Div 9Rules as to liability

Division 9—Rules as to liability 64—Incidence of liability (1) Subject to this section, the Corporation is liable for the compensation that is payable under this Part on account of the occurrence of a work injury. (2) If a work injury arises from employment by a self‑insured employer, the self‑insured employer is liable to make all payments of compensation to which any person becomes entitled in consequence of the occurrence of that work injury. (3) A self-insured employer is liable to make all outstanding payments of compensation to which a person is entitled in consequence of the occurrence of a work injury arising from employment by the employer that occurred before the employer became a self‑insured employer. (4) In connection with the assumption of liability by a self-insured employer under subsection (3) to make outstanding payments of compensation, the Corporation must determine, in accordance with the code of conduct for self-insured employers published by the Corporation in the Gazette under Part 9, whether— (a) the Corporation is required to make a payment to the self‑insured employer; or (b) the self‑insured employer is required to make a payment to the Corporation, and the amount of any such payment. (5) Subject to this section, if a worker is, as a result of a work injury, totally or partially incapacitated for work and is in employment when the incapacity arises, the worker's employer is liable to pay compensation by way of income maintenance— (a) if the period of incapacity is no more than the excess liability period—for the whole period of incapacity; or (b) if the period of incapacity is more than the excess liability period—for the excess liability period. (6) For the purposes of subsection (5), the excess liability period is the first 2 weeks of the period of incapacity. (7) If separate periods of incapacity commence during the course of the same calendar year (whether attributable to the same injury or not), an employer is not liable to pay compensation under subsection (5) for those periods of incapacity in excess of an amount equal to twice the worker's average weekly earnings. (8) If a worker is, at the commencement of a period of incapacity, in the employment of 2 or more employers, they are liable to pay the compensation referred to in subsection (5) in proportions determined by agreement between them or, in default of agreement, by the Corporation. (9) An employer who is liable to pay compensation to a worker under subsection (5) must make the payment— (a) if the claim for compensation is not disputed—within 14 days after the date of the claim; or (b) if the claim for compensation is disputed—forthwith after the dispute is determined. (10) If an employer (not being a self-insured employer) pays compensation under subsection (5) in respect of an unrepresentative injury, the employer may recover the amount of the payment from the Corporation. (11) If an employer pays compensation under subsection (5) in respect of an injury that did not arise from employment by that employer, that employer may recover the amount of the payment from the Corporation, and the Corporation may, in turn, recover that amount— (a) from the employer from whose employment the injury arose; or (b) if it appears that the worker was not entitled to that compensation—from the worker. (12) If the Corporation pays compensation by way of income maintenance to a worker who was not in employment when the incapacity for work arose, the Corporation may recover any amount that would, if the worker had been in employment, have been payable under subsection (5) by the employer from whose employment the worker's injury arose. (13) The regulations may exempt prescribed classes of employers from the operation of subsection (5) (and in that case the Corporation will undertake any liability of those employers that would otherwise have arisen under that subsection). (14) The Corporation will also undertake any liability of an employer under subsection (5) in respect of a particular injury if the Corporation is satisfied that the employer has complied with the employer's responsibilities under section 30(5) within 5 days after receipt of the relevant claim (and if an employer pays compensation despite the operation of this subsection, the employer may recover the amount of the payment from the Corporation up to the amount of compensation payable to the worker under this Act in respect of the relevant period). (15) No compensation by way of income maintenance is payable to an injured self‑employed worker whose injury arises from self-employment in respect of the first week of incapacity for work. (16) An employer may pay compensation by way of income maintenance after the period that applies under subsection (5) (being compensation that would otherwise be payable by the Corporation) in accordance with any guidelines published by the Corporation for the purposes of this subsection. (17) If an employer makes a payment under subsection (16), the employer may recover the amount of the payment from the Corporation if— (a) the employer applies to the Corporation in the designated manner and form; and (b) the Corporation receives the application within 3 months from the date of the payment to the worker, or within such longer period (if any) as the Corporation may, in its absolute discretion, allow in the particular case. (18) If an employer is liable to make weekly payments of compensation, the Corporation may, at the request of the employer, undertake that liability on the employer's behalf in consideration of the payment by the employer to the Corporation of an amount fixed by the Corporation. (19) If an employer fails to make a payment of compensation that the employer is liable to make under this Act, the Corporation will make that payment on behalf of the employer. (20) If the Corporation makes a payment of compensation under subsection (19), the Corporation is entitled to recover from the employer as a debt— (a) the amount of the payment; and (b) an administration fee fixed in accordance with the regulations, (and the Corporation will take all reasonable steps to recover that debt). (21) Nothing in this section requires an employer (not being a self-insured employer) to undertake a liability under section 40. 65—Augmentation of weekly payment in consequence of delay (1) Subject to subsection (2), if— (a) a weekly payment, or part of a weekly payment, is not paid as and when required to be paid under this Act; or (b) the making of a weekly payment is delayed pending resolution of a dispute under this Act, any amount in arrears will be increased by interest at the prescribed rate. (2) No interest is payable under this section if the delay is attributable to some fault on the part of the worker.