93CWeekly payments after the second entitlement period

93C Weekly payments after the second entitlement period S. 93C(1) substituted by No. 8/2024 s. 27(1). (1) Subject to section 93CD, a worker's entitlement to compensation in the form of weekly payments under this Part ceases upon the expiry of the second entitlement period unless— (a) subject to paragraph (c), the worker is assessed by the Authority or self‑insurer as having no current work capacity and likely to continue indefinitely to have no current work capacity; or (b) the worker is a pre-12 November 1997 claimant who has a serious injury; or S. 93C(1)(c) amended by No. 27/2025 s. 45. (c) in the case of a worker whose second entitlement period expires on or after 31 March 2024, the Authority or self‑insurer determines in accordance with Subdivision 1A of Division 2 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013** that the worker— (i) has no current work capacity and is likely to continue indefinitely to have no current work capacity; and (ii) has a whole person impairment of more than 20 per cent. S. 93C(2) amended by No. 8/2024 s. 27(2). (2) A worker to whom subsection (1)(a), (b) or (c) applies is entitled, subject to and in accordance with this Part and Part VIIB, to compensation in the form of weekly payments— (a) if the worker is a pre-12 November 1997 claimant who has a serious injury, at the rate of— (i) the difference between 90 per cent of the worker's pre-injury average weekly earnings and 90 per cent of the worker's current weekly earnings; or S. 93C(2)(a)(ii) amended by Nos 80/2010 s. 82(r), 67/2013 s. 632(r) (as amended by No. 44/2014 s. 24(29)). (ii) the difference between $1210 and 90 per cent of the worker's current weekly earnings— S. 93C(2)(b) amended by Nos 80/2010 s. 82(r), 67/2013 s. 632(r), substituted by No. 67/2013 s. 630(2). (b) if the worker is a pre-12 November 1997 claimant who does not have a serious injury, at the rate of— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 percent of those current weekly earnings; or (ii) the difference between $1210 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings— S. 93C(2)(c) amended by Nos 80/2010 s. 82(s), 67/2013 s. 632(s), substituted by No. 67/2013 s. 630(2). (c) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 12 November 1997 and before 5 April 2010 at the rate of— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those earnings; or (ii) the difference between $1510 and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings— S. 93C(2)(d) amended by No. 80/2010 s. 50(2)(e), substituted by No. 67/2013 s. 630(2). (d) in the case of a claim for compensation in the form of weekly payments first made in respect of the injury to which the claim relates on or after 5 April 2010 at the rate of— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and, if the worker has current weekly earnings, 80 per cent of those earnings; or (ii) the difference between twice the State average weekly earnings and, if the worker has current weekly earnings, 80 per cent of those current weekly earnings— (3) A review of the assessment of a worker to whom subsection (1)(a) or (b) applies may be conducted by the Authority or self-insurer at any time and must be conducted as often as may reasonably be necessary and in any event at least once every 2 years. S. 93C(4) inserted by No. 8/2024 s. 27(3). (4) In the case of a worker referred to in subsection (1)(c) who is receiving compensation under subsection (2), the Authority or self-insurer— (a) may review the work capacity of the worker at any time; and (b) must review the work capacity of the worker as often as reasonably necessary and not less than once every 2 years. S. 93CA inserted by No. 107/1997 s. 29, amended by Nos 81/1998 s. 23(b), 102/2004 s. 38(1)(i), substituted by No. 9/2010 s. 31. 93CA Compensation for incapacity arising from surgery after second entitlement period (1) Subject to subsection (2), this section applies to a worker who, on or after 5 April 2010— (a) suffers an injury arising out of or in the course of employment; and (b) makes a claim for compensation in respect of that injury under section 103 and received weekly payments in respect of that injury; and S. 93CA(1)(c) amended by Nos 80/2010 ss 50(2)(f), 82(t), 67/2013 s. 632(t). (c) has returned to work for a period of not less than 15 hours per week and is in receipt of current weekly earnings, or current weekly earnings together with a deductible amount, of at least $177 per week; and (d) either, in respect of the injury— (i) is not entitled to compensation in the form of weekly