to under this clause is to be determined by the Authority.","sortOrder":231},{"sectionNumber":"Part 19","sectionType":"part","heading":"Miscellaneous","content":"# Part 19 Miscellaneous\n\nPart 19 Miscellaneous","sortOrder":232},{"sectionNumber":"164","sectionType":"section","heading":"Disclosure of information for complaint about health practitioners","content":"#### 164 Disclosure of information for complaint about health practitioners\n\n164 Disclosure of information for complaint about health practitioners\n\n> > (1) The Authority may disclose any information obtained in connection with the administration or execution of the workers compensation legislation concerning a health practitioner or any person to whom a health service has been provided by a health practitioner if the disclosure is made to the Commission or to a professional council or to a registration authority within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (2) Disclosure under this clause is allowed only for the purpose of—\n> > \n> > > (a) the making of a complaint by the Authority about the health practitioner under the Health Practitioner Regulation National Law or the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105), or\n> > \n> > > (b) assisting with any subsequent investigation, hearing or other action under the Health Practitioner Regulation National Law or the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) in connection with the complaint.\n> \n> > (3) In this clause—\n> > \n> > Authority includes the Nominal Insurer.\n> > \n> > Commission, health practitioner, Health Practitioner Regulation National Law, health service and registration authority have the same meanings as in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105).\n> > \n> > the workers compensation legislation means the 1998 Act, the 1987 Act and the former 1926 Act.\n> \n> **cl 164:** Am 2017 No 50, Sch 5.36 \\[1\\] \\[2\\].","sortOrder":233},{"sectionNumber":"165","sectionType":"section","heading":"Disclosure of information to Long Service Corporation—the 1998 Act, s 243(2)","content":"#### 165 Disclosure of information to Long Service Corporation—the 1998 Act, s 243(2)\n\n165 Disclosure of information to Long Service Corporation—the 1998 Act, s 243(2)\n\n> > (1) The Authority may disclose details of contract cleaning industry employers, obtained in connection with the administration or execution of the workers compensation legislation, to the Long Service Corporation.\n> \n> > (2) Disclosure under this clause is allowed only in relation to the following information—\n> > \n> > > (a) the name and contact details of a contract cleaning industry employer,\n> > \n> > > (b) the number of employees of a contract cleaning industry employer,\n> > \n> > > (c) the location of business operations of a contract cleaning employer.\n> \n> > (3) In this clause—\n> > \n> > contract cleaning industry employer means an employer within the meaning of the [Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010](/view/html/inforce/current/act-2010-122).\n> > \n> > Long Service Corporation means the Long Service Corporation constituted under the [Long Service Corporation Act 2010](/view/html/inforce/current/act-2010-123).\n> \n> **cl 165:** Am 2022 (820), Sch 1\\[1\\] \\[2\\].","sortOrder":234},{"sectionNumber":"165A","sectionType":"section","heading":"Disclosure of information to person conducting special inquiry—the 1998 Act, ss 243(2) and 243AA(2)","content":"#### 165A Disclosure of information to person conducting special inquiry—the 1998 Act, ss 243(2) and 243AA(2)\n\n165A Disclosure of information to person conducting special inquiry—the 1998 Act, ss 243(2) and 243AA(2)\n\n> > (1) For the 1998 Act, sections 243(2)(d) and 243AA(2)(b), a person appointed under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 82 to conduct a special inquiry into a matter relating to the Authority is prescribed.\n> \n> > (2) In this clause—\n> > \n> > Authority includes the Nominal Insurer.\n> \n> **cl 165A:** Ins 2024 (314), Sch 1.","sortOrder":235},{"sectionNumber":"166","sectionType":"section","heading":"Additional records to be kept by employers","content":"#### 166 Additional records to be kept by employers\n\n166 Additional records to be kept by employers\n\n> For the purposes of section 174 of the 1987 Act, the following are prescribed as matters for which an employer must keep records—\n> \n> > (a) to the extent that is relevant to the employer—the number of taxi plates of the employer, the number of rides for jockeys and the number of bouts for boxers and wrestlers,\n> \n> > (b) in the case of workers paid under contracts of the kind referred to in paragraph (b) of the definition of wages in section 174(9) of the 1987 Act—details of the contract concerned and related documentation, sufficient to