{"id":"tas:sr-2021-049","name":"Workers Rehabilitation and Compensation Regulations 2021","slug":"workers-rehabilitation-and-compensation-regulations-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"49 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182299,"registerId":"tas-tas:sr-2021-049-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Workers Rehabilitation and Compensation Regulations 2021](/view/html/inforce/2026-04-12/sr-2021-049) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 13 July 2021.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) ;\n> \n> [*\\[Regulation 3 Amended by No. 18 of 2021, s. 392, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS392@EN)\n> \n> > [*\\[Regulation 3 Amended by No. 18 of 2021, s. 392, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS392@EN) ***application*** means an application under the Act to the Tribunal;\n> \n> > [*\\[Regulation 3 Amended by No. 18 of 2021, s. 392, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS392@EN) ***deputy registrar*** means a Deputy Registrar within the meaning of the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) ;\n> \n> > ***document*** includes –\n> > \n> > > > (a) a copy of a document; and\n> > > \n> > > > (b) an audio tape or soundtrack or compact disc; and\n> > > \n> > > > (c) a computer program or software and any other information recorded in or processed by a computer; and\n> > > \n> > > > (d) a film, photograph, videotape or cinematographic film;\n> \n> > ***inspect*** includes the following, with or without the aid of equipment:\n> > \n> > > > (a) view data or visual images embodied in any device;\n> > > \n> > > > (b) listen to sounds embodied in any device;\n> > > \n> > > > (c) reproduce sounds, data or visual images embodied in any device;\n> \n> > ***party*** means a party to an application or referral;\n> \n> > ***proof of evidence*** means a written statement containing the substance of an expert witness's evidence;\n> \n> > ***property*** includes real and personal property;\n> \n> > ***referral*** means a referral under the Act;\n> \n> > ***Registrar*** includes a deputy registrar;\n> \n> > ***working director*** means a person who –\n> > \n> > > > (a) is a director of a company; and\n> > > \n> > > > (b) performs work for that company under a contract of service.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Practice and Procedure","content":"# Part 2 Practice and Procedure","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Practice and procedure of Tribunal","content":"## Division 1 Practice and procedure of Tribunal","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Delay","content":"### 4 Delay\n\n> > (1)  If the Tribunal considers that the conduct of an application or referral has been unduly delayed, the Tribunal, by giving notice to the parties, may make any of the following orders:\n> > \n> > > > (a) an order fixing the date on which an arbitrated hearing is to occur;\n> > > \n> > > > (b) an order fixing a timetable for the completion of any proposed action by the parties and any consequential order if that timetable is not complied with;\n> > > \n> > > > (c) any other order it considers appropriate.\n> \n> > (2)  In determining whether or not the conduct of an application or referral has been unduly delayed, the Tribunal is to have regard to any time limits fixed by these regulations or the Act.\n> \n> > (3)  Any party may request that the Tribunal make an order under [subregulation (1)](#GS4@Gs1@EN) .","sortOrder":6},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n[*\\[Regulation 5 Rescinded by No. 18 of 2021, s. 393, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS393@EN)","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Discovery","content":"### 6 Discovery\n\n> > (1)  A party, by notice in writing served on any other party, may request –\n> > \n> > > > (a) discovery of any document or property that is relevant to the issues in dispute in any application or referral; and\n> > > \n> > > > (b) a list of all documents discoverable under [paragraph (a)](#GS6@Gs1@Hpa@EN) ; and\n> > > \n> > > > (c) disclosure of the location of those documents.\n> \n> > (2)  A party on whom a notice is served under [subregulation (1)](#GS6@Gs1@EN) is to comply with the notice within 14 days after the date of service of the notice or within any other period agreed to by the parties.\n> \n> > (3)  The Tribunal may order a party who has not complied with [subregulation (2)](#GS6@Gs2@EN) to make discovery under [subregulation (1)](#GS6@Gs1@EN) within any period that the Tribunal considers appropriate.\n> \n> > (4)  If further documents that are discoverable under [subregulation (1)(a)](#GS6@Gs1@Hpa@EN) come into the possession, custody or control of a party who has already made discovery, that party is to make further discovery as soon as practicable.\n> \n> > (5)  Any document in respect of which privilege is claimed under any law is exempt from discovery.