RETURN TO WORK REGULATIONS 1986 (Northern Territory)

These Regulations sit under the Return to Work Act 1986 and set a range of technical rules that convert high‑level Act obligations into concrete, administrable mechanics. Mechanically the instrument does the following:

Defines and narrows who counts as a worker for specific Act provisions, and lists persons who are expressly excluded (reg 3A).
Prescribes monetary amounts and percentages used in calculating entitlements, funeral benefits and household worker caps (regs 4A, 5, 6).
Prescribes occupational diseases, associated qualifying periods for firefighters, and the kinds of employment that trigger presumption of work relatedness (reg 5AB; Schedule 2; regs 5B-5C).
Sets eligibility criteria for catastrophic injuries (Schedule 2A), with objective medical and functional measures (ASIA scale, Westmead PTA scale, FIM instrument, Snellen acuity).
Specifies documentary and procedural requirements for claims, including who can issue medical certificates in isolated locations and how long such certificates operate (reg 12).
Prescribes the form and minimum content of inspectors’ identity cards (reg 5A), mediation record keeping and mediator duties (reg 14A), and the statement an employer must give a worker about the right to sue and mediation (reg 13).
Gives a prescribed text and core conditions for the compulsory insurance policy that employers must hold, including a $2,000,000 minimum independent liability cap and a set of insurer and employer obligations (reg 15; Schedule 3).
Establishes contribution mechanics to the Nominal Insurer’s Fund, including how contributions are calculated and the Nominal Insurer’s discretion to recommend a uniform percentage (regs 17B-17C).

NORTHERN TERRITORY OF AUSTRALIA RETURN TO WORK REGULATIONS 1986 As in force at 1 July 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 3AA Prescribed adjacent areas ............................................................... 2 3A Definition of worker .......................................................................... 2 4 Prescribed member of family ........................................................... 3 4A Worker of household ....................................................................... 3 5 Prescribed amount .......................................................................... 3 5AA Prescribed class of worker and prescribed limitation....................... 3 5AB Prescribed diseases ........................................................................ 3 5A Inspectors' identity cards ................................................................. 3 5B Prescribed diseases and qualifying periods: firefighters.................. 4 5C Prescribed number of fires and prescribed firefighting period ......... 5 6 Prescribed amount of funeral benefit .............................................. 5 6AA Expert financial advice..................................................................... 5 6A Entitlement to compensation of worker residing outside Australia .......................................................................................... 6 8 Compensation for certain volunteers ............................................... 6 11 Declarations..................................................................................... 6 11A Catastrophic injury ........................................................................... 6 12 Medical certificate of capacity accompanying claim ........................ 6 13 Statement of right to commence proceedings before court ............. 7 14 Late payment of weekly payments .................................................. 7 14A Procedure for mediation .................................................................. 7 15 Prescribed indemnity ....................................................................... 8 15A Prescribed provisions for policy of indemnity or insurance .............. 8 16 Employer's wages declarations ....................................................... 8 17 Election to pay premium by instalment ............................................ 8 17A Late payment of premiums .............................................................. 8 17B Contributions to Nominal Insurer's Fund ......................................... 8 17C Amount of contributions ................................................................... 9 18 Service on Nominal Insurer ........................................................... 10 19 Infringement notice offence and prescribed amount payable ........ 10 20 When infringement notice may be given ....................................... 10 21 Contents of infringement notice ..................................................... 10 22 Payment by cheque ....................................................................... 11 23 Withdrawal of infringement notice ................................................. 11 24 Application of regulations 19 to 23 ................................................ 12

Return to Work Regulations 1986 ii Schedule 1 Adjacent areas Schedule 2 Prescribed diseases and kinds of employment Schedule 2A Catastrophic injury Schedule 3 Prescribed provisions for compulsory insurance Schedule 4 Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2024

RETURN TO WORK REGULATIONS 1986 Regulations under the Return to Work Act 1986 1 Citation These Regulations may be cited as the Return to Work Regulations 1986. 2 Commencement These Regulations shall come into operation on 1 January 1987. 3 Definitions In these Regulations: correctional officer, see section 4 of the Correctional Services Act 2014. first responder, for Schedule 2, means a person with specialised training (such as a paramedic, police officer, firefighter, correctional officer or other emergency personnel), who attends the site of an incident and provides assistance in situations: (a) involving actual or potential injury to persons or damage to property; and (b) which may also include risk to the first responder; and (c) where time may be of the essence to save lives or property. infringement notice, see regulation 20. infringement notice offence, see regulation 19(1). prescribed amount, for an infringement notice offence, see regulation 19(2).

Return to Work Regulations 1986 2 3AA Prescribed adjacent areas For the definition jurisdiction in section 3(1) of the Act, the prescribed adjacent areas of States and Territories are those set out in Schedule 1. 3A Definition of worker (1) For section 3B(17)(a) of the Act: (a) a member of the operations branch of St. John Ambulance Australia (N.T.) Inc.; and (aa) a person complying with a summons served on the person in pursuance of the Juries Act 1962 or while serving as a juror under that Act; and (b) an individual who is authorised by a club registered under the Racing and Wagering Act 2024; and (c) a natural person who is engaged to drive a taxi, private hire car, limousine or motor omnibus, within the meaning of the Commercial Passenger (Road) Transport Act 1991, by a person who, or by a director of a body corporate that: (i) is accredited within the meaning of that Act or is exempted under section 15 of that Act; and (ii) is approved by the Authority for this regulation, while the person is so engaged, are persons prescribed as workers for the Act. (2) For section 3B(17)(b) of the Act: (a) a member of the crew of a fishing vessel who is remunerated wholly or mainly by a share in the profits or gross earnings from the working of the vessel; and (b) a person operating as a direct selling agent under an agency agreement approved by the Authority for this regulation; and (c) a person who is a carer under the Care and Protection of Children Act 2007; and (d) a person, other than a person referred to in paragraph (c), caring for reward or gain, whether monetary or otherwise, in the person's place of residence of another person's child; are prescribed persons who are not workers for the Act.

Return to Work Regulations 1986 3 4 Prescribed member of family For section 3B(3) and (4) of the Act, a spouse, a parent (including a stepmother or stepfather) or grandparent, a child (including a stepchild) or grandchild, a brother or sister (including a half brother or half sister) are prescribed members of the immediate family of an employer. 4A Worker of household For section 3B(11) of the Act, the prescribed amount is 20% of the annual equivalent of average weekly earnings. 5 Prescribed amount For section 3B(15) of the Act, the prescribed amount is 65% of the annual equivalent of average weekly earnings. 5AA Prescribed class of worker and prescribed limitation For section 4(3) of the Act, police officers are prescribed to be a class of worker, subject to the limitation that the injury occurs, in each case, while the worker is travelling by the shortest convenient route between the worker's place of residence and the worker's workplace. 5AB Prescribed diseases For section 4(6)(a) of the Act, the diseases and kinds of diseases, and the kinds of employment related to those diseases, are those prescribed and specified in Schedule 2. 5A Inspectors' identity cards For section 7B(1) of the Act, an identity card given to an inspector must include the following: (a) a recent photograph of the inspector of the size, and in the form, specified by the Authority; (b) the inspector's signature; (c) the date (if any) on which the inspector's appointment ends; (d) any conditions to which the inspector's appointment is subject.