enable an insurer to determine the amount of any costs to be deducted as referred to in that paragraph,\n> \n> > (c) in the case of a worker engaged as an apprentice—records sufficient to establish the existence of the apprenticeship, including—\n> > \n> > > (i) any documents required to be kept under the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080) in relation to the apprentice, and\n> > \n> > > (ii) any apprenticeship contracts approved by the Department of Education in relation to the apprentice.","sortOrder":236},{"sectionNumber":"167","sectionType":"section","heading":"Uninsured liabilities—modification of provisions of 1987 Act","content":"#### 167 Uninsured liabilities—modification of provisions of 1987 Act\n\n167 Uninsured liabilities—modification of provisions of 1987 Act\n\n> For the purposes of sections 142A(2) and 148(3) of the 1987 Act, the following modifications are made to the provisions of the 1987 Act in their application to claims made under the Scheme—\n> \n> > (a) references in sections 54 and 84 of the 1987 Act and in sections 71, 119, 122, 125 and 126 of the 1998 Act to an insurer or employer are to be read as references to the Nominal Insurer,\n> \n> > (b) references in section 11A(8) of the 1987 Act and in sections 58 and 65(5) of the 1998 Act to an insurer or self-insurer are to be read as references to the Nominal Insurer,\n> \n> > (c) in a case where a claim is made to a court or the Commission under section 142B of the 1987 Act and the employer named by the applicant under section 142B(1) is a corporation that has ceased to exist or a deceased person whose estate has been distributed—section 142B(1) is to be read as if it also provided that (in such a case) the application is not, subject to any rules of the court or the Commission, required to serve a copy of the application on that person,\n> \n> > (d) section 174(6A) of the 1987 Act is to be read as if section 174(6B) were omitted.","sortOrder":237},{"sectionNumber":"168","sectionType":"section","heading":"Costs of medical assessment","content":"#### 168 Costs of medical assessment\n\n168 Costs of medical assessment\n\n> > (1) For the purposes of section 330 of the 1998 Act, the following are prescribed as matters that an employer or insurer is not required to pay any costs of medical assessment in connection with—\n> > \n> > > (a) a medical assessment under Part 7 of Chapter 7 of the 1998 Act, if the worker failed without reasonable excuse to submit himself or herself to a medical examination conducted for the assessment,\n> > \n> > > (b) any further examination conducted for a medical assessment referred to in paragraph (a),\n> > \n> > > (c) an appeal against such a medical assessment, if the worker failed without reasonable excuse to attend a hearing on the appeal,\n> > \n> > > (d) any further hearing held on an appeal referred to in paragraph (c).\n> \n> > (2) The worker is required to pay any costs of assessment referred to in subclause (1)(a)–(d).","sortOrder":238},{"sectionNumber":"169","sectionType":"section","heading":null,"content":"#### 169\n\n169 (Repealed)","sortOrder":239},{"sectionNumber":"170","sectionType":"section","heading":"Proceedings to enter up award on agreement for compensation","content":"#### 170 Proceedings to enter up award on agreement for compensation\n\n170 Proceedings to enter up award on agreement for compensation\n\n> An application for determination of a claim for compensation by way of an award to give effect to an agreement between the parties may be lodged only if the application is accompanied by such evidence that the proceedings are not prevented by section 66B of the 1987 Act from being entertained by the Commission as is specified by the Commission rules for that purpose.\n> \n> **cl 170:** Am 2020 (744), Sch 3\\[15\\].","sortOrder":241},{"sectionNumber":"171","sectionType":"section","heading":"Powers of entry by inspectors","content":"#### 171 Powers of entry by inspectors\n\n171 Powers of entry by inspectors\n\n> SafeWork NSW is prescribed for the purposes of paragraph (b) of the definition of inspector in section 238(1) of the 1998 Act as a body that can authorise a person for the purposes of that section.","sortOrder":242},{"sectionNumber":"172","sectionType":"section","heading":"Power to obtain information, documents and evidence","content":"#### 172 Power to obtain information, documents and evidence\n\n172 Power to obtain information, documents and evidence\n\n> SafeWork NSW is prescribed for the purposes of paragraph (b) of the definition of inspector in section 238AA(7) of the 1998 Act as a body that can authorise a person for the purposes of that section.","sortOrder":243},{"sectionNumber":"173","sectionType":"section","heading":"Applications for licences","content":"#### 173 Applications for licences\n\n173 