payments because of section 93C; or (ii) is entitled under section 93CD to compensation in the form of weekly payments; and (e) for at least 13 consecutive weeks immediately after the expiry of the second entitlement period, has not received compensation in the form of weekly payments other than weekly payments under section 93CD; and (f) for that injury requires surgery (***the subsequent surgery***) for which the Authority or self-insurer has accepted liability under section 99(1); and (g) suffers incapacity resulting from or materially contributed to by the subsequent surgery; and (h) has not attained retirement age. S. 93CA(2) amended by No. 80/2010 s. 55. (2) This section does not apply to a worker whose entitlement to compensation in the form of weekly payments has ceased (otherwise than under section 93C) or been terminated in accordance with this Act. (3) A worker to whom this section applies may apply, in a form approved by the Authority, to the Authority or self-insurer for compensation in the form of weekly payments in respect of an incapacity resulting from or materially contributed to by the subsequent surgery. (4) Unless the worker to whom this section applies is receiving weekly payments under section 93CD— (a) the worker is not entitled to compensation in the form of weekly payments under this section in respect of the first 13 consecutive weeks after the expiry of the second entitlement period; and (b) an application under subsection (3) must not be made during the period of 13 consecutive weeks immediately after the expiry of the second entitlement period. (5) Compensation in the form of weekly payments under this section is payable at the rate that would have been applicable under section 93B if the second entitlement period had not expired— (a) in respect of the period of incapacity resulting from or materially contributed to by the subsequent surgery; or (b) if the worker has an incapacity resulting from, or materially contributed to, by the subsequent surgery for the period of 13 consecutive weeks commencing on the day on which the subsequent surgery is performed— whichever is the shorter. (6) Within 14 days after receiving an application in accordance with this section, the Authority or self‑insurer must— (b) give the worker written notice of its decision including, in the case of rejection, a statement of the reasons for the decision. S. 93CAB inserted by No. 8/2024 s. 28. 93CAB Review of impairment arising from surgery after second entitlement period (1) A worker may apply, in a form approved by the Authority, to the Authority or self-insurer for compensation in the form of weekly payments in respect of incapacity and whole person impairment if the worker— (a) has an injury arising on or after 5 April 2010 in respect of which— (i) liability has been accepted or established; and (ii) the worker is, or has been, entitled under this Act to compensation in the form of weekly payments during the second entitlement period; and (b) either, in respect of the injury— (i) is not entitled to compensation in the form of weekly payments because of section 93C; or (ii) is entitled under section 93CD to compensation in the form of weekly payments; and (c) for at least 13 consecutive weeks immediately after the expiry of the second entitlement period, has not received compensation in the form of weekly payments other than weekly payments under section 93CD; and (d) requires surgery for that injury (***the subsequent surgery***) for which the Authority or self-insurer has accepted liability under section 99; and (e) suffers incapacity and whole person impairment resulting from or materially contributed to by the subsequent surgery; and (f) has not attained retirement age. (2) A worker who applies under this section is entitled to compensation in the form of weekly payments under section 93C(2)(d) if the Authority or self-insurer determines in accordance with Subdivision 1A of Division 2 of Part 5 of the **Workplace Injury Rehabilitation and Compensation Act 2013** that the worker, as a result of the subsequent surgery— (b) has a whole person impairment of more than 20 per cent. (3) Compensation payable under this section is payable from— (a) if the worker receives compensation under section 93CA as a result of the subsequent surgery, the date that is 13 consecutive weeks after the day on which the subsequent surgery was performed; or (b) in any other case, the date that it is determined that the worker is entitled to compensation. S. 93CB inserted by No. 107/1997 s. 29, amended by Nos 81/1998 s. 23(b), 102/2004 ss 21, 38(1)(i)(o), 41/2006 ss 5(4), 13(2), repealed by No. 9/2010 s. 31. S. 93CC inserted by No. 107/1997 s. 29, amended by Nos 81/1998 s. 23(a)(b), 102/2004 s. 38(1)(i), repealed by No. 9/2010 s. 31. S. 93CD inserted by No. 107/1997 s. 29, amended by Nos 81/1998 s. 23(c), 102/2004 s. 38(1)(o)(p), 41/2006 s. 13(3), substituted by No. 9/2010 s. 34. 