Return to Work Regulations 1986 4 5B Prescribed diseases and qualifying periods: firefighters For section 50A of the Act, the following diseases and qualifying periods are prescribed as specified in the following table: Item Disease Qualifying period 1 Primary leukaemia 5 years 2 Primary site brain cancer 5 years 3 Primary site breast cancer 10 years 4 Primary site cervical cancer 10 years 5 Primary site ovarian cancer 10 years 6 Primary site pancreatic cancer 10 years 7 Primary site testicular cancer 10 years 8 Primary site thyroid cancer 10 years 9 Primary site uterine cancer 10 years 10 Asbestos related diseases 15 years 11 Malignant Mesothelioma 15 years 12 Multiple myeloma 15 years 13 Primary non-Hodgkin's lymphoma 15 years 14 Primary site bladder cancer 15 years 15 Primary site colorectal cancer 15 years 16 Primary site kidney cancer 15 years 17 Primary site liver cancer 15 years 18 Primary site lung cancer 15 years 19 Primary site penile cancer 15 years 20 Primary site prostate cancer 15 years 21 Primary site skin cancer 15 years 22 Primary site ureter cancer 15 years

Return to Work Regulations 1986 5 Item Disease Qualifying period 23 Primary site oesophageal cancer 25 years 5C Prescribed number of fires and prescribed firefighting period For paragraph (a)(ii) of the definition working as an active firefighter in section 50A(3) of the Act: (a) the prescribed number of fires is 150; and (b) the prescribed firefighting period is: (i) 5 years, if the prescribed disease is primary site brain cancer or primary leukaemia; or (ii) 10 years for any other prescribed disease. 6 Prescribed amount of funeral benefit For section 62(1)(a)(ii) of the Act, the prescribed amount is 20% of the annual equivalent of average weekly earnings. 6AA Expert financial advice (1) For the definition expert financial advice in section 3(1) of the Act, expert financial advice means a financial service for which a person is required to hold an Australian financial services licence, whether or not as an authorised representative or representative of a person who carries on a financial services business. (2) In this regulation: Australian financial services licence, see Chapter 7 of the Corporations Act 2001. authorised representative, see Chapter 7 of the Corporations Act 2001. financial service, see Chapter 7 of the Corporations Act 2001. financial services business, see Chapter 7 of the Corporations Act 2001.

Return to Work Regulations 1986 6 6A Entitlement to compensation of worker residing outside Australia For section 65B(2)(a) of the Act, the worker must give the employer, at intervals of not less than 3 months, a declaration, in the approved form, made by each of the following: (a) the worker; (b) a medical practitioner or, if the worker is living in another country, a person registered under the law of the country that provides for the registration of persons practising the medical profession. 8 Compensation for certain volunteers For section 66 of the Act, compensation is calculated as the remuneration for the person's normal weekly number of hours of work for all employment of the person at the time of the injury calculated at his or her ordinary time rate of pay or 50% of average weekly earnings, whichever is the greater amount. 11 Declarations Declarations required or permitted to be made by or under the Act may be witnessed by a person who is authorised under the Oaths, Affidavits and Declarations Act 2010 to witness a statutory declaration. 11A Catastrophic injury For section 78A(6) of the Act, an injury mentioned in Schedule 2A is prescribed as a catastrophic injury. 12 Medical certificate of capacity accompanying claim (1) For section 82(1)(b) of the Act, the following persons are prescribed for issuing a medical certificate of capacity for a worker if, because of the worker's isolation, a medical practitioner is unable to issue such a certificate: (a) persons registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as students); (b) persons registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as students).

Return to Work Regulations 1986 7 (2) For section 82(6) of the Act, a medical certificate of capacity referred to in section 82(1)(b) of the Act has effect for the following period: (a) if it is from a medical practitioner – 14 days; (b) if it is from a prescribed person who has consulted about the matter with a medical practitioner by radio, telephone or other means – 14 days; (c) if it is from a prescribed person who has not consulted about the matter with a medical practitioner – 3 days. 13 Statement of right to commence proceedings before court If the employer gives the worker a statement referred to in section 69(1)(b) or 85(8) of the Act, the employer must also give the worker: (a) a copy of the statement; and (b) a copy of the approved information bulletin relating to the mediation process. 14 Late payment of weekly payments For section 89 of the Act, the prescribed rate of interest is the rate applicable to a judgment debt under a judgment of the Supreme Court. 14A Procedure for mediation (1) A mediator must keep a record of the mediation of a dispute that includes: (a) a description of the nature of the dispute; and (b) the parties to the mediation; and (c) the outcome of the mediation. (2) If a mediator convenes a conference under section 103C(3)(b) of the Act, the mediator: (a) must set the date on which, and the time and place at which, the conference is to take place; and (b) must preside at the conference; and (c) may adjourn or terminate the conference at any time.

Return to Work Regulations 1986 8 15 Prescribed indemnity For paragraph (c) of the definition adequate policy of insurance or indemnity in section 126 of the Act, $2,000,000 is the prescribed amount. 15A Prescribed provisions for policy of indemnity or insurance For section 126AB(3)(b)(i) of the Act, the prescribed provisions are those set out in Schedule 3. 16 Employer's wages declarations For section 130(4)(b) of the Act, a statement must be verified, if an employer is: (a) a natural person – by the natural person; or (b) a partnership – by one of the partners; or (c) a body corporate (other than an incorporated association referred to in paragraph (c)) – by a director or secretary of the body corporate or its principal officer in the Territory; or (d) an incorporated association, within the meaning of the Associations Act 2003 – by the public officer; making a statutory declaration to the effect that the estimate of wages and other prescribed information is true and correct. 17 Election to pay premium by instalment For section 131 of the Act, where an employer and insurer do not agree on the manner of election to pay premiums by instalments, the employer may elect by serving a notice in writing on the insurer not later than 21 days before the first instalment is payable under that section. 17A Late payment of premiums For section 131(3) of the Act, the prescribed rate of interest is the rate applicable to a judgment debt under a judgment of the Supreme Court. 17B Contributions to Nominal Insurer's Fund (1) The Nominal Insurer may recommend a total amount to be contributed to the Nominal Insurer's Fund under section 164A of the Act by approved insurers and self-insurers during the financial year.

Return to Work Regulations 1986 9 (2) In determining the total amount mentioned in subregulation (1), the Nominal Insurer is to have regard to the amount standing to the credit of the Fund at the beginning of that year including: (a) amounts set aside in earlier years as provision to meet expenditure in later years; and (b) the amount estimated to be received into the Fund during the year other than from approved insurers and self-insurers under section 164A of the Act. 17C Amount of contributions (1) For section 164A of the Act, the contribution amount for each approved insurer and self-insurer is equal to a percentage determined by the Nominal Insurer in accordance with subregulation (2), as approved by the Minister under section 164(1)(e) of the Act, of: (a) for an approved insurer – the premium income (whether received by or owing to the insurer) of the approved insurer in respect of policies of insurance or indemnity effected with the approved insurer by employers in the preceding financial year in compliance with section 126AA(1) of the Act; and (b) for a self-insurer – the premium that would have been payable by the self-insurer if the self-insurer had obtained, in respect of that year, or the part of that year during which the self- insurer was a self-insurer, an adequate policy of insurance or indemnity. (2) The percentage determined by the Nominal Insurer for subregulation (1) is to be: (a) sufficient, in the opinion of the Nominal Insurer, to provide the total amount to be contributed to the Fund by approved insurers and self-insurers during the financial year as determined in accordance with section 164(1)(d) of the Act; and (b) uniform for all approved insurers and self-insurers.

Return to Work Regulations 1986 10 18 Service on Nominal Insurer Anything required or permitted by the Act to be served on the Nominal Insurer may be served: (a) by clearly marking it for the attention of the Nominal Insurer and leaving it, during normal business hours, at the Darwin office of the Authority with a person who has apparently attained the age of 16 years and is employed at that office; or (b) by properly addressing and posting it by prepaid post to the Nominal Insurer, G.P.O. Box 2056, Darwin, N.T. 0800. 19 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 4. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 4. 20 When infringement notice may be given If an inspector reasonably believes a person has committed an infringement notice offence, the inspector may give a notice (an infringement notice) to the person. 21 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable.

Return to Work Regulations 1986 11 (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 22 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 23 Withdrawal of infringement notice (1) The Authority may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and

Return to Work Regulations 1986 12 (b) before payment of the prescribed amount. 24 Application of regulations 19 to 23 (1) Regulations 19 to 23 do not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, those regulations do not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Schedule 1 Adjacent areas Return to Work Regulations 1986 13 Schedule 1 Adjacent areas regulation 3AA 1 Definitions In this Schedule: continental shelf, see the Seas and Submerged Lands Act 1973 (Cth). territorial sea, see the Seas and Submerged Lands Act 1973 (Cth). 2 Adjacent areas (1) The adjacent area for New South Wales, Victoria, South Australia or Tasmania is so much of the scheduled area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to that State as is within the outer limits of the continental shelf and includes the space above and below that area. (2) The adjacent area for Queensland is: (a) so much of the scheduled area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to Queensland as is within the outer limits of the continental shelf; and (b) the Coral Sea area (within the meaning of section 7(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)) other than the territorial sea within the Coral Sea area; and (c) the areas within the outer limits of the territorial sea adjacent to certain islands of Queensland as determined by proclamation on 9 February 1983 under section 7 of the Seas and Submerged Lands Act 1973 (Cth); and (d) the space above and below the areas described in paragraphs (a), (b) and (c). (3) The adjacent area for Western Australia is: (a) so much of the scheduled area for Western Australia described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) as is within the outer limits of the continental shelf; and

Schedule 1 Adjacent areas Return to Work Regulations 1986 14 (b) the space above and below the area described in paragraph (a). (4) The adjacent area for the Northern Territory is: (a) so much of the scheduled area for the Northern Territory described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) as is within the outer limits of the continental shelf; and (b) the offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of section 8(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)) other than the territorial sea within that area; and (c) the space above and below the areas described in paragraphs (a) and (b). (5) However, the adjacent area for a State or Territory does not include any area inside the limits of any State or Territory.