Applications for licences\n\n> For the purposes of sections 177(2) and 210(2) of the 1987 Act, an application for a licence is to be in the approved form.","sortOrder":244},{"sectionNumber":"174","sectionType":"section","heading":"Medical practitioner may be required to attend Commission","content":"#### 174 Medical practitioner may be required to attend Commission\n\n174 Medical practitioner may be required to attend Commission\n\n> For the purposes of section 127(4) of the 1998 Act, a medical practitioner may be required to attend the Commission and be cross-examined on the contents of a medical report by—\n> \n> > (a) notice served on the medical practitioner, or\n> \n> > (b) summons to appear under the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018), section 51(1).\n> \n> **cl 174:** Am 2022 (820), Sch 1\\[3\\].","sortOrder":245},{"sectionNumber":"175","sectionType":"section","heading":"Evidence as to work capacity for second or subsequent certificates","content":"#### 175 Evidence as to work capacity for second or subsequent certificates\n\n175 Evidence as to work capacity for second or subsequent certificates\n\n> > (1) For the purposes of section 44B(3)(a1) of the 1987 Act, a second or subsequent certificate of capacity must be—\n> > \n> > > (a) in a form approved by the Authority, and\n> > \n> > > (b) given by—\n> > > \n> > > > (i) a medical practitioner, or\n> > > \n> > > > (ii) if the injured worker is receiving medical or related treatment (as defined in Division 3 of Part 3) for the injury by a physiotherapist or psychologist who is appropriately qualified within the meaning of section 60—the physiotherapist or psychologist.\n> > > > \n> > > > Note.\n> > > > \n> > > > Section 60(2C)(e) provides that the Workers Compensation Guidelines may specify the qualifications or experience a person requires to be appropriately qualified, including by providing that a person is not appropriately qualified unless approved or accredited by the Authority.\n> \n> > (2) If a subsequent certificate covers a period that overlaps wholly or in part with a period covered by an earlier certificate, the later certificate prevails for the whole of the period covered by the later certificate except to the extent that the later certificate relates to a period before the later certificate was provided.\n> \n> > (3) (Repealed)\n> \n> **cl 175:** Ins 2020 (154), Sch 1\\[2\\]. Am 2021 (173), cl 3; 2022 (128), sec 3.","sortOrder":246},{"sectionNumber":"176","sectionType":"section","heading":"Service of notices—the 1998 Act, s 236","content":"#### 176 Service of notices—the 1998 Act, s 236\n\n176 Service of notices—the 1998 Act, s 236\n\n> For the 1998 Act, section 236(b), a notice may be given or served—\n> \n> > (a) by email to an email address specified by the person for the service of notices, or\n> \n> > (b) by electronic transmission to an address or location specified by the person for the service of notices.\n> \n> **cl 176:** Ins 2022 (820), Sch 1\\[4\\].","sortOrder":247},{"sectionNumber":"177","sectionType":"section","heading":"Lump sum death benefit—additional compensation fees","content":"#### 177 Lump sum death benefit—additional compensation fees\n\n177 Lump sum death benefit—additional compensation fees\n\n> For the 1987 Act, section 25(1A), the fee calculated in accordance with the following formula is prescribed—\n> \n> ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0559)%20AND%20(Year%3D2016)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> \n>   \n> Where—\n> \n> A is $1,309.\n> \n> B is the amount specified in Table 1, Column 2 that corresponds to the lump sum death benefit, including interest, payable to the dependant specified in Table 1, Column 1.\n> \n> C is the amount specified in Table 1, Column 3 that corresponds to the lump sum death benefit, including interest, payable to the dependant specified in Table 1, Column 1.\n> \n> D is $917.82.\n> \n> E is the amount specified in Table 2, Column 2 that corresponds to the age of the dependant specified in Table 2, Column 1.\n> \n> F is the lump sum death benefit, including interest, payable to the dependant.\n> \n> G is the amount specified in Table 2, Column 3 that corresponds to the age of the dependant specified in Table 2, Column 1.