93CD Continuation of weekly payments after second entitlement period (1) A worker who has a current work capacity and is, or has been, entitled to compensation in the form of weekly payments under this Division, may make an application at any time, in accordance with this section, to the Authority or self-insurer, in a form approved by the Authority, for a determination that the worker's entitlement to weekly payments does not, or will not, cease by reason only of the expiry of the second entitlement period. (2) An application must be made— (a) if liability to pay the weekly payments lies with the employer (not being a self-insurer or a subsidiary of a self-insurer) or the Authority—to the Authority; (b) if liability to pay the weekly payments lies with a self-insurer—to the self-insurer. (3) If the Authority or self-insurer receives an application under subsection (1), the Authority or self-insurer must, within 28 days after receiving the application— (b) advise the worker in writing of its determination; and (c) if the Authority or self-insurer rejects the application, give the worker a statement of the reasons for its determination. (4) The Authority or self-insurer must not approve an application under subsection (1) unless it is satisfied that— S. 93CD(4)(a) amended by Nos 80/2010 ss 50(2)(g), 82(u), 67/2013 s. 632(u). (a) the worker has returned to work (whether in self-employment or other employment) for a period of not less than 15 hours per week and is in receipt of current weekly earnings, or current weekly earnings together with non-pecuniary benefits within the meaning of section 5AB(1)(d), of at least $177 per week; and S. 93CD(4)(b) amended by No. 8/2024 s. 29(a). (b) because of the injury, the worker is, and is likely to continue indefinitely to be, incapable of undertaking further additional employment or work which would increase the worker's current weekly earnings; and S. 93CD(4)(c) inserted by No. 8/2024 s. 29(b), amended by No. 27/2025 s. 46. (c) in the case of a worker whose second entitlement period expires on or after 31 March 2024, the worker has a whole person impairment of more than 20 per cent. (5) If the Authority or self-insurer approves an application made under subsection (1), the worker's entitlement to compensation in the form of weekly payments commences on the date the Authority or self-insurer received the application and, subject to and in accordance with this Part and Part VIIB, the worker is entitled to weekly payments at the rate of— (a) in the case of a pre-12 November 1997 claimant— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or (a)(ii) amended by Nos 80/2010 s. 82(v), 67/2013 s. 632(v). (ii) the difference between $1210 and 80 per cent of the worker's current weekly earnings— (b) in the case of a worker whose claim was first given, served or lodged on or after 12 November 1997 and before 5 April 2010— (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings and 80 per cent of the worker's current weekly earnings; or (b)(ii) amended by Nos 80/2010 s. 82(w), 67/2013 s. 632(w). (ii) the difference between $1510 and 80 per cent of the worker's current weekly earnings— (c) in the case of a claim first given, served or lodged on or after 5 April 2010— (c)(i) amended by No. 80/2010 s. 50(2)(h). (i) the difference between 80 per cent of the worker's pre-injury average weekly earnings, less the deductible amount and 80 per cent of the worker's current weekly earnings; or (ii) the difference between twice the State average weekly earnings and 80 per cent of the worker's current weekly earnings— (6) A worker continues to be entitled to compensation in the form of weekly payments under subsection (5) until— (a) subject to section 93CDA, the Authority or self-insurer ceases to be satisfied as to the matters referred to in subsection (4); or (b) the worker otherwise ceases to be entitled to compensation in the form of weekly payments. S. 93CDA inserted by No. 9/2010 s. 35. 