\n> \n> > (6)  This regulation does not apply to a referral made under [section 81A](/view/html/inforce/2026-04-12/act-1988-004#GS81A@EN) of the Act, other than a referral made under [section 81A(5)](/view/html/inforce/2026-04-12/act-1988-004#GS81A@Gs5@EN) of the Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Inspection of discovered documents","content":"### 7 Inspection of discovered documents\n\n> > (1)  A party, by notice served on any other party, may request inspection of any discovered document in the possession, custody or control of that other party.\n> \n> > (2)  A party on whom a notice is served under [subregulation (1)](#GS7@Gs1@EN) is to provide, within 14 days after the date of service of the notice or within any other period agreed to by the parties, a date, time and place for the inspection of the relevant document.\n> \n> > (3)  The Tribunal may order a party who has not complied with [subregulation (2)](#GS7@Gs2@EN) to provide a date, time and place for the inspection of the relevant document within any period that the Tribunal considers appropriate.\n> \n> > (4)  A notice under this regulation may be made in combination with a notice under [regulation 6](#GS6@EN) .","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Inspection of property","content":"### 8 Inspection of property\n\n> > (1)  On the application of any party, the Tribunal may make an order for the inspection of any property in the possession, custody or control of a party which is relevant to the issues in dispute in any application or referral or as to which any question may arise.\n> \n> > (2)  The Tribunal may make an order subject to the condition that the party applying for the order pay the reasonable costs and expenses of any party required to make available the property for inspection.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Limitation of certain documents in evidence","content":"### 9 Limitation of certain documents in evidence\n\n> > (1)  Any plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at the arbitrated hearing unless –\n> > \n> > > > (a) the parties agree, without further proof after having been given an opportunity to inspect it –\n> > > > \n> > > > > > (i) before the arbitrated hearing at a time fixed by the Tribunal; or\n> > > > > \n> > > > > > (ii) if no time is fixed by the Tribunal, within a reasonable period before the arbitrated hearing begins; or\n> > > \n> > > > (b) the Tribunal, at or before the arbitrated hearing, otherwise orders.\n> \n> > (2)  A party, without notice to any other party, may apply to the Tribunal for an order for evidence of any plan, model, film, audio tape, disk, soundtrack or device referred to in [subregulation (1)](#GS9@Gs1@EN) to be received at the arbitrated hearing without prior disclosure to any other party.\n> \n> > (3)  An application is to be made before the arbitrated hearing.\n> \n> > (4)  The Tribunal may –\n> > \n> > > > (a) make the order; or\n> > > \n> > > > (b) refuse to make the order; or\n> > > \n> > > > (c) direct that the application be served on any other party before making an order under [paragraph (a)](#GS9@Gs4@Hpa@EN) or [(b)](#GS9@Gs4@Hpb@EN) .","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Interrogatories","content":"### 10 Interrogatories\n\n> > (1)  A party is not to interrogate any other party except with the leave of the Tribunal.\n> \n> > (2)  The Tribunal may only grant leave to interrogate if, in the opinion of the Tribunal, an interrogatory is likely to –\n> > \n> > > > (a) narrow the issues in dispute; or\n> > > \n> > > > (b) shorten the proceedings.\n> \n> > (3)  A party is to answer an interrogatory by affidavit.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Orders against non-parties","content":"### 11 Orders against non-parties\n\n> > (1)  The Tribunal may make any or all of the following orders against a person who is not a party to an application or referral:\n> > \n> > > > (a) an order for inspection of a document that is relevant to the issues in dispute in any application or referral;\n> > > \n> > > > (b) an order authorising the observation or recording of, or the taking of a sample of or from, any property;\n> > > \n> > > > (c) an order that a person make discovery of any document or property that –\n> > > > \n> > > > > > (i) is relevant to the issues in dispute in any application or referral; and\n> > > > > \n> > > > > > (ii) is or has been in the possession, custody or power of that person;\n> > > \n> > > > (d) an order that a person answer on oath any interrogatory that is relevant to the issues in dispute in any application or referral.\n> \n> > (2)  An order under [subregulation (1)](#GS11@Gs1@EN) may be general or limited to a certain class of documents or property.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Failure to comply with directions of conciliator","content":"### 12 Failure to comply with directions of conciliator\n\n> If a party fails to carry out any direction under [section 42I](/view/html/inforce/2026-04-12/act-1988-004#GS42I@EN) of the Act, the Tribunal may make –\n> \n> > > (a) an interim order; or\n> > \n> > > (b) any other order that it considers appropriate.