\n> \n> **Table 1**\n> \n> | Column 1 | Column 2 | Column 3 |\n> | less than or equal to $100,000 | 0.0385 | 0 |\n> | $100,000.01 to $200,000 | 0.0275 | 1100 |\n> | $200,000.01 to $300,000 | 0.0165 | 3300 |\n> | more than $300,000 | 0.0055 | 6600 |\n> \n> **Table 2**\n> \n> | Column 1 | Column 2 | Column 3 |\n> | Age (years) |  |  |\n> | 0 | 11.69 | 0.2529 |\n> | 1 | 11.27 | 0.2358 |\n> | 2 | 10.84 | 0.2191 |\n> | 3 | 10.38 | 0.2028 |\n> | 4 | 9.90 | 0.1869 |\n> | 5 | 9.39 | 0.1714 |\n> | 6 | 8.86 | 0.1562 |\n> | 7 | 8.31 | 0.1414 |\n> | 8 | 7.72 | 0.1270 |\n> | 9 | 7.11 | 0.1129 |\n> | 10 | 6.46 | 0.0991 |\n> | 11 | 5.79 | 0.0857 |\n> | 12 | 5.08 | 0.0725 |\n> | 13 | 4.33 | 0.0455 |\n> | 14 | 3.55 | 0.0370 |\n> | 15 | 2.72 | 0.0282 |\n> | 16 | 1.86 | 0.0191 |\n> | 17 | 0.95 | 0.0097 |\n> \n> **cl 177:** Ins 2022 (820), Sch 1\\[5\\].","sortOrder":248},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Diseases taken to be work-related","content":"# Schedule 1 Diseases taken to be work-related\n\nSchedule 1 Diseases taken to be work-related\n\n(Clause 4)\n\n| Column 1 | Column 2 |\n| Poisoning by lead, its alloys or compounds, and its sequelae | Handling of ore containing lead including fine shot in zinc factoriesCasting of old zinc and lead in ingotsManufacture of articles made of cast lead or of lead alloysEmployment in the polygraphic industriesManufacture of lead compoundsManufacture and repair of electric accumulatorsPreparation and use of enamels containing leadPolishing by means of lead files or putty powder with a lead contentAll painting operations involving the preparation and manipulation of coating substances, cements or colouring substances containing lead pigments |\n| Poisoning by mercury or its amalgams or compounds, and its sequelae | Handling of mercury oreManufacture of mercury compoundsManufacture of measuring and laboratory apparatusPreparation of raw material for the hat-making industryHot gildingUse of mercury pumps in the manufacture of incandescent lampsManufacture of fulminate of mercury primers |\n| Anthrax infection | Work in connection with animals infected with anthraxHandling of animal carcases or parts of such carcases including hides, hoofs and hornsLoading and unloading or transport of merchandise that has come in contact with animals infected with anthrax or with animal carcases or parts of such carcases |\n| Phosphorus poisoning by phosphorus or its compounds, and its sequelae | Any process involving the production, liberation or utilisation of phosphorus or its compounds |\n| Arsenic poisoning by arsenic or its compounds, and its sequelae | Any process involving the production, liberation or utilisation of arsenic or its compounds |\n| Poisoning by benzene or its homologues, their nitro- and amido-derivatives, and its sequelae | Any process involving the production, liberation or utilisation of benzene or its homologues, or their nitro- and amido-derivatives |\n| Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series | Any process involving the production, liberation or utilisation of halogen derivatives of hydrocarbons of the aliphatic series |\n| Pathological manifestations of a kind that are due to or contributed to by—(a) radium and other radioactive substances,(b) X-rays | Any process involving exposure to the action of radium, radioactive substances or X-rays |\n| Primary epitheliomatous cancer of the skin | Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances |\n| Brucellosis, Leptospirosis and Q fever | Slaughtering of cattle on the slaughter-floor of an abattoir or slaughter-houseHandling or processing of the slaughtered carcases of cattle in an abattoir or slaughter-housePenning up or running cattle through a race at an abattoir or slaughter-houseAny activity, incidental or necessary to the carrying out of the above activities, on the slaughter-floor, in any area where the raw by-products of slaughtered cattle are handled or in or about any pen or race of an abattoir or slaughter-house |","sortOrder":249},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Medical tests and results—brucellosis, Q fever, leptospirosis and COVID-19","content":"# Schedule 2 Medical tests and results—brucellosis, Q fever, leptospirosis and COVID-19\n\nSchedule 2 Medical tests and results—brucellosis, Q fever, leptospirosis and COVID-19\n\n(Clauses 5 and 5B)\n\n**sch 2, hdg:** Am 2020 (428), Sch 1\\[4\\].\n\n**sch 2:** Am 2020 (428), Sch 1\\[5\\]–\\[7\\].","sortOrder":250},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Mandatory provisions in employer’s insurance policy","content":"# Schedule 3 Mandatory provisions in employer’s insurance policy\n\nSchedule 3 Mandatory provisions in employer’s insurance policy\n\n(Clause 51)\n\n**sch 3:** Am 2017 (319), Sch 1 \\[5\\].","sortOrder":253},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Ministers of religion","content":"# Schedule 4 Ministers of religion\n\nSchedule 4 Ministers of religion\n\n(Clause 65)\n\n| Religious body or organisation | Class | Employer |\n| Anglican Church of Australia—Diocese of Canberra and Goulburn | Clergy holding a licence from the Bishop of the Diocese who perform work wholly or partly in New South Wales | Anglican Church Property Trust, Diocese of Canberra and Goulburn |\n| Anglican Church of Australia—Diocese of Grafton | Clergy holding a licence from the