93CDA Entitlement under section 93CD not affected by certain circumstances (1) A worker who receives weekly payments under section 93CD does not cease to be entitled to weekly payments under that section by reason only that the worker occasionally, but not during more than 4 weeks in the first period of 12 consecutive weeks immediately after the worker first received weekly payments under that section, or in any subsequent consecutive period of 12 weeks— (a) has worked more hours during a week; or (b) has worked fewer hours during a week (even if the number of hours worked is less than 15); or (c) has received higher current weekly earnings; or S. 93CDA (1)(d) amended by No. 67/2013 s. 632(x). (d) has received lower current weekly earnings (even if the earnings are less than $177 per week)— than the hours worked, or the current weekly earnings received, at the time of making the application for payments under section 93CD. (2) A reference in subsection (1) to hours of work does not include hours of leave approved by the employer. S. 93D inserted by No. 64/1989 s. 10, amended by No. 18/1991 s. 12(1)(g), substituted by No. 67/1992 s. 15, amended by Nos 50/1993 s. 92, 50/1994 s. 38(4), 107/1997 s. 30(6), repealed by No. 9/2010 s. 128. S. 93DA inserted by No. 50/1994 s. 39, amended by Nos 7/1996 s. 16(2), 60/1996 s. 12, 107/1997 s. 30(6)(7), 102/2004 s. 22, repealed by No. 9/2010 s. 36. S. 93CE inserted by No. 9/2010 s. 37. 93CE Compensation in the form of superannuation contributions (1) If— (a) there is caused to a worker an injury arising out of, or in the course of employment; and (b) compensation in the form of weekly payments— (i) has been paid or is payable to the worker in respect of that injury for an aggregate period of 52 weeks (whether or not consecutive); and (ii) has not ceased to be paid or payable in respect of that injury; and S. 93CE(1)(c) amended by No. 73/2016 s. 4. (c) the worker has not attained retirement age— the Authority or self-insurer must, subject to the worker nominating a complying fund to the Authority or self-insurer and providing details of his or her tax file number to the trustee of the nominated complying fund within 3 months of receipt of a notice under subsection (4), pay, in accordance with this section, for the benefit of the worker, compensation in the form of superannuation contributions to the nominated complying fund. (2) Subsection (1) does not apply in respect of a worker in relation to any period in respect of which— (a) the worker's employer makes contributions for the benefit of the worker to any scheme or fund for the payment of superannuation, retirement benefits or death benefits (other than under a salary sacrifice agreement or arrangement); and (b) those contributions— (i) exceed the contributions (if any) necessary for the employer to avoid an individual superannuation guarantee shortfall under the Superannuation Act in respect of a worker; and (ii) are made for the purpose of discharging an obligation of the employer to the worker that arises because of the worker's injury under any public sector superannuation scheme, agreement or arrangement or any law of the Commonwealth or a State or Territory relating to superannuation or an industrial award. (3) The amount that the Authority or self-insurer is liable to pay, subject to and in accordance with this section, as compensation in the form of superannuation contributions for the benefit of a worker is the amount equal to the charge percentage of the compensation in the form of weekly payments payable to the worker under this Part after the expiry of the period referred to in subsection (1)(b)(i) other than— (a) compensation under section 93CA, unless the worker is receiving compensation under section 93CD; and (b) compensation under section 93EA. S. 93CE(4) amended by No. 80/2010 s. 56(a). (4) Subject to subsection (1), the Authority or self‑insurer must, within 28 days after becoming aware that it is liable to pay to a worker compensation in the form of superannuation contributions subject to and in accordance with this section, notify the worker in writing— (a) that the Authority or self-insurer is so liable and of the date on which it became so liable; and (b) of the amount of its liability, expressed as the charge percentage of the weekly amount that the worker receives as compensation in the form of weekly payments in respect of the injury; and (c) that the Authority or self-insurer is required to pay the contributions to a complying fund nominated by the worker; and (d) that the worker is required to nominate a complying fund to the Authority or self‑insurer; and (e) that contributions cannot be paid to the nominated complying fund unless the worker, or the worker's employer on behalf of the worker, has provided details of the worker's tax file number to the trustee of the nominated complying fund; and (f) that