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Witness not required to attend arbitrated hearing","content":"### 13 Witness not required to attend arbitrated hearing\n\n> > (1)  Subject to [regulation 14](#GS14@EN) , a witness is not required to attend an arbitrated hearing if –\n> > \n> > > > (a) the party calling the witness serves an affidavit of the witness or, in the case of an expert witness, a proof of evidence on the other parties not less than 14 days before the date fixed for the hearing; and\n> > > \n> > > > (b) within 7 days after the affidavit or proof of evidence is served, another party has not objected to the use of the affidavit or proof of evidence at the hearing.\n> \n> > (2)  An objection under [subregulation (1)(b)](#GS13@Gs1@Hpb@EN) is to be –\n> > \n> > > > (a) in writing; and\n> > > \n> > > > (b) served on the other parties.\n> \n> > (3)  An affidavit or proof of evidence served under [subregulation (1)](#GS13@Gs1@EN) is receivable at the arbitrated hearing if an objection has not been made.\n> \n> > (4)  The Tribunal may order a party whose objection it considers unreasonable to bear the costs associated with the attendance of any witness.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Witness requested to attend arbitrated hearing","content":"### 14 Witness requested to attend arbitrated hearing\n\n> > (1)  A party served with an affidavit or proof of evidence under [regulation 13(1)(a)](#GS13@Gs1@Hpa@EN) who has not objected under [regulation 13(1)(b)](#GS13@Gs1@Hpb@EN) within 7 days after that service, may request the attendance of the maker of the affidavit or proof of evidence at an arbitrated hearing for the purpose of cross-examination.\n> \n> > (2)  A request is to be –\n> > \n> > > > (a) in writing; and\n> > > \n> > > > (b) served on the other parties.\n> \n> > (3)  The Tribunal may order a party whose request it considers unreasonable to bear the costs associated with the attendance of any witness.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Costs","content":"## Division 2 Costs","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Bill of costs","content":"### 15 Bill of costs\n\n> > (1)  If costs are not agreed between the parties, the successful party to whom costs have been awarded by an order of the Tribunal may serve a bill of costs on any other unsuccessful party.\n> \n> > (2)  Unless the Tribunal otherwise orders, the fees in a bill of costs are to be at the rate of 85% of the fees set out in [Part 1 of Schedule 1 to the](/view/html/inforce/2026-04-12/sr-2000-008#JS1@HS1@EN) [Supreme Court Rules 2000](/view/html/inforce/2026-04-12/sr-2000-008) .","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Objection to bill of costs","content":"### 16 Objection to bill of costs\n\n> > (1)  An unsuccessful party is taken to admit each item on a bill of costs unless that party delivers to the Registrar, and to the successful party, a notice of objection within 14 days after the date of service of the bill of costs.\n> \n> > (2)  A notice of objection is to –\n> > \n> > > > (a) specify the items objected to on the bill of costs; and\n> > > \n> > > > (b) specify detailed reasons for each objection; and\n> > > \n> > > > (c) include a copy of the bill of costs.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Assessment of costs","content":"### 17 Assessment of costs\n\n> > (1)  After receiving a notice of objection under [regulation 16](#GS16@EN) , the Registrar is to –\n> > \n> > > > (a) fix a date, time and place for an assessment of costs; and\n> > > \n> > > > (b) notify the parties accordingly.\n> \n> > (2)  At an assessment of costs, the Registrar may allow or disallow costs including costs in respect of the assessment.\n> \n> > (3)  An assessment of costs may proceed in the absence of any party.\n> \n> > (4)  Within 48 hours after making an assessment of costs, the Registrar is to –\n> > \n> > > > (a) issue a certificate of assessment; and\n> > > \n> > > > (b) provide a copy of that certificate to the parties.\n> \n> > (5)  If the disallowed costs represent one-sixth or more of the allowed costs specified in the certificate of assessment –\n> > \n> > > > (a) the successful party is not entitled to any costs in respect of the assessment; and\n> > > \n> > > > (b) costs in respect of the assessment may be awarded to an unsuccessful party.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Review of assessment","content":"### 18 Review of assessment\n\n> > (1)  A party may apply for a review of assessment within 7 days after receiving the certificate of assessment.\n> \n> > (2)  An application is to –\n> > \n> > > > (a) be forwarded to the Tribunal and to the other parties; and\n> > > \n> > > > (b) specify any item in respect of which a review is sought; and\n> > > \n> > > > (c) state detailed reasons for seeking the review of each item.\n> \n> > (3)  On receiving an application, the Tribunal is to –\n> > \n> > > > (a) fix a date, time and place for the review; and\n> > > \n> > > > (b) notify the parties accordingly.\n> \n> > (4)  In determining the application, the Tribunal may allow or disallow –\n> > \n> > > > (a) any item reviewed; and\n> > > \n> > > > (b) costs in respect of the review.