Schedule 2 Prescribed diseases and kinds of employment Return to Work Regulations 1986 15 Schedule 2 Prescribed diseases and kinds of employment regulation 5AB Diseases and kinds of Diseases Kinds of Employment INFECTIOUS DISEASE

Anthrax All work involving animals or animal carcasses (such as animal handler, pelt handler, abattoir worker, meat inspector).
Brucellosis All work involving animals or animal carcasses (such as veterinarian, farmer or farm worker, abattoir worker, laboratory worker).
Hepatitis A All work involving contact with human waste (such as child care workers, carers of intellectually disabled persons, workers in rural or remote indigenous communities, sewage workers, plumbers).
Hepatitis B and C All work involving contact with human bodily secretions (such as health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces, emergency services worker).
HIV/AIDS Health care workers and laboratory workers who become HIV positive after a needle stick injury.
Leptospirosis All work involving animals or animal carcasses (such as farmer or farm worker, abattoir worker, forestry worker, hunter, veterinarian, livestock transport operator) or work with animal or human waste (such as plumber).
Orf All work involving sheep or sheep carcasses (such as sheep farmer or farm worker, goat farmer or farm worker, abattoir worker, meat inspector).

Schedule 2 Prescribed diseases and kinds of employment Return to Work Regulations 1986 16 8. Q-fever All work involving contact with animals or animal parts in a rural setting (such as abattoir workers, stock workers, stock transporters, shearers, hide processors, farmers, veterinarians). 9. Tuberculosis All work involving contact with persons or animals in situations where tuberculosis prevalence is likely to be significantly higher than the general community (such as health worker, clinical laboratory worker, funeral parlour staff, farmer, veterinarian), or person with silicosis. MENTAL HEALTH DISEASE 9A. Post-traumatic stress disorder All work as a first responder, including as a volunteer, but not including a person trained as a first responder who has not attended in person at an emergency situation or incident. MALIGNANCY 10. Salivary gland All work involving ionizing radiation. 11. Nasopharynx All work involving formaldehyde, wood dust. 12. Oesophagus All work involving ionizing radiation. 13. Stomach All work involving ionizing radiation. 14. Colon and rectum All work involving ionizing radiation. 15. Liver All work involving vinyl chloride monomer, Hepatitis B virus or Hepatitis C virus exposure related to occupation. 16. Nasal cavity and para-nasal sinuses All work involving ionizing radiation, leather dust, nickel, wood dust. 17. Larynx All work involving strong inorganic acid mist, asbestos. 18. Lung All work involving arsenic, asbestos, beryllium, bis(chloromethyl)ether, cadmium, chromium VI, diesel engine exhaust, environmental tobacco smoke,

Schedule 2 Prescribed diseases and kinds of employment Return to Work Regulations 1986 17 ionizing radiation, nickel, polycyclic aromatic hydrocarbons, Radon-222 and its decay products, silica dust (crystalline), soot (chimney sweeping). 19. Bone All work involving ionizing radiation. 20. Skin (melanoma) All work involving solar radiation, polychlorinated biphenyls. 21. Skin (non-melanoma) All work involving ionizing radiation, polycyclic aromatic hydrocarbons, solar radiation. 22. Mesothelioma All work involving asbestos. 23. Breast (female) All work involving ionizing radiation. 24. Ovary All work involving asbestos. 25. Kidney All work involving ionizing radiation, tricholoroethylene. 26. Bladder All work involving 2-naphthylamine, benzidine, cyclophosphamide, ionizing radiation, ortho-toluidine, polycyclic aromatic hydrocarbons associated with aluminium production. 27. Brain All work involving ionizing radiation. 28. Thyroid All work involving ionizing radiation. 29. Leukaemia (excluding chronic lymphatic leukaemia) All work involving benzene, butadiene, cyclophosphamide, formaldehyde, hepatitis C virus exposure related to occupation, ionizing radiation. 30. Non-Hodgkin's Lymphoma All work involving ionizing radiation. DISEASES OF THE NERVOUS SYSTEM 31. Parkinson's disease All work involving manganese. 32. Peripheral neuropathy All work involving metals (such as lead, mercury and arsenic), organic solvents (such as n-hexane, carbon disulphide and trichloroethylene), pesticides (such as organophosphates), acrylamide.

Schedule 2 Prescribed diseases and kinds of employment Return to Work Regulations 1986 18 33. Noise induced hearing loss All work involving exposure to persistent or intermittent noise above 85dB(A). RESPIRATORY DISEASES 34. Occupational asthma (excluding pre-existing asthma worsened due to exposure to workplace irritants) All work involving sensitising agents or irritants. 35. Coal workers' pneumoconiosis All work involving coal. 36. Asbestosis All work involving asbestos. 37. Silicosis All work involving silica. 38. Other pneumoconiosis All work involving exposures known to occasionally cause pneumoconiosis such as beryllium, tin, iron oxide, barium, aluminium, cobalt, tungsten. 39. Byssinosis All work involving cotton, flax, hemp, sisal dust. 40. Extrinsic allergic alveolitis All work involving damp material of biological origin, such as mouldy hay, straw, grain and feathers. HEPATIC DISEASES 41. Non-infectious hepatitis All work involving agents known to cause hepatitis (particularly organic solvents). 42. Chronic active hepatitis All work involving contact with human bodily secretions (such as health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces, emergency services worker) – for a person with known Hepatitis B Virus (HBV) or Hepatitis C Virus (HCV), where the HBV or HCV was contracted through employment in such work.

Schedule 2 Prescribed diseases and kinds of employment Return to Work Regulations 1986 19 43. Hepatic cirrhosis All work involving contact with human bodily secretions (such as health care worker, embalmer, person who handles body substances, clinical laboratory staff, worker in long-term correctional facilities, police, member of the armed forces, emergency services worker) – for a person with known HBV or HCV, where the HBV or HCV was contracted through employment in such work. SKIN DISEASES 44. Contact dermatitis (irritant and allergic) All work involving sensitising agents or irritants. 45. Occupational vitiligo All work involving para-tertiary- butylphenol, para-tertiary-butylcatechol, para-amylphenol, hydroquinone, or the monobenzyl or monobutyl ether of hydroquinone. MUSCULOSKELETAL DISEASES 46. Raynaud's disease All work involving vibration from powered tools and equipment. 47. Bursitis (at the elbow or knee) All work involving prolonged external friction or pressure or repetitive motion at or about the elbow or the knee. ACUTE POISONING/TOXICITY 48. Acute poisoning / toxicity (includes acute damage to the heart, lungs, liver, kidney, nervous system and blood) All work involving acrylonitrile, alcohols, antimony, arsenic, benzene, beryllium, cadmium, carbon disulphide, chromium, copper, fluorine, glycols, hexane, ketones, lead, manganese, mercury, mineral acids, nitroglycerine or other nitric acid esters, osmium, oxides of nitrogen, ozone, pesticides consisting of organophosphate and organochlorine compounds, herbicides and related compounds, pharmaceutical agents, phosgene, phosphorus, selenium, styrene, thallium, tin, toluene, vanadium, zinc, chemical asphyxiants (such as carbon monoxide, hydrogen cyanide, hydrogen sulphide, methylene chloride),

Schedule 2 Prescribed diseases and kinds of employment Return to Work Regulations 1986 20 benzoquinone and other corneal irritants, toxic halogen derivatives of aliphatic or aromatic hydrocarbons, toxic nitro- and amino-derivatives of benzene, and other less common, specific substances known to result in poisoning/toxicity that have not been named here.