Bishop of the Diocese who perform work wholly or partly in New South Wales | The Corporate Trustees of the Diocese of Grafton |\n| Anglican Church of Australia—Diocese of Riverina | Clergy holding a licence from the Bishop of the Diocese who perform work wholly or partly in New South Wales | Riverina Diocesan Trust |\n| Assemblies of God New South Wales | Ministers serving a congregation in New South Wales affiliated with or recognised by the Assemblies of God New South Wales who receive a stipend paid by that congregation | The Assembly of the congregation concerned |\n| The Baptist Union of New South Wales | Ministers serving a congregation in New South Wales affiliated with or recognised by The Baptist Union of New South Wales who receive a stipend paid by that congregation | The Secretary of the congregation concerned |\n| Central Coast Christian Life Centre | Ministers serving a congregation in New South Wales affiliated with or recognised by the Central Coast Christian Life Centre who receive a stipend paid by that congregation | The Central Coast Christian Life Centre Limited |\n| Church of Christ (Non-denominational)—Bankstown | Ministers serving a congregation in New South Wales affiliated with or recognised by the Church of Christ (Non-denominational)—Bankstown who receive a stipend paid by that congregation | The congregation concerned |\n| Classis New South Wales of the Reformed Churches of Australia | Ministers serving a congregation in New South Wales affiliated with or recognised by the Classis New South Wales of the Reformed Churches of Australia who receive a stipend paid by that congregation | The Session of the congregation concerned |\n|  | Ministers serving the Classis New South Wales of the Reformed Churches of Australia who receive a stipend paid by the Classis | The Classis New South Wales of the Reformed Churches of Australia |\n| Coptic Orthodox Church, New South Wales, Australia | Clergy authorised by the President of the Church Council in New South Wales to serve a parish in New South Wales | Coptic Orthodox Church (NSW) Property Trust |\n| Fellowship of Congregational Churches | Clergy serving a congregation in New South Wales affiliated with or recognised by the Fellowship of Congregational Churches who receive a stipend paid by that congregation | The Secretary of the congregation concerned |\n| Presbyterian Church of Australia in the State of New South Wales | Presbyterian Ministers | Presbyterian Church in the State of New South Wales |\n| Southside Christian Fellowship | Ministers serving a congregation in New South Wales affiliated with or recognised by the Southside Christian Fellowship who receive a stipend paid by that congregation | The Southside Christian Fellowship Incorporated |\n| Uniting Church in Australia—Synod of NSW and the ACT | Ministers serving a congregation in New South Wales affiliated with or recognised by the Uniting Church in Australia, Synod of NSW and the ACT who receive a stipend paid by that congregation | Uniting Church in Australia—Synod of NSW and the ACT |","sortOrder":284},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 5 Penalty notice offences\n\nSchedule 5 Penalty notice offences\n\nclause 71\n\n**sch 5:** Am 2018 No 62, Sch 1.3 \\[7\\] \\[8\\]; 2022 (820), Sch 1\\[6\\]. Subst 2023 (111), Sch 1.","sortOrder":285},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Maximum costs—compensation matters","content":"# Schedule 6 Maximum costs—compensation matters\n\nSchedule 6 Maximum costs—compensation matters\n\n**sch 6:** Am 2018 (729), Sch 1 \\[8\\] \\[9\\]; 2020 (625), Sch 1\\[3\\]–\\[6\\]; 2020 No 30, Sch 4.121; 2020 (744), Sch 3\\[22\\]–\\[34\\].","sortOrder":289},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Maximum costs for legal services—work injury damages matters","content":"# Schedule 7 Maximum costs for legal services—work injury damages matters\n\nSchedule 7 Maximum costs for legal services—work injury damages matters\n\n**sch 7:** Am 2020 (744), Sch 3\\[35\\].","sortOrder":310},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 8 Savings and transitional provisions\n\nSchedule 8 Savings and transitional provisions\n\n**sch 8:** Am 2016 (669), cl 3; 2016 (781), Sch 1; 2017 (319), Sch 1 \\[6\\]; 2018 No 62, Sch 5.2 \\[1\\] \\[2\\]; 2019 No 14, Sch 1.28.","sortOrder":313},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Special provisions for existing recipients of weekly payments—2012 amendments","content":"# Part 2A Special provisions for existing recipients of weekly payments—2012 amendments\n\nPart 2A Special provisions for existing recipients of weekly payments—2012 amendments","sortOrder":344},{"sectionNumber":"28A","sectionType":"section","heading":"Interpretation","content":"#### 28A Interpretation\n\n28A Interpretation\n\n> > (1) Words and expressions used in this Part have the same meaning as in Part 19H of Schedule 6 to the 1987 Act.\n> \n> > (2) The following provisions are deemed to be amended to the extent necessary to give effect to this Part—\n> > \n> > > (a) section 39 of the 1987 Act,\n> > \n> > > (b) Part 19H of Schedule 6 to the 1987 Act,\n> > \n> > > (c) section 322A of the 1998 Act.","sortOrder":345},{"sectionNumber":"28B","sectionType":"section","heading":"Application and operation of Part","content":"#### 28B Application and operation of Part\n\n28B Application and operation of Part\n\n> > (1) This Part takes effect on and from 1 October 2012.\n> \n> > (2) This Part applies to an injured worker who is an existing recipient of weekly payments.","sortOrder":346},{"sectionNumber":"28C","sectionType":"section","heading":"5 year limit on weekly payments","content":"#### 28C 5 year limit on weekly payments\n\n28C 5 year limit on weekly payments\n\n> Section 39 of the 1987 Act (as substituted by the 2012 amending Act) does not apply to an injured worker if the worker’s injury has resulted in permanent impairment and—\n> \n> > (a) an assessment of the degree of permanent impairment for the purposes of the Workers Compensation Acts is pending and has not been made because an approved medical specialist has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable, or\n> \n> > (b) the insurer is satisfied that the degree of permanent impairment is likely to be more than 20% (whether or not the degree of permanent impairment has previously been assessed).","sortOrder":347},{"sectionNumber":"28D","sectionType":"section","heading":"Further permanent impairment assessments","content":"#### 28D Further permanent impairment assessments\n\n28D Further permanent impairment assessments\n\n> > (1) This clause applies to an injured worker if the degree of permanent impairment resulting from the worker’s injury is or has been assessed for the purposes of the Workers Compensation Acts.\n> \n> > (2) Section 322A of the 1998 Act does not operate to prevent a further assessment being made of the degree of permanent impairment resulting from the worker’s injury for the purposes of Part 3 of the 1987 Act.\n> \n> > (3) However, only one further assessment may be made of the degree of permanent impairment resulting from the worker’s injury.","sortOrder":348},{"sectionNumber":"37AA","sectionType":"section","heading":"Operation of amendments","content":"#### 37AA Operation of amendments\n\n37AA Operation of amendments\n\n> This Part ceases to have effect on the commencement of the amendments made to the 1987 Act by the [Statute Law (Miscellaneous Provisions) Act (No 2) 2019](/view/html/repealed/current/act-2019-014).","sortOrder":359},{"sectionNumber":"37A","sectionType":"section","heading":"Application of death benefits amendments to coal miners","content":"#### 37A Application of death benefits amendments to coal miners\n\n37A Application of death benefits amendments to coal miners\n\n> > (1) Clause 15 of Part 19I of Schedule 6 to the 1987 Act does not apply, and is taken never to have applied, to the amendments made by Schedule 1 to the [Workers Compensation Amendment Act 2015](/view/html/repealed/current/act-2015-018) to sections 25 and 26 of the 1987 Act.\n> > \n> > Note.\n> > \n> > The effect of this subclause is that sections 25 and 26 of the 1987 Act, as amended by Schedule 1 to the [Workers Compensation Amendment Act 2015](/view/html/repealed/current/act-2015-018), apply in respect of deaths of coal miners occurring on or after 5 August 2015.\n> \n> > (2) The provisions of Part 19I of Schedule 6 to the 1987 Act are deemed to have been amended as necessary to give effect to this clause.","sortOrder":361}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":946},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Regulation has expanded significantly beyond its original 2016 scope. Major structural changes include: (1) complete substitution of Parts 3 and 4 in 2019 to create a new earnings calculation system with parallel tracks for pre- and post-October 2019 injuries; (2) insertion of COVID-19 specific provisions (clauses 5B-5D, 8EA) in 2020; (3) repeated amendments to costs provisions in Part 17 and Schedules 6-7, including 2020 amendments referencing the new Personal Injury Commission Act; (4) ongoing updates to penalty amounts and fee tables. The 2019 changes in particular represented a fundamental redesign of the earnings calculation system rather than incremental adjustment."},"complexity_factors":["Extensive cross-referencing between two parent Acts (1987 and 1998) and multiple amending instruments","Multiple parallel systems for calculating pre-injury earnings based on injury date (before/after 21 October 2019)","Detailed fee tables in Schedules 6 and 7 with multiple resolution types, phases, and percentage adjustments","Nested conditional logic throughout — exceptions to exceptions, especially in costs and premium calculations","COVID-19 amendments layered onto existing structures with special prescribed periods and employment categories","Self-insurer and group self-insurer modifications requiring careful parsing of which provisions apply to whom","Transitional provisions in Schedule 8 preserving multiple historical versions of entitlements","Defined terms with recursive references (e.g., 'cost of claims' defined by reference to other defined terms and external guidelines)","Mathematical formulas for lump sum death benefits (clause 177) requiring table lookups and calculations","Penalty notice offences spanning three different legislative instruments with varying penalty amounts"],"plain_english_summary":"This is the **Workers Compensation Regulation 2016** (NSW), a detailed set of rules that flesh out how the workers compensation system operates in practice. It sits under two main Acts: the *Workers Compensation Act 1987* and the *Workplace Injury Management and Workers Compensation Act 1998*.\n\n**What it does:**\n\n- **Sets out which diseases are presumed to be work-related** (Schedule 1) — things like lead poisoning, anthrax, and certain cancers linked to specific jobs.\n- **Prescribes medical tests** for proving work-related diseases like brucellosis, Q fever, leptospirosis, and COVID-19 (clauses 5, 5B).\n- **Calculates pre-injury average weekly earnings** — the baseline for compensation payments — with different rules for injuries before and after 21 October 2019 (Parts 3 and 4). This includes complex adjustments for workers who weren't continuously employed, had unpaid leave, or were financially affected by COVID-19.\n- **Requires employers to have return-to-work programs** — larger employers (\"category 1\") must have dedicated coordinators and detailed programs; smaller employers (\"category 2\") can use standard templates (Part 6).\n- **Approves and regulates workplace rehabilitation providers** — sets out how providers get certified, what conditions they must meet, and how they can lose approval (Part 7).\n- **Controls legal and agent costs** — fixes maximum amounts lawyers and agents can charge for different types of claims, with detailed tables for compensation matters (Schedule 6) and work injury damages (Schedule 7) (Part 17).\n- **Regulates insurance premiums** — how premiums are calculated based on wages and claims history, including special rules for self-insurers and farming operations (Part 18).\n- **Restricts advertising** — bans agents from advertising work injury services in ways that could encourage claims (Part 16).\n\n**Who it affects:**\n- Injured workers seeking compensation\n- Employers (especially those who are self-insured or have complex payrolls)\n- Insurers and the Nominal Insurer\n- Lawyers, agents, and workplace rehabilitation providers\n- Medical practitioners and assessors\n\n**Why it matters:**\nThis Regulation translates broad legal rights into practical, dollar-and-cents reality. It determines how much injured workers actually receive, what employers must do to prevent and manage injuries, how much lawyers can charge, and how the entire system is funded through insurance premiums. The 2019 and 2020 amendments significantly rewrote the earnings calculation rules and added COVID-19 provisions, showing how the Regulation adapts to changing circumstances."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Based on the amendment history, the regulation has been modified substantially and frequently since its original 2016 form — with over 25 distinct versions in under 8 years. This strongly suggests the scope and detail of the regulation has evolved beyond its original intent, though the absence of the actual substantive provisions prevents a definitive content-level comparison."},"complexity_factors":["Subordinate legislation that must be read alongside the parent Workers Compensation Act — you can't understand it in isolation","Extremely high amendment frequency — over 25 versions since 2016, roughly every 2-3 months on average","Pending uncommenced amendments from two separate Acts create uncertainty about current and future state of the law","Scheduled automatic repeal creates a sunset risk that practitioners and affected parties must monitor","Workers compensation law itself is inherently complex, involving medical assessments, payment calculations, employer obligations, and dispute resolution","Only metadata and version history provided — the actual substantive provisions are not included in the provided text, limiting full analysis","Interaction with multiple other legislative instruments and Acts in the NSW workers compensation framework"],"plain_english_summary":"## Workers Compensation Regulation 2016 (NSW)\n\n**What is this?**\nThis is a NSW government regulation (a type of detailed rule made under a broader law) that sits underneath the Workers Compensation Act and sets out the practical, technical rules for how the workers compensation system operates in New South Wales.\n\n**Who does it affect?**\n- **Workers** who are injured on the job in NSW\n- **Employers** who must insure their workers and manage injury claims\n- **Insurers** who provide workers compensation policies\n- **Medical providers** involved in treating injured workers\n- **Businesses** operating in NSW across all industries\n\n**Why does it matter?**\nIf you're a NSW worker hurt at work, or an employer dealing with a claim, this regulation governs the nuts and bolts of how compensation is calculated, claimed, and paid. It has been updated frequently — over 25 times since 2016 — meaning the rules have changed regularly, which can affect entitlements and obligations.\n\n**Important heads-up:**\n- ⚠️ This regulation is scheduled to be **automatically repealed (cancelled) on 1 September 2026**, so the rules will need to be remade or replaced before then\n- Some amendments passed by Parliament have **not yet come into force**, meaning further changes are coming\n- The regulation has been amended roughly **twice per year** since it started, so staying up to date is important\n\n**Bottom line:** This is the rulebook for workers compensation in NSW — it affects anyone who works, employs people, or deals with workplace injuries in the state."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The regulation fundamentally implements and expands on the original scope of the Workers Compensation Acts (1987 and 1998) by providing detailed operational rules. While it has been amended over time (e.g., adding COVID-19 provisions, updating premium calculation methods, refining costs schedules), these changes adapt to new circumstances rather than fundamentally altering the original regulatory purpose. The core subject matter – defining employer obligations, claim procedures, premium setting, and cost limits – remains consistent with its original intent as a subordinate instrument giving effect to the primary legislation."},"complexity_factors":["Over 177 clauses and 8 schedules, many with extensive detail","Numerous defined terms and cross-references to multiple Acts (1987 Act, 1998 Act)","Complex layered conditions for calculating pre-injury average weekly earnings with multiple adjustments (Part 4, Division 2)","Detailed cost schedules (Schedules 6 and 7) with tables and percentages for different resolution types and stages","Multiple exceptions and modifications for self-insurers, group self-insurers, and specific employer categories","Complex premium calculation rules including large claim limits, cost of claims definitions, and input tax credit adjustments (Part 18)","Extensive savings and transitional provisions across multiple amending Acts (Schedule 8) with temporally layered rules","Nested conditions: e.g., clause 8A order of adjustments, clause 44 restrictions on medical reports with exceptions","Heavy use of delegated authority to approve forms, guidelines, and determinations"],"plain_english_summary":"This regulation sets out the detailed rules for how New South Wales' workers compensation system works in practice. It covers a wide range of topics: which diseases are automatically considered work-related (like lead poisoning, anthrax, or COVID-19 for certain workers), how to calculate a worker's average weekly earnings before injury (including special rules for short-term workers, apprentices, and during COVID-19), employers' obligations to have return-to-work programs, how workplace rehabilitation providers get approved, how insurers must handle claims and reviews, and the maximum costs lawyers and agents can charge for compensation matters. It also specifies the mandatory terms of insurance policies, how premiums are calculated based on wages and claims history, and penalties for non-compliance. The regulation affects all employers, workers, insurers, and legal practitioners involved in the NSW workers compensation system. It matters because it prescribes the mechanical details that determine what workers receive and what employers pay, affecting the financial incentives and administrative burdens on both sides."}},"importantCases":[],"_links":{"self":"/api/acts/workers-compensation-regulation-2016","history":"/api/acts/workers-compensation-regulation-2016/history","analysis":"/api/acts/workers-compensation-regulation-2016/analysis","conflicts":"/api/acts/workers-compensation-regulation-2016/conflicts","importantCases":"/api/acts/workers-compensation-regulation-2016/important-cases","documents":"/api/acts/workers-compensation-regulation-2016/documents"}}