\n> \n> > (5)  The Tribunal is to provide written reasons for the allowance or disallowance of any item reviewed.","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Prescribed form of notice of right to make claim for compensation","content":"### 19 Prescribed form of notice of right to make claim for compensation\n\n> For the purposes of [section 33A](/view/html/inforce/2026-04-12/act-1988-004#GS33A@EN) of the Act, the notice set out in [Schedule 1](#JS1@EN) is prescribed.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Industrial deafness","content":"### 20 Industrial deafness\n\n> > (1)  In this regulation –\n> > \n> > > ***BHI*** means binaural hearing impairment.\n> \n> > (2)  For the purpose of [section 73(3)](/view/html/inforce/2026-04-12/act-1988-004#GS73@Gs3@EN) of the Act, the class of persons is the class consisting of persons who are –\n> > \n> > > > (a) medical practitioners with specialised qualifications and experience in otorhinolaryngology; or\n> > > \n> > > > (b) full members, or qualified to be full members, of the Audiological Society of Australia.\n> \n> > (3)  The following table is prescribed for the purpose of [section 73(4)](/view/html/inforce/2026-04-12/act-1988-004#GS73@Gs4@EN) of the Act:\n> > \n> > > **\n> > > \n> > > > Relationship of binaural hearing impairment to impairment of the whole person\n> > > \n> > > **\n> > \n> > |  | % BHI | % Whole person impairment |\n> > | 1. | 5 or less | 0 |\n> > | 2. | More than 5 | 5 + [0.278 (BHI-5)] (rounded to the nearest whole number) |","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Maximum amounts for burial and cremation and counselling of family members","content":"### 21 Maximum amounts for burial and cremation and counselling of family members\n\n> > (1)  For the purpose of [section 75(1)(b)(i)](/view/html/inforce/2026-04-12/act-1988-004#GS75@Gs1@Hpb@Hqi@EN) of the Act, the prescribed amount is $9,500.\n> \n> > (2)  For the purposes of [section 75(1)(b)(ii)](/view/html/inforce/2026-04-12/act-1988-004#GS75@Gs1@Hpb@Hqii@EN) of the Act, the prescribed amount is $4,000.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Prescribed amount for travelling expenses","content":"### 22 Prescribed amount for travelling expenses\n\n> For the purpose of [section 76(1)(b)](/view/html/inforce/2026-04-12/act-1988-004#GS76@Gs1@Hpb@EN) of the Act, the prescribed amount is an amount at the same rate and on the same terms as is prescribed from time to time for the equivalent travelling expenses in clause 3 of Part IV of the Tasmanian State Service Award made under the [Industrial Relations Act 1984](/view/html/inforce/2026-04-12/act-1984-021) by the Tasmanian Industrial Commission constituted under section 5 of that Act.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed service and prescribed persons","content":"### 23 Prescribed service and prescribed persons\n\n> For the purpose of [section 77A(3)](/view/html/inforce/2026-04-12/act-1988-004#GS77A@Gs3@EN) of the Act –\n> \n> > > (a) a prescribed service is the assessment of the degree of a worker's impairment in accordance with [section 72](/view/html/inforce/2026-04-12/act-1988-004#GS72@EN) of the Act; and\n> > \n> > > (b) the class of persons prescribed to provide that service are accredited medical practitioners who are accredited to assess the degree of a worker's impairment.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Proving certain matters","content":"### 24 Proving certain matters\n\n> For the purpose of [section 83](/view/html/inforce/2026-04-12/act-1988-004#GS83@EN) of the Act –\n> \n> > > (a) a worker is to prove continued incapacity by providing a declaration or certificate by a medical practitioner; and\n> > \n> > > (b) the prescribed interval at which a worker is to prove the matters in that section is every 3 months.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Money paid to Public Trustee","content":"### 25 Money paid to Public Trustee\n\n> Money paid to the Public Trustee under [section 91(2)](/view/html/inforce/2026-04-12/act-1988-004#GS91@Gs2@EN) of the Act is to be invested, applied or otherwise dealt with by the Public Trustee in accordance with the provisions of the [Public Trustee Act 1930](/view/html/inforce/2026-04-12/act-1930-061) .","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Information provided to licensed insurer","content":"### 26 Information provided to licensed insurer\n\n> > (1)  The following information is the other information prescribed for the purposes of section 97(6) and (7) of the Act:\n> > \n> > > > (a) the full name and address of the employer;\n> > > \n> > > > (b) the Australian Business Number of the employer;\n> > > \n> > > > (c) the main business carried on by the employer;\n> > > \n> > > > (d) any other business carried on by the employer;\n> > > \n> > > > (e) the number of any full-time workers, part-time workers and casual workers employed by the employer;\n> > > \n> > > > (f) the names of any working directors and their family members covered by the policy of insurance.\n> \n> > (2)  If an employer is engaged in more than one business at one location, the main business is the business for which the largest proportion of wages is paid.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Declaration of provisions of certain laws to be about damages for work-related injuries","content":"### 27 Declaration of provisions of certain laws to be about damages for work-related injuries\n\n> For the purposes of the definition of *a State's legislation about damages for a work-related injury* in [section 138AI](/view/html/inforce/2026-04-12/act-1988-004#GS138AI@EN) of the Act, each of the following laws of a State is declared to be, in relation to the State of which it is a law, the State's legislation about damages for a work-related injury:\n> \n> > > (a) *Workers Compensation Act 1951* of the Australian Capital Territory;\n> > \n> > > (b) *Workers Compensation Act 1987* of New South Wales;\n> > \n> > > (c) *Workplace Injury Management and Workers Compensation Act 1998* of New South Wales;\n> > \n> > > (d) *Return to Work Act 1986* of the Northern Territory;\n> > \n> > > (e) *Workers' Compensation and Rehabilitation Act 2003* of Queensland;\n> > \n> > > (f) *Return to Work Act 2014* of South Australia;\n> > \n> > > (g) *Accident Compensation Act 1985* of Victoria;\n> > \n> > > (h) *Workplace Injury Rehabilitation and Compensation Act 2013* of Victoria;\n> > \n> > > (i) *Workers’ Compensation and Injury Management Act 1981* of Western Australia.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Infringement notice offences and penalties","content":"### 28 Infringement notice offences and penalties\n\n> For the purpose of [section 148A](/view/html/inforce/2026-04-12/act-1988-004#GS148A@EN) of the Act –\n> \n> > > (a) an offence in a provision of the Act specified in column 1 of the table in [Schedule 2](#JS2@EN) is a prescribed offence; and\n> > \n> > > (b) the penalty specified in column 2 of the table in [Schedule 2](#JS2@EN) is prescribed as the penalty for a natural person for the relevant offence specified in column 1 of the table; and\n> > \n> > > (c) the penalty specified in column 3 of the table in [Schedule 2](#JS2@EN) is prescribed as the penalty for a body corporate for the relevant offence specified in column 1 of the table.","sortOrder":32},{"sectionNumber":"SCHEDULE 1 - Form for Purpose ","sectionType":"part","heading":"SCHEDULE 1 - Form for Purpose of Section 33A of Act","content":"# SCHEDULE 1 - Form for Purpose  SCHEDULE 1 - Form for Purpose of Section 33A of Act\n\n[Regulation 19](#GS19@EN)\n\n|  | FORM FOR INFORMATION AS TO RIGHT TO MAKE WORKER'S COMPENSATION CLAIM |\n|  | Form for information under section 33A of the Workers Rehabilitation and Compensation Act 1988 |\n| 1. | On [insert date on which notice of injury was given by worker*] you notified the employer named below (“your employer”) that you had suffered an injury that you believe was caused by your employment with your employer. |\n| 2. | In accordance with section 33A of the Workers Rehabilitation and Compensation Act 1988, I advise, on behalf of your employer, that you have the right under that Act to make a claim for compensation for the injury. |\n| 3. | If you wish to make a claim for compensation, you should do so as soon as practicable. |\n| 4. | Generally, you may only make the claim within 6 months after the date on which the injury occurred. However, if the injury consists of a loss of hearing due to exposure to industrial noise, you may only make the claim while you are still employed by your employer or within 6 months after you stop being employed by your employer. |\n| 5. | A claim for compensation must be made on the approved form. You may ask your employer for a copy of the approved form. |\n| 6. | You must attach to a claim for compensation a worker’s compensation medical certificate that has been issued by a medical practitioner. |\n| 7. | You must tell your employer the name of the medical practitioner who is to have primary responsibility for treating your injury. The practitioner is to provide medical certificates, coordinate your medical treatment for the injury and, if necessary, assist in your rehabilitation and return to work. |\n| 8. | If you wish to talk with your employer about any matter related to this notice, you may speak to [insert name of person nominated by employer*] who may be contacted on [insert contact telephone number*]. |\n| 9. | If you need assistance in relation to the injury or a claim for compensation, you may telephone the WorkSafe Tasmania Helpline on 1300 366 322 or, for callers outside Tasmania, 03 6166 4600. |\n|  | Signed by………………[Signature*] |\n|  | On behalf of the following employer:……………………………..