Schedule 2A Catastrophic injury Return to Work Regulations 1986 21 Schedule 2A Catastrophic injury regulation 11A Division 1 Preliminary 1 Definition In this Schedule: FIM(TM) instrument means the Guide for the Uniform Data Set for Medical Rehabilitation, 1996. Division 2 Prescribed injuries 2 Spinal cord injury (1) The eligibility criteria for a permanent spinal cord injury resulting in a permanent neurological deficit suffered by a person are: (a) the permanent neurological deficit is classified as grade A, B, C or D on the ASIA impairment scale, as assessed under the ISNCSCI; and (b) the injury has resulted in a residual significant impact on the function of the autonomic nervous system, evidenced by a score of 0 for an item relating to bladder, bowel or sexual function, as assessed under the ISAFSCI. (2) In this clause: ASIA impairment scale means the scale, known as the American Spinal Injury Association Impairment Scale, used for measuring impairment resulting from a spinal cord injury and published by the American Spinal Injury Association. ISAFSCI means the document called "International standards to document remaining autonomic function after spinal cord injury", published by the American Spinal Injury Association. ISNCSCI means the document called "International Standards for Neurological Classification of Spinal Cord Injury", published by the American Spinal Injury Association.

Schedule 2A Catastrophic injury Return to Work Regulations 1986 22 3 Traumatic brain injury (1) The eligibility criteria for a traumatic brain injury resulting in a permanent impairment suffered by a person are: (a) any or all of the following apply: (i) the injury results in post-traumatic amnesia lasting 7 days or more as evidenced by an assessment using an approved scale; (ii) the person is or was in a coma, other than an induced coma, as determined in accordance with the Glasgow coma scale, for 1 hour or more as a result of the injury; (iii) brain imaging shows a significant brain abnormality as a result of the injury; and (b) the person's functional ability as a result of the injury is assessed as 5 or less for a motor or cognitive item using the FIM(TM) instrument. (2) In this clause: approved scale, for assessing post-traumatic amnesia, means: (a) the clinical tool, known as the Westmead Post-traumatic Amnesia Scale, used to assess the period a person suffers post-traumatic amnesia; or (b) a clinically accepted scale similar to the Westmead Post- Traumatic Amnesia Scale approved by the Agency for this definition. Glasgow coma scale means the scale, known as the Glasgow coma scale, used for assessing the level of consciousness of a person following a traumatic brain injury, using eye, verbal and motor responses. 4 Amputation of a leg through or above the femur (1) The eligibility criterion for the amputation of a leg through or above the femur is that the amputation involves the loss of 65% or more of the length of the femur.

Schedule 2A Catastrophic injury Return to Work Regulations 1986 23 (2) For subclause (1), the percentage of the length of the femur lost must be worked out by: (a) comparing the length of the femur before and after the amputation using X-rays taken before and after the amputation; or (b) if X-rays of the femur are not available – comparing the length of the femur of the amputated leg with the length of the contralateral femur. (3) To avoid doubt, the eligibility criterion in subclause (1) may be satisfied even if the person suffers from a personal injury that is the amputation of more than one limb or parts of different limbs. 5 Amputation of more than one limb or parts of different limbs (1) The eligibility criteria for the amputation of more than one limb or parts of different limbs are: (a) the amputations involve the loss of 50% or more of the length of each of the person's tibias; or (b) both of the person's upper limbs are amputated at or above the first metacarpophalangeal joint of the thumb and index finger of each hand; or (c) the amputations involve: (i) the loss of 50% or more of the length of one of the person's tibias; and (ii) one of the person's upper limbs being amputated at or above the first metacarpophalangeal joint of the thumb and index finger of the same hand. (2) For subclause (1), the percentage of the length of the tibia lost must be worked out by: (a) comparing the length of the tibia before and after the amputation using X-rays taken before and after the amputation; or (b) if X-rays of the tibia are not available – comparing the length of the tibia of the amputated leg with the length of the contralateral tibia; or (c) if the length of the contralateral tibia cannot be determined – using the estimated knee height based on overall height before the amputation.

Schedule 2A Catastrophic injury Return to Work Regulations 1986 24 6 Full thickness burn to all or part of the body The eligibility criteria for a full thickness burn to all or part of the body are: (a) the full thickness burn is to: (i) more than 40% of the total body surface area; or (ii) both hands; or (iii) the face; or (iv) the genital area; and (b) the person's functional ability as a result of the injury is assessed as 5 or less for a motor or cognitive item using the FIM(TM) instrument. 7 Inhalation burn resulting in permanent respiratory impairment The eligibility criterion for an inhalation burn resulting in a permanent respiratory impairment is if the injured person's functional ability as a result of the injury is assessed as 5 or less for a motor or cognitive item using the FIM(TM) instrument. 8 Permanent blindness caused by trauma (1) The eligibility criterion for permanent blindness caused by trauma is that the injured person has a visual defect, or a combination of visual defects, that result in visual loss that is, or is equivalent to: (a) visual acuity of less than 6/60 in both eyes, assessed using the Snellen scale after correction by suitable lenses; or (b) the constriction of the person's field of vision to 10 degrees or less of the arc around central fixation in the person's better eye, regardless of corrected visual acuity (equivalent to 1/100 white test object). (2) In this clause: Snellen scale means the scale for measuring visual acuity using rows of letters printed in decreasing sizes.

Schedule 3 Prescribed provisions for compulsory insurance Return to Work Regulations 1986 25 Schedule 3 Prescribed provisions for compulsory insurance regulation 15A The Return to Work Act 1986 (the Act) requires that every employer obtain a Policy of Insurance or Indemnity from an insurer approved by the Work Health Authority (the Authority). The cover must be for the full amount of the employer's liability under the Act and not less than $2 000 000 in respect of the employer's liability independently of the Act for an injury to one of the employer's workers. The ……………………………….. (the Insurer) is an insurer approved by the Authority. The Insured (the Employer) described in the Schedule to this Policy is carrying on business in the Northern Territory. The Employer has made a written proposal and declaration to the Insurer. That proposal and declaration contain the particulars and statements which the Employer and Insurer agree are the basis of this Policy and form part of this Policy. This Policy covers only the business or occupation described in the Schedule unless details of another business or occupation have been supplied to the Insurer and the Insurer has confirmed its acceptance of the extension of the Policy by endorsing the Schedule accordingly. The premium that the Employer must pay the Insurer and the policy period are set out in the Schedule. The premium is subject to adjustment as set out in the Conditions below. If the Employer is liable during the policy period to pay compensation to or in respect of one of the Employer's workers (or a person who is deemed by the Act to be one of the Employer's workers) for an injury to the worker in his or her employ, the Insurer will indemnify the Employer for: (a) the full amount of the Employer's liability under the Act; and (b) the full amount of the Employer's liability independently of the Act up to $2 000 000; and (c) any costs and expenses incurred with the Insurer's written consent in connection with the defence of legal proceedings in which that liability is alleged.

Schedule 3 Prescribed provisions for compulsory insurance Return to Work Regulations 1986 26 The Employer's right to indemnity is subject to: (a) the provisions of the Act and its subordinate Rules and Regulations, all of which are deemed to form part of the Policy; and (b) the fulfilment by the Employer of the Conditions set out below. Conditions 1 Notices Every notice or communication to be given or made under this Policy must be delivered in writing at the office of the Insurer from which the Policy was issued. 2 Claims The Employer must give notice to the Insurer of any injury to which the policy relates as soon as the Employer (or the Employer's representative) receives information about the happening of an injury or about any incapacity arising from an injury. The Employer must also immediately send to the Insurer every written notice of claim, conferences or proceedings and all information about any verbal notice of claim, conferences or proceedings. 3 Employer not to make admissions The Employer must not, without the written authority of the Insurer, incur any litigation expense, or make any payment, settlement or admission of liability, in respect of an injury to or claim made by a worker. 4 Defence of proceedings The Insurer is entitled to use the name of the Employer in respect of anything indemnified under this Policy, including the bringing, defending, enforcing or settling of legal proceedings for the benefit of the Insurer. The Employer must give all information and assistance, and forward all documents, to enable the Insurer to settle or resist a claim as the Insurer thinks fit. 5 Subrogation The Insurer is entitled to use the name of the Employer in proceedings to enforce, for the benefit of the Insurer, an order for costs or other remedy. The Insurer is entitled to be subrogated to all rights that the Employer may have against any