the worker is entitled to nominate a different complying fund, but not more than once in any period of 12 months; and (g) that, if the worker does not nominate a complying fund, or does not provide sufficient details to enable contributions to be paid to a complying fund, within 3 months after the date on which the notice under this subsection is given to the worker, the Authority or self-insurer is not liable to pay compensation in the form of superannuation contributions in respect of any period before it receives those details. S. 93CE(5) amended by No. 80/2010 s. 56(b). (5) Subject to subsection (1), payment under this section must be made to the worker's nominated complying fund— (a) in the case of the Authority, within— (i) 30 days after it is informed by the worker's employer that compensation in the form of weekly payments has been paid; or (ii) 120 days after compensation in the form of weekly payments has been paid— whichever first occurs; (b) in the case of a self-insurer, at least quarterly. (6) Despite anything to the contrary in section 125A(2), the Authority is liable to pay compensation in the form of superannuation contributions in accordance with this section. (7) Where the liability of the Authority under this section is discharged, the discharge is to be treated as if a liability of the employer is discharged. (8) In this section— ***charge percentage*** means the percentage applicable for the time being under section 19(2) of the Superannuation Act; ***complying fund*** means a complying superannuation fund or scheme within the meaning of section 7 of the Superannuation Act but does not include— (a) a defined benefit superannuation scheme within the meaning of section 6A(1) of that Act; or (b) a scheme that is a defined benefit superannuation scheme because of section 6A(2) of that Act; ***Superannuation Act*** means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth. S. 93E inserted by No. 64/1989 s. 15, amended by s. 31, 102/2004 s. 23, 41/2006 s. 5(5). 93E Injury after retirement If a worker is injured within the period of 130 weeks before attaining retirement age or after attaining retirement age, the worker is entitled to weekly payments under this Part for not more than the first 130 weeks (whether consecutive or not) of incapacity for work. S. 93EA inserted by No. 41/2006 s. 14. 93EA Compensation for incapacity arising after retirement age (1) This section applies to a worker, not being a worker to whom section 93E applies, if the worker— (a) before retirement age— (i) suffered an injury arising out of or in the course of employment; and (ii) made a claim for compensation in respect of that injury under section 103; and (b) received a weekly payment of compensation in respect of that injury within the period of 10 years before the worker attained retirement age; and (c) after retirement age, became incapacitated for work and the incapacity is a consequence of treatment received after retirement age as an inpatient at a hospital for that injury; and (d) is not entitled to weekly payments only because section 93F applies. S. 93EA(2) amended by No. 9/2010 s. 32(b) (as amended by No. 80/2010 s. 159(e)). (2) If this section applies to a worker, the worker may apply in writing to the Authority or self‑insurer for weekly payments in respect of the incapacity payable at the rate specified in section 93B(2)(a) or (b) or 93B(3)(a) or (b). (3) The maximum period of weekly payments payable under this section is 13 weeks. (4) A worker who makes an application in accordance with subsection (2) is entitled to receive weekly payments under this section if— (a) the worker was a worker at the time the incapacity arose; and (b) the incapacity is in respect of the work that the worker was performing immediately before the incapacity arose; and S. 93EA(4)(c) substituted by No. 9/2010 s. 32(c) (as amended by No. 80/2010 s. 159(f)). (c) the worker has not ceased to become entitled to weekly payments due to the application of this Part or Part VIIB or section 119J(1) or (3), 134AB(36) or 135A(18); and (d) the worker has not previously received payment of compensation in respect of the injury under this section. (5) An application under subsection (2) must— (a) specify the reason for the application; and (b) be provided with supporting evidence. (6) Within 28 days of receiving the application, the Authority or self-insurer must— (b) give the worker written notice of its decision, including in the case of rejection, a statement of the reasons for the decision. S. 93F inserted by No. 64/1989 s. 10, amended by No. 41/2006 s. 15(2).