[Name of employer*] |\n|  | Note: Items marked with an asterisk are to be completed by a person authorised by the employer to give this notice to the injured worker. |","sortOrder":33},{"sectionNumber":"SCHEDULE 2 - Infringement Noti","sectionType":"part","heading":"SCHEDULE 2 - Infringement Notice Offences","content":"# SCHEDULE 2 - Infringement Noti SCHEDULE 2 - Infringement Notice Offences\n\n[Regulation 28](#GS28@EN)\n\n|  | Column 1 | Column 2 | Column 3 |\n|  | Section of Act | Natural person(penalty units) | Body corporate(penalty units) |\n| 1. | Section 33A(1) | 2 | 5 |\n| 2. | Section 39(1) | 2 | 5 |\n| 3. | section 77AA(1) | 2 | 5 |\n| 4. | Section 81(2) | 2 | 5 |\n| 5. | Section 81B(2) | 2 | 5 |\n| 6. | Section 86(5) | 2 | 5 |\n| 7. | Section 90B(3) | 2 | 5 |\n| 8. | Section 97(4) | 2 | 5 |\n| 9. | Section 97(6A) | 2 | 5 |\n| 10. | Section 97(8) | 2 | 5 |\n| 11. | Section 114(2) | 2 | 5 |\n| 12. | Section 128(6) | 2 | 5 |\n| 13. | Section 143A(1) | 2 | 5 |\n| 14. | Section 143D(1) | 2 | 5 |\n| 15. | Section 143L(3) | 2 | 5 |\n| 16. | Section 143M(4) | 2 | 5 |\n| 17. | Section 147(7) | 2 | 5 |\n| 18. | Section 151(7) | 2 | 5 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 June 2021\n\nThese regulations are administered in the Department of Justice.","sortOrder":34}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations principally fill in procedural, evidentiary, medical‑assessment and monetary details that the Act left to subordinate instrument. They do not create new categories of entitlement or materially extend the Act’s substantive scope; rather, they specify how existing Act powers and duties operate in practice (forms, time limits, prescribed assessors, prescribed amounts and the list of infringement offences). The regulations therefore implement and operationalise the Act rather than broaden its original statutory purpose."},"complexity_factors":["Approx. 12 specifically defined terms in Regulation 3 (Act, application, deputy registrar, document, inspect, party, proof of evidence, property, referral, Registrar, working director, etc.)","Extensive cross‑references to many sections of the Workers Rehabilitation and Compensation Act 1988 (multiple regs cite different Act sections)","Multiple external cross‑references to other instruments and Acts (Supreme Court Rules 2000, Tasmanian Civil and Administrative Tribunal Act 2020, Public Trustee Act 1930, Tasmanian State Service Award/Industrial Relations Act 1984)","Several fixed timelines and periodic requirements (14 days for discovery/inspection; 7 days for objections or review; 3‑monthly medical proof)","Conditional and multi‑step rules (e.g. Reg 9’s conditions for reception of audiovisual evidence; Reg 13–14 sequence for affidavit, objection, and request for attendance)","Schedules containing tabular material and penalty unit tables (Schedule 1 form; Schedule 2 list of infringement offences and two penalty columns)","A mix of procedural rules, monetary prescriptions and technical conversion tables (BHI to whole person impairment), increasing the types of expertise required to interpret the regulation","Amendment and rescission history noted (Reg 3 amendments, Reg 5 rescinded), requiring users to check historical changes"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They set out procedural rules that apply to disputes under the Workers Rehabilitation and Compensation Act 1988 (the Act). Key procedural matters addressed include timelines and powers to deal with delay (Reg 4), rules for discovery and inspection of documents and property (Regs 6–8), limits on audiovisual and other non-paper evidence (Reg 9), interrogatories and orders against non‑parties (Regs 10–11), and witness attendance and use of affidavits/proofs of evidence (Regs 13–14).\n\n- They prescribe how costs are claimed and assessed after Tribunal decisions (Regs 15–18), including the partly‑indexed fees basis (85% of Supreme Court rates) and time limits for objections and reviews.\n\n- They set out a number of specific, operational prescriptions linked to the Act, including:\n  - the approved form employers must use to notify workers of their right to make a claim (Schedule 1; Reg 19);\n  - how binaural hearing impairment (BHI) is translated into whole person impairment (table in Reg 20) and who counts as an expert for industrial deafness (Reg 20(2));\n  - fixed maximum amounts for burial/cremation and counselling of family members following a death (Reg 21);\n  - that travelling expenses are payable at the same rate and terms as an equivalent clause in the Tasmanian State Service Award (Reg 22);\n  - that accredited medical practitioners are the prescribed class to assess impairment (Reg 23);\n  - that ongoing incapacity is proved by a medical practitioner and at three‑monthly intervals (Reg 24);\n  - that monies paid to the Public Trustee are to be handled under the Public Trustee Act (Reg 25);\n  - the employer information that must be provided to a licensed insurer (Reg 26), including the employer’s ABN, main business, employee counts and names of any working directors and their family members covered by the policy;\n  - a declaration that certain State workers’ compensation laws are the States’ “damages” legislation for Commonwealth purposes (Reg 27);\n  - which Act offences attract infringement notices and the penalty units for individuals and corporations (Schedule 2; Reg 28).\n\n**Who this affects**\n\n- Workers and injured persons: obligations to supply medical certificates and meet proof intervals (Reg 24), information about time limits and claim forms (Schedule 1 / Reg 19), and the conversion table for hearing loss compensation (Reg 20).\n- Employers: duties to give the prescribed notice to workers (Schedule 1), provide specified information to insurers (Reg 26), and potential exposure to infringement notices (Schedule 2).\n- Licensed insurers: receive prescribed employer information (Reg 26) and will operate under the prescribed rates and limits for travel and other entitlements (Regs 21–22).\n- Medical practitioners and accredited assessors: determine impairment and provide certificates and proofs of evidence (Regs 20, 23, 24).\n- The Tribunal and Tribunal users: new/clarified procedural tools for managing delay, disclosure, evidence and costs (Part 2).\n\n**Why it matters (claimed purposes and practical effects)**\n\n- The regulations operationalise the Act by filling in procedural detail the Act leaves to subordinate rules: they aim to speed up dispute handling (powers to fix timetables and hearings; Reg 4), limit surprise or bulky non‑paper evidence (Reg 9), and contain costs (affidavit evidence rules, costs assessment procedure; Regs 13–18).\n\n- They also fix monetary and technical parameters that affect compensation outlays: BHI conversion into whole person impairment affects lump sums and entitlements for hearing loss (Reg 20); prescribed amounts for burial/counselling (Reg 21) and the mechanism for travel allowances (Reg 22) cap or standardise specific payments.\n\n**Trade‑offs, incentives and implementation risks (mechanisms, not judgments)**\n\n- Reducing hearing time and reliance on live witnesses: permitting evidence by affidavit or proof (Regs 13–14) and restricting reception of audio/visual devices unless disclosed (Reg 9) lowers hearing length and costs for parties and the Tribunal, but shifts decision‑weight onto documentary and expert written material and may reduce cross‑examination opportunities (Reg 14 provides a limited right to request attendance). The Tribunal can order costs against parties who cause unnecessary attendance costs (Regs 13(4), 14(3)).\n\n- Discovery/inspection timeframes and limits: 14‑day periods for discovery and inspection responses (Regs 6–7) create predictable deadlines but impose compliance effort on parties; privilege remains preserved (Reg 6(5)).\n\n- Centralising impairment assessments: prescribing accredited medical practitioners for impairment assessments (Reg 23) concentrates decision‑making with specialists, which improves standardisation but can create bottlenecks or raise assessment fees for claimants and insurers.\n\n- Periodic medical proof requirement: requiring workers to prove continued incapacity every three months (Reg 24) reduces the Tribunal’s need to make frequent investigations but imposes an ongoing documentation burden on injured workers and treating practitioners.\n\n- Prescribed monetary caps and indexed links: fixed caps for burial/counselling ($9,500 and $4,000; Reg 21) provide certainty to insurers and employers but may lag real costs unless updated; travel rates are linked to a Tasmanian Award (Reg 22), which delegates rate‑setting to another industrial instrument and can produce automatic increases or mismatches over time.\n\n- Information flows to insurers: listing employer details to be supplied to licensed insurers (Reg 26) improves underwriting and claims handling transparency but requires employers to collect and disclose specific data (including names of working directors covered by the policy) that they must keep up to date.\n\n**Concentrated benefits and costs**\n\n- Benefits are concentrated for administrators and insurers (clear rules, capped liabilities, predictable procedures) and for employers who comply (lower litigation exposure, clearer penalty schedule). Costs and administrative burdens are more diffuse: injured workers face periodic medical certification and possible limits on live evidence; small employers face disclosure and procedural compliance costs.\n\n**Key cross‑references that determine operation**\n\n- Many provisions operate only as the Act permits or requires (for example, discovery exclusions for certain referrals, and the specification of offences eligible for infringement notices). See the relevant regulations and the sections of the Act cited at the head of each regulation (e.g. Regs 6, 13, 19, 28)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the regulations' scope diverged from the original intent of the parent Workers Rehabilitation and Compensation Act. The document only contains administrative metadata."},"complexity_factors":["The document provided is largely metadata and status information rather than substantive regulatory content, limiting meaningful complexity assessment","Workers' compensation frameworks are inherently moderately complex due to interactions between the parent Act and subordinate regulations","Regulations of this type typically involve technical definitions, monetary thresholds, and procedural requirements that require careful reading","No amending instruments were visible in the provided text, so amendment history complexity could not be assessed"],"plain_english_summary":"These Tasmanian regulations detail the practical rules that implement the Workers Rehabilitation and Compensation Act — setting out forms, fees, timeframes and procedures that govern how injured workers are paid, treated and assisted back to work, and how employers and insurers meet their obligations. They affect Tasmanian workers, employers, insurers and medical/rehab providers. Note: the provided file mainly contains metadata and amendment history, not the full substantive regulatory text."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as procedural and administrative machinery for the Workers Rehabilitation and Compensation Act 1988. The content covers standard regulatory matters: practice and procedure, costs assessment, prescribed forms, and specific benefit calculations. There is no evidence of significant scope creep beyond the expected operational details necessary to implement the parent Act."},"complexity_factors":["Moderate cross-referencing to the parent Act (Workers Rehabilitation and Compensation Act 1988) and other legislation (Supreme Court Rules 2000, Public Trustee Act 1930, etc.)","Multiple procedural steps with specific time limits (e.g., 14 days for discovery compliance, 7 days for objections to affidavits, 48 hours for Registrar's certificate)","Conditional logic in several regulations (e.g., Regulation 9 on documentary evidence requires either party agreement OR Tribunal order; Regulation 13 on witness attendance depends on service of affidavits AND lack of objection)","Mathematical formula for industrial deafness calculations (Regulation 20)","Nested definitions in the interpretation section (e.g., 'document' includes copies, audio tapes, computer programs, etc.; 'inspect' includes viewing, listening, reproducing)","Specific exclusion in Regulation 6(6) regarding referrals under section 81A of the Act (except 81A(5))","Dual penalty structure in Schedule 2 distinguishing between natural persons and bodies corporate"],"plain_english_summary":"This is a Tasmanian regulation that sets out the detailed rules for how workers' compensation disputes are handled and how certain benefits are calculated.\n\n**What it does:**\n\n*   **Court-like procedures for disputes:** It establishes practical rules for when injured workers and employers (or insurers) disagree and take their dispute to the Workers Rehabilitation and Compensation Tribunal. This includes:\n    *   **Discovery:** Rules forcing parties to hand over relevant documents to each other.\n    *   **Inspection:** Rules allowing parties to examine physical evidence or documents.\n    *   **Witnesses:** Procedures for using written statements instead of calling witnesses to hearings, and rules for cross-examination.\n    *   **Interrogatories:** Rules allowing one party to force another to answer written questions, but only with the Tribunal's permission.\n    *   **Orders against non-parties:** Powers to force people who aren't directly involved in the dispute (like banks or doctors) to hand over evidence.\n\n*   **Costs:** It sets out how legal costs are calculated and disputed after a case ends. Costs are generally set at 85% of Supreme Court rates, and there's a specific process for objecting to a bill and having it assessed by the Registrar.\n\n*   **Specific benefit amounts:** It prescribes dollar amounts and formulas for specific entitlements:\n    *   **Death benefits:** $9,500 for burial/cremation and $4,000 for family counselling.\n    *   **Industrial deafness:** A mathematical formula to convert hearing loss percentages into 'whole person impairment' percentages for compensation purposes.\n    *   **Travel expenses:** Links travel reimbursement rates to the Tasmanian State Service Award.\n\n*   **Administrative requirements:** It includes a mandatory form that employers must give to injured workers informing them of their right to claim compensation, specifies what information employers must give insurers, and sets infringement notice penalties for various offences under the main Act.\n\n**Who it affects:**\n\n*   Injured workers in Tasmania making compensation claims.\n*   Employers and their insurers.\n*   Medical practitioners who assess impairments.\n*   The Tribunal, its Registrar, and conciliators who manage disputes.\n\n**Why it matters:**\n\nThis regulation is the 'machinery' that makes the Workers Rehabilitation and Compensation Act work in practice. Without it, there would be no clear process for resolving disputes, no set amounts for specific benefits like funeral costs, and no standard form telling workers about their rights. It ensures the system operates fairly and predictably."}},"importantCases":[],"_links":{"self":"/api/acts/workers-rehabilitation-and-compensation-regulations-2021","history":"/api/acts/workers-rehabilitation-and-compensation-regulations-2021/history","analysis":"/api/acts/workers-rehabilitation-and-compensation-regulations-2021/analysis","conflicts":"/api/acts/workers-rehabilitation-and-compensation-regulations-2021/conflicts","importantCases":"/api/acts/workers-rehabilitation-and-compensation-regulations-2021/important-cases","documents":"/api/acts/workers-rehabilitation-and-compensation-regulations-2021/documents"}}