Schedule 3 Prescribed provisions for compulsory insurance Return to Work Regulations 1986 27 persons who may be responsible in relation to a claim for an injury covered by the Policy. The Employer must execute all necessary documents for the purpose of vesting such rights in the Insurer. 6 Precautions The Employer must take all reasonable precautions to prevent injuries. 7 Injury If a worker is injured in connection with ways, works, machinery or plant, then so far as practicable, no alteration or repair may be made without the consent of the Insurer until the Insurer has had an opportunity of examining them. 8 Inspection The Insurer has the right and opportunity at all reasonable times to inspect the works, machinery, plant and appliances used in the Employer's business. 9 Premium Premiums will be regulated by the amount of wages, salaries and all other forms of remuneration paid or allowed to workers during each policy period. 10 Wages books must be kept The name and earnings of every worker employed by the Employer must be entered regularly in a proper wages book so that a record exists of the Employer's workers. 11 Adjustment of premium The Employer must at all times allow a person authorised by the Insurer to inspect the wages book. Within 28 days after the end of a policy period, the Employer must also supply the Insurer with a correct account of all wages, salaries and other forms of remuneration paid or allowed during that policy period. If the total amount differs from the amount on which premium has been paid, the difference in premium will be met by either further payment to the Insurer or a refund by the Insurer, subject to the Insurer's retention of the minimum premium as stated in the proposal.

Schedule 3 Prescribed provisions for compulsory insurance Return to Work Regulations 1986 28 12 Assignment No assignment of interest under this Policy will bind the Insurer unless the written consent of the Insurer is endorsed on the Policy. 13 Cancellation of Policy The Insurer may, at the request of the Employer, cancel the Policy by giving written notice to the Employer if the Insurer is satisfied that the Employer does not require this Policy for any of the following circumstances: (a) the Employer is no longer employing a worker as defined by the Act; (b) there are no Territory workers required to be covered by the Act; (c) the employer has another Policy with an Approved Insurer covering the same liability. The notice of cancellation must be posted to the Employer and cancellation will be effective from the date of the request of the cancellation or the date specified for cancellation (if that date is a later date) or the date from which another Policy with an Approved Insurer is incepted; whichever occurs first. In any other circumstance cancellation will not be effective unless prior consent of the Authority is obtained. Despite the cancellation of the Policy, the Employer must give the Insurer a statement of wages showing the amount paid up to the time of cancellation . The premium for the period of insurance prior to the cancellation will be adjusted on a pro rata basis in the manner set out in condition 11 of this Policy. 14 No waiver of conditions A condition or provision of this Policy cannot be waived or altered except with the prior consent of the Insurer as endorsed on the Policy. Notice to an agent, or knowledge of an agent or any other person, will not be taken to effect a waiver or alteration of a condition in this policy.

Schedule 4 Infringement notice offences and prescribed amounts Return to Work Regulations 1986 29 Schedule 4 Infringement notice offences and prescribed amounts regulation 19 Provision Prescribed amount in penalty units (individual) Prescribed amount in penalty units (body corporate) Return to Work Act 1986 section 7KD(1) 3 15 section 75A(4) 4 20 section 103H(1) or (2) 2 10 section 126AA(1) 4 20 section 130(2) 1 5

ENDNOTES Return to Work Regulations 1986 30 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Work Health Regulations (SL No. 49, 1986) Notified 23 December 1986 Commenced 1 January 1987 (r 2) Amendments of the Work Health Regulations (SL No. 48, 1987) Notified 23 December 1987 Commenced 23 December 1987 Amendments of Work Health Regulations (SL No. 5, 1989) Notified 1 March 1989 Commenced 1 March 1989 Amendment of Work Health Regulations (SL No. 56, 1990) Notified 21 December 1990 Commenced 21 December 1990 Amendments of Work Health Regulations (SL No. 25, 1991) Notified 12 June 1991 Commenced 12 June 1991 Amendment of Work Health Regulations (SL No. 77, 1991) Notified 20 December 1991 Commenced 20 December 1991 Amendments of Work Health Regulations (SL No. 32, 1992) Notified 8 July 1992 Commenced 8 July 1992 Amendment of Work Health Regulations (SL No. 22, 1993) Notified 11 August 1993 Commenced 11 August 1993

ENDNOTES Return to Work Regulations 1986 31 Amendments of Work Health Regulations (SL No. 50, 1993) Notified 22 December 1993 Commenced 22 December 1993 Amendments of Work Health Regulations (SL No. 11, 1996) Notified 13 March 1996 Commenced 13 March 1996 Amendment of Work Health Regulations (SL No. 38, 1996) Notified 7 August 1996 Commenced 7 August 1996 Amendment of Work Health Regulations (SL No. 29, 1997) Notified 12 November 1997 Commenced 12 November 1997 Amendments of Work Health Regulations (SL No. 4, 1999) Notified 10 March 1999 Commenced 10 March 1999 Amendments of Work Health Regulations (SL No. 39, 2000) Notified 30 June 2000 Commenced 30 June 2000 Commercial Passenger (Road) Transport (Consequential Amendments) Act 2003 (Act No. 41, 2003) Assent date 7 July 2003 Commenced 1 August 2003 (Gaz G30, 30 July 2003, p 2) Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003) Assent date 7 July 2003 Commenced 7 July 2003 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Statute Law Revision Act 2004 (Act No. 18, 2004) Assent date 15 March 2004 Commenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56, 2003) and Gaz G18, 5 May 2004, p 2) Work Health Amendment (Medical Certificates) Regulations 2005 (SL No. 31, 2005) Notified 21 September 2005 Commenced 21 September 2005 Work Health Amendment Regulations 2007 (SL No. 19, 2007) Notified 1 August 2007 Commenced 1 August 2007 Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz S29, 25 June 2008)

ENDNOTES Return to Work Regulations 1986 32 Statute Law Revision Act 2009 (Act No. 25, 2009) Assent date 1 September 2009 Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3) Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Work Health and Safety (National Uniform Legislation) Consequential Amendments Regulations (SL No. 60, 2011) Notified 30 December 2011 Commenced 1 January 2012 (r 2) Workers Rehabilitation and Compensation Amendment Act 2012 (Act No. 16, 2012) Assent date 27 April 2012 Commenced 1 July 2012 (Gaz G22, 30 May 2012, p 6) Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012) Assent date 22 May 2012 Commenced 1 July 2012 (s 2) Workers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9, 2015) Assent date 23 April 2015 Commenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015: (Gaz S50, 22 May 2015) Return to Work Legislation Amendment Act 2015 (Act No. 25, 2015) Assent date 18 September 2015 Commenced 1 October 2015 (Gaz S98, 30 September 2015) Return to Work Amendment Regulations 2016 (SL No. 26, 2016) Notified 1 July 2016 Commenced 1 July 2016 Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Act No. 28, 2018) Assent date 30 November 2018 Commenced 1 December 2018 (s 2) Return to Work Legislation Amendment Act 2020 (Act No. 21, 2020) Assent date 1 July 2020 Commenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)

ENDNOTES Return to Work Regulations 1986 33 Justice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022) Assent date 31 October 2022 Commenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50, 21 December 2022, p 1) Racing and Wagering Act 2024 (Act No. 8, 2024) Assent date 9 April 2024 Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 1) Return to Work Amendment Regulations 2024 (SL No. 9, 2024) Date made 11 June 2024 Commenced 12 June 2024 (r 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 89 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3A, 11, 16 and 21 and sch 3 and 4. 5 LIST OF AMENDMENTS r 1 amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 25 r 3 rep No. 4, 1999, r 2 ins Act No. 25, 2015,s 51 amd Act No. 21, 2020, s 24; No. 9, 2024, r 4 r 3AA ins Act No. 25, 2015,s 51 r 3A ins No. 48, 1987, r 1 amd No. 5, 1989, r 1; No. 25, 1991, r 1 sub No. 77, 1991 amd No. 32, 1992, r 1; No. 38, 1996; No. 29, 1997; No. 4, 1999, r 3; No. 39, 2000, r 1; Act No. 41, 2003, s 6; No. 19, 2007, r 3; Act No. 25, 2009, s 11; Act No. 16, 2012, s 13; Act No. 25, 2015,s 52; Act No. 21, 2020, s 25; Act No. 8, 2024, s 330 r 4 sub No. 25, 1991, r 2 amd Act No. 16, 2012, s 17; Act No. 21, 2020, s 26 r 4A ins No. 25, 1991, r 2; No. 39, 2000, r 2 rep No. 32, 1992, r 2 amd Act No. 1, 2004, s 63; Act No. 16, 2012, s 17 sub Act No. 21, 2020, s 27 r 5 rep No. 32, 1992, r 2 ins No. 50, 1993, r 2 amd No. 4, 1999, r 4; Act No. 16, 2012, s 17; Act No. 21, 2020, s 28 rr 5AA – 5AB ins Act No. 25, 2015,s 53 r 5A ins No. 60, 2011, r 22 r 5B ins Act No. 9, 2015, s 26 amd Act No. 21, 2020, s 29; No. 9, 2024, r 5 r 5C ins Act No. 9, 2015, s 26

ENDNOTES Return to Work Regulations 1986 34 r 6 amd No. 48, 1987, r 2; Act No. 44, 2003, s 6; Act No. 16, 2012, s 17; Act No. 9, 2015, s 27 r 6AA ins Act No. 9, 2015, s 28 amd Act No. 25, 2015,s 54 r 6A ins Act No. 16, 2012, s 14 r 7 amd No. 48, 1987, r 3; No. 5, 1989, r 2; No. 56, 1990, r 1 rep No. 32, 1992, r 2 r 8 amd No. 4, 1999, r 5; Act No. 16, 2012, s 17 r 9 amd No. 22, 1993; No. 50, 1993, r 3; Act No. 16, 2012, s 17 rep Act No. 9, 2015, s 29 r 10 amd No. 48, 1987, r 4 rep No. 4, 1999, r 6 r 11 sub No. 50, 1993, r 4 amd Act No. 40, 2010, s 202 r 11A ins Act No. 21, 2020, s 30 r 12 amd No. 4, 1999, r 7 sub No. 31, 2005, r 3 amd Act No. 18, 2010, s 89; Act No. 17, 2012, s 55; Act No. 9, 2015, s 30; Act No. 28, 2018,s 25; Act No. 21, 2020, s 35 r 13 amd No. 50, 1993, r 5; No. 11, 1996, r 1 sub No. 4, 1999, r 8 r 14 sub Act No. 16, 2012, s 15 r 14A ins No. 50, 1993, r 6 sub No. 4, 1999, r 9 amd Act No. 16, 2012, s 17 r 14B ins No. 50, 1993, r 6 rep No. 4, 1999, r 9 r 15 amd Act No. 16, 2012, s 17 sub Act No. 25, 2015,s 55 r 15A ins Act No. 25, 2015,s 55 r 16 amd No. 4, 1999, r 10; Act No. 18, 2004, s 3; Act No. 16, 2012, s 17 r 17 amd Act No. 16, 2012, s 17 r 17A ins No. 48, 1987, r 5 sub Act No. 16, 2012, s 16 rr 17B – 17C ins Act No. 21, 2020, s 31 r 18 amd Act No. 21, 2020, s 32 rr 19 – 24 amd Act No. 25, 2015,s 56 sch amd No. 48, 1987, r 6; No. 5, 1989, r 3; No. 56, 1990, r 2; No. 32, 1992, r 2; No. 50, 1993, r 7; No. 11, 1996, r 2 rep No. 4, 1999, r 11 sch 1 ins Act No. 25, 2015, s 56 amd Act No. 21, 2022, s 13 sch 2 ins Act No. 25, 2015, s 56 sub No. 26, 2016, r 3 amd Act No. 21, 2020, s 33 sch 2A ins Act No. 21, 2020, s 34 sch 3 ins Act No. 25, 2015, s 56 sub Act No. 21, 2020, s 34 sch 4 ins Act No. 25, 2015, s 56

1 RETURN TO WORK REGULATIONS 1986

The Regulations crystallise a small set of recurring concepts that determine entitlement, liability, compliance cost and administrative practice.

Worker and non‑worker distinctions: The instrument both enlarges and narrows the Act’s notion of "worker" for particular purposes (reg 3A). It expressly prescribes that some persons are workers (for specified Act provisions) , for example, members of the operations branch of St. John Ambulance Australia (N.T.) Inc., persons serving as jurors while complying with a summons under the Juries Act 1962, and natural persons engaged to drive taxis or hire vehicles where the operator is accredited under the Commercial Passenger (Road) Transport Act 1991 and approved by the Authority (reg 3A(1)). Conversely, reg 3A(2) lists prescribed classes that are not workers for the Act: remunerated crew members paid by share in fishing vessel profits, approved direct selling agents, carers under the Care and Protection of Children Act 2007, and persons caring for reward in their own residence for another’s child.

Prescribed amounts and percentages: Several entitlements and caps rely on fixed percentages of "the annual equivalent of average weekly earnings" (AWE). The prescribed amount for some calculations is 65% of the annual equivalent of AWE (reg 5). Household worker limitation is 20% of annual equivalent AWE (reg 4A). Funeral benefit prescribed amount is 20% of annual equivalent AWE (reg 6). These figures convert the Act’s general references into numerics that will affect award calculations and budget exposure.

Disease lists and presumptions: Schedule 2 enumerates diseases and the kinds of employment that invoke a presumption of work‑relatedness. The list is extensive, covering infectious diseases, mental health disease (notably PTSD for first responders, item 9A), malignancies linked to occupational exposures, respiratory diseases, hepatic, skin and musculoskeletal diseases, and acute toxicity. For firefighters, reg 5B prescribes specific diseases and qualifying periods, and reg 5C sets a required number of firefighting attendances (150) and a prescribed firefighting period (5 or 10 years depending on the disease). These are mechanistic gates for accepted claims and for eligibility to special presumptions under the Act.

Catastrophic injury thresholds: Schedule 2A defines catastrophic injuries using specific clinical and functional instruments: ASIA impairment scale and ISNCSCI for spinal cord injury (cl 2); Westmead PTA or similar for post‑traumatic amnesia and the Glasgow coma scale for traumatic brain injury, together with FIM(TM) thresholds (cl 3); objective percentage losses for amputations (cls 4-5); percentage body surface burn thresholds and FIM measures for burns and inhalation injury (cls 6-7); Snellen measurements for permanent blindness (cl 8). The instrument ties catastrophic classification to objective clinical standards.

Insurance and indemnity mechanics: The Regulations prescribe the content and minimums of the employer’s compulsory policy of insurance or indemnity (reg 15; Schedule 3). The policy must indemnify the employer for the full amount of liability under the Act and indemnify up to $2,000,000 independently of the Act for liability in respect of an injury to one worker. Schedule 3 then enumerates insurer and employer duties: notice, claims handling, non‑admission without insurer consent, insurer rights to defend proceedings and subrogation, employer duties to take precautions and to maintain wage records, and premium adjustment mechanics. These determine the allocation of control over litigation and claims between employer and insurer.

Enforcement via infringement notices: Regulations 19 to 24 build an expiation regime. Schedule 4 maps particular sections of the Return to Work Act to prescribed penalty unit amounts for individuals and corporates. Inspectors may give infringement notices where they reasonably believe an offence has occurred (reg 20). Notices must include prescribed content, the right to expiate by payment within 28 days, and the option to elect court proceedings instead (reg 21). The Regulations tie enforcement to the Fines and Penalties (Recovery) Act 2001 for recovery and sanctions.

Administrative and procedural rules: The instrument fixes detail on identity cards for inspectors (reg 5A), who may issue medical certificates in remote contexts and the effective periods of such certificates (reg 12), the requirement and form of declarations for workers living outside Australia (reg 6A), and mediator recordkeeping and duties in mediation processes (reg 14A). It prescribes service methods for documents on the Nominal Insurer (reg 18).

Cross‑statutory references: The Regulations integrate other legal frameworks by reference. For example, "expert financial advice" is defined by reference to Chapter 7 of the Corporations Act 2001 (reg 6AA). Witnessing of declarations is authorised by reference to the Oaths, Affidavits and Declarations Act 2010 (reg 11). Adjacent offshore areas are determined by reference to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Schedule 1). These cross‑references impose external licensing and professional standards on who can provide certain services or be recognised in particular roles.

Taken together, the principal concepts are focused on operationalising eligibility tests, quantifying monetary parameters, allocating procedural rights and duties between employers, insurers and the Authority, and creating an enforcement and expiation pathway. The text replaces discretion with defined thresholds and documentary gates for a wide variety of administrative decisions.

The Regulations directly or indirectly affect several cohorts. For each, the Regulations both create obligations and condition rights.

Employers: Employers have numerous compliance duties set out both in the Regulations generally and in the prescribed policy form in Schedule 3. They must hold a policy of insurance or indemnity from an Authority‑approved insurer, with cover for full liability under the Act and not less than $2,000,000 for liability independently of the Act (reg 15; Schedule 3, para beginning "If the Employer is liable..."). Employers must give timely notice of injuries to their insurer, maintain wage records, allow insurer inspection of books (Schedule 3, conditions 2, 10-11), avoid admissions or settlements without insurer written authority (Schedule 3, condition 3), and provide wages declarations verified by appropriate officers (reg 16). Employers who are natural persons, partnerships, bodies corporate or incorporated associations must follow the specified verification routes for statutory declarations (reg 16).

Workers and prescribed non‑workers: Workers fall into multiple categories. The Regulations expand the class of persons treated as workers for certain Act provisions (reg 3A(1): St John Ambulance operations branch members; jurors complying with a summons; approved taxi or private hire drivers engaged by accredited or Authority‑approved operators). The Regulations also prescribe persons who are not workers (reg 3A(2): certain fishing crew, approved direct selling agents, carers under certain Acts). First responders are defined (reg 3), and Schedule 2 item 9A prescribes PTSD as a disease for first responders who attended an emergency in person. Firefighters receive special treatment through reg 5B and 5C; the Regulations prescribe qualifying periods and a required number of fires. Workers living overseas who seek entitlements must supply a declaration from themselves and a medical practitioner every three months (reg 6A).

Volunteers: The Regulations alter compensation calculations for certain volunteers. For section 66 of the Act the Regulations regulate compensation as the remuneration for the volunteer’s normal weekly number of hours across all employment at ordinary time rate, or 50% of average weekly earnings, whichever is greater (reg 8). This adjusts how volunteer injuries are monetised.

Insurers, Nominal Insurer and self‑insurers: Approved insurers and self‑insurers are affected by rules determining contributions to the Nominal Insurer’s Fund (regs 17B-17C). The Nominal Insurer may recommend a total contribution and determine an apportioned percentage that is to be uniform across approved insurers and self‑insurers (reg 17C(2)(b)). Approved insurers must adhere to the minimum policy provisions in Schedule 3 as part of the compulsory cover architecture.

Inspectors and mediators: The Regulations prescribe the content of an inspector’s identity card (reg 5A) and empower inspectors to issue infringement notices when they reasonably believe an offence has occurred (reg 20). Mediators must keep a record of mediation matters (reg 14A(1)) and have specified conference duties if they convene a conference (reg 14A(2)).

Emergency services personnel and health practitioners: The Regulations affect first responders, firefighters and specific medical and allied practitioners. For firefighters, there are prescribed diseases and qualifying periods (regs 5B-5C). For medical certificates in isolation, the Regulations allow registered nurses and Aboriginal and Torres Strait Islander health practitioners to issue medical certificates of capacity under certain conditions and prescribe how long such certificates operate depending on consultation with a medical practitioner (reg 12).

Regulatory agencies and the Authority: The Authority is given practical tools to approve classes of workers (reg 3A), to approve insurers, and to accept declarations in approved forms (reg 6A, reg 18). The Authority also retains discretion to withdraw infringement notices (reg 23) and the Insurance provisions in Schedule 3 are expressly conditional on the Authority’s approval insofar as the insurer must be "approved by the Authority" (Schedule 3 opening).

Third parties and court processes: The Regulations link to the Fines and Penalties (Recovery) Act 2001 for enforcement of infringement notices (reg 21). The late payment interest rate references the rate applicable to a Supreme Court judgment debt (regs 14, 17A), which imports the financial consequences of court enforcement into regulatory compliance.

The distribution of decision rights and burdens: The instrument centralises many operational decisions. Employers must supply and verify wage information, insurers control litigation and are entitled to subrogation and defence rights, the Nominal Insurer determines contribution percentages, and the Authority approves certain classes and policies. Compliance burdens fall most heavily on employers and insurers in terms of documentation and recordkeeping, and on workers in terms of medical proof where prescriptive thresholds apply. The Regulations also impose recurring obligations on workers who live outside Australia (regular declarations every three months, reg 6A) and create an administrative path for enforcement that can impose financial sanctions without court litigation through expiation.

The Regulations convert Act provisions into discrete duties for parties and instantiate rights and procedural protections.

Employers , duties and limits:

Compulsory insurance and policy content: Employers must hold an approved policy of insurance or indemnity that covers the full amount of liability under the Act and at least $2,000,000 for liability independently of the Act (reg 15; Schedule 3, para beginning "If the Employer is liable..."). Schedule 3 inserts a set of mandatory policy provisions and employer conditions (Schedule 3, Conditions 1-14). Those conditions require employers to deliver notices to the insurer, to notify immediately after becoming aware of an injury, and to supply wage information within 28 days after the end of each policy period (Schedule 3, conditions 1-2, 11).
Non‑admission: Employers must not admit liability, incur litigation expenses or make settlements without the insurer’s written authority (Schedule 3, condition 3).
Record keeping and verification: Employers must keep and make available wage books and verify statutory declarations according to their legal form , natural persons, partners, directors/secretaries/principal officers and public officers for incorporated associations (reg 16). The wages book requirement is reinforced in Schedule 3, condition 10.
Premium mechanics and election: Employers may elect to pay premiums by instalment; if agreement cannot be reached with the insurer the employer may serve a written election at least 21 days before the first instalment (reg 17). Interest on late premium payments is calculated at the Supreme Court judgment debt rate (reg 17A).

Insurers , duties and rights:

Indemnity liability and defence: The insurer must indemnify the employer for liabilities under the Act and up to $2,000,000 for independent liabilities, and may incur costs and expenses with written consent (Schedule 3, para beginning "If the Employer is liable..." and following paras). The insurer is entitled to use the employer’s name in defence and litigation and to be subrogated to employer rights (Schedule 3, conditions 4-5).
Premium adjustment: Insurers may adjust premiums based on wage accounts provided by employers (Schedule 3, conditions 9, 11).
Nominal Insurer contributions: The Nominal Insurer recommends total contributions and determines a uniform percentage applied to approved insurers and self‑insurers to raise the fund (regs 17B-17C).

Workers , entitlements and procedural rights:

Monetary amounts: The Regulations prescribe monetary conversion ratios. For certain Act calculations the "prescribed amount" is 65% of the annual equivalent of AWE (reg 5). For household workers the prescribed amount is 20% of annual equivalent AWE (reg 4A). Funeral benefit prescribed amount is 20% of annual equivalent AWE (reg 6). These percentages determine the baseline for calculations of weekly payments and lump sum benefits.
Medical certification and remote areas: Where a worker is isolated and a medical practitioner cannot issue a certificate of capacity, registered nurses and Aboriginal and Torres Strait Islander health practitioners may issue certificates with different effective periods depending on whether they consult with a medical practitioner by phone or not (reg 12).
PTSD and first responder coverage: Post‑traumatic stress disorder is prescribed for "all work as a first responder" when the person attended in person at an emergency and is trained as a first responder (Schedule 2, item 9A and reg 3 definition of first responder). This creates an entitlement pathway for first responders who meet attendance and training criteria.
Catastrophic injury classification: Workers meeting Schedule 2A criteria have an injury prescribed as catastrophic under section 78A(6) of the Act (reg 11A). Eligibility is defined by precise medical and functional criteria, affecting access to payments and services tied to catastrophic classification.

Volunteers and special categories:

Volunteers: Compensation for certain volunteers is calculated on a formula that takes the greater of (a) remuneration for the normal weekly hours across all employment calculated at ordinary time rate, or (b) 50% of average weekly earnings (reg 8).
Police commuting limitation: Police officers are prescribed as a class of worker only where the injury occurs while travelling by the shortest convenient route between residence and workplace (reg 5AA). That is a geographic/travel limitation on entitlement for that prescribed class.

Inspectors and enforcement:

Inspectors have the power to issue infringement notices where they reasonably believe an offence occurred (reg 20).
Infringement notices must include prescribed details and inform the recipient of the 28‑day expiation right and the option to elect to have the matter heard in court under the Fines and Penalties (Recovery) Act 2001 (reg 21).
The Authority may withdraw an infringement notice within 28 days and before payment (reg 23).

Nominal Insurer, service and contributions:

Documents required or permitted by the Act to be served on the Nominal Insurer may be delivered at the Darwin office during business hours or prepaid to a GPO address (reg 18).
The Nominal Insurer recommends total contributions and determines a uniform percentage to allocate the fund amount among approved insurers and self‑insurers (regs 17B-17C).

Procedural mediators and records:

Mediators must keep a record of mediation including nature, parties and outcome (reg 14A(1)). If a mediator convenes a conference under the relevant provision of the Act, the mediator must set date, time and place and preside or adjourn the conference (reg 14A(2)).

Late payment penalties and interest:

The prescribed rate of interest on late weekly payments and late premium payments is the rate applicable to a judgment debt under a Supreme Court judgment (regs 14, 17A). This ties late payment interest to a court‑scale rate.

These duties and rights shift operational control in multiple places: insurers obtain litigation control and subrogation rights; employers have primary duties as the interface for wage records and notification; the Authority retains approval and withdrawal functions; and workers’ access to benefits depends on meeting prescriptive medical and employment‑exposure gates. The Regulations replace open‑ended discretion with specified gates, timelines and documentary pathways.

The Regulations establish an infringement notice framework for specified Act offences and prescribe mechanisms for enforcement, expiation and escalation to courts.

Infringement notice offences and penalty units: Regulation 19(1) designates offences listed in Schedule 4 as infringement notice offences. Schedule 4 maps particular sections of the Return to Work Act to prescribed penalty unit amounts for individuals and body corporates. The table in Schedule 4 indicates the following prescribed amounts in penalty units:

Section 7KD(1): 3 penalty units (individual), 15 penalty units (body corporate).
Section 75A(4): 4 penalty units (individual), 20 penalty units (body corporate).
Section 103H(1) or (2): 2 penalty units (individual), 10 penalty units (body corporate).
Section 126AA(1): 4 penalty units (individual), 20 penalty units (body corporate).
Section 130(2): 1 penalty unit (individual), 5 penalty units (body corporate).

Regulation 19(2) fixes the prescribed amount for an infringement notice offence as the monetary value equal to the number of penalty units specified for the offence in Schedule 4. That mechanises the conversion of penalty units into monetary sums for expiation.

Issuing and content of infringement notices: An inspector who reasonably believes an infringement notice offence has occurred may give an infringement notice to the person alleged to have committed it (reg 20). Regulation 21 prescribes the contents of an infringement notice. It must identify the person, date of the notice, date/time/place of the alleged offence, a description of the offence, the prescribed amount payable and the enforcement agency under the Fines and Penalties (Recovery) Act 2001 to which payment must be made (reg 21(1)(a)-(f)). The notice must also inform the person:

They may expiate the offence by paying the prescribed amount within 28 days after the notice is given (reg 21(2)(a));
They may elect to have the matter dealt with by a court under s 21 of the Fines and Penalties (Recovery) Act 2001 by completing a statement of election (reg 21(2)(b)); and
If the person does nothing, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, with examples of enforcement listed including suspension of driver's licence, seizure of property, wage deductions, registration of statutory charge on land, community work orders and imprisonment for breach of such orders (reg 21(2)(c)).

Notice form and election: The infringement notice must include an appropriate form for the statement of election described in reg 21(2)(b) (reg 21(3)).

Payment, cheque and withdrawal: Payment by cheque is treated as not made unless the cheque clears on first presentation (reg 22). The Authority may withdraw an infringement notice by giving written notice to the person, provided it does so within 28 days after giving the infringement notice and before payment of the prescribed amount (reg 23(1)-(2)). Regulations 19-23 do not prevent further prosecution where an offence has not been expiated, do not require the giving of an infringement notice, and do not prevent multiple infringement notices for the same offence (reg 24(1)-(3)). If more than one infringement notice is given for the same offence, any one may be used for expiation by payment (reg 24(3)).

Enforcement pathway outside expiation: If a person elects court proceedings, or does not expiate, enforcement moves into the Fines and Penalties (Recovery) Act 2001 framework. The Regulations make explicit that enforcement agencies defined in that Act are the receiving agencies for prescribed amounts (reg 21(1)(f)), and give examples of enforcement powers that may be used if the matter proceeds to fines recovery (reg 21(2)(c)).

Interest on late payments and late premium/default mechanics: The Regulations set the prescribed rate of interest on late weekly payments and late premium payments as the rate applicable to a judgment debt under a Supreme Court judgment (regs 14, 17A). This constructs a link between civil enforcement rates and statutory late payment interest.

Inspection and identity cards: Inspectors are given identity card form requirements (reg 5A), which is a practical enforcement mechanism to identify the inspecting officer and the conditions of appointment. The presence of an inspector with a prescribed identity card is the precondition for issuing infringement notices under reg 20.

Service and Nominal Insurer: The Regulations fix service methods for documents required to be served on the Nominal Insurer (reg 18), enabling enforcement and administrative notices to be validly delivered.

Distributional consequences and enforcement incentives: Mechanically the Regulations provide an administrative route to obtain monetary penalties without immediate court involvement, incentivise expiation by a 28‑day payment window and reduce prosecutor resource use for lower level contraventions. The conversion of penalty units to monetary values in Schedule 4 sets differentials between individuals and corporates, raising amounts for bodies corporate. The ability to issue multiple notices for the same offence and the ability of the Authority to withdraw within 28 days create some procedural flexibility. Enforcement escalation to the Fines and Penalties (Recovery) Act imports a range of coercive recovery tools that may have a non‑trivial effect on a person’s assets and licences.

The Regulations operate as subordinate legislation to the Return to Work Act 1986 and widely cross‑refer to other statutes and national instruments. The text itself provides the references and mechanics.

Cross‑references to the Act: Almost every substantive regulation is anchored to a particular Act provision. For example, reg 3A operates for the purposes of section 3B(17) of the Act; reg 5AB operates for section 4(6)(a) of the Act by prescribing diseases and kinds of employment found in Schedule 2. The compulsory insurance provisions in reg 15 and Schedule 3 are intended to satisfy the Act’s requirement that employers obtain policies approved by the Authority.

Fines and recovery mechanisms: Enforcement via infringement notices is integrated with the Fines and Penalties (Recovery) Act 2001. Regulation 21 requires infringement notices to tell recipients the enforcement agency to which payment is payable and to inform them of their rights under the Fines and Penalties (Recovery) Act, including suspension of licences and seizure of property (reg 21(1)(f), 21(2)(c)). The procedural right to elect court jurisdiction instead of the expiation mechanism is provided by reference to s 21 of the Fines and Penalties (Recovery) Act 2001 (reg 21(2)(b)).

Professional licensing and national laws: Definitions and permitted actions rely on other statutes:

Expert financial advice is defined by reference to Chapter 7 of the Corporations Act 2001, tying "expert financial advice" to the AFSL regime (reg 6AA).
Medical and allied registration references are to the Health Practitioner Regulation National Law, as adopted in the Territory, for identifying who may issue medical certificates in remote contexts (reg 12).
Witnessing of statutory declarations references the Oaths, Affidavits and Declarations Act 2010 (reg 11).
Taxi, private hire and limousine drivers are connected to the Commercial Passenger (Road) Transport Act 1991, and reg 3A(1)(c) makes entitlement contingent on accreditation under that Act and approval by the Authority.
Adjacent offshore areas in reg 3AA and Schedule 1 reference the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) and the Seas and Submerged Lands Act 1973 (Cth) for defining jurisdictional boundaries.

Court and judgment implications: The Regulations fix interest rates for late payments by reference to the rate applicable to judgment debts under a Supreme Court judgment (regs 14, 17A). That imports the Supreme Court rate into administrative remedy calculations, effectively linking regulatory financial penalties to court civil interest standards.

Interaction with employment, associations and other Territory statutes: Verification pathways for employers reference the Associations Act 2003 for incorporated associations (reg 16). Police, correctional officers and corollary roles are linked to the Correctional Services Act 2014 through the definition cross‑reference in reg 3. The Juries Act 1962 is referenced in reg 3A for the treatment of jurors.

Insurance law interaction: Schedule 3 imposes standard policy language as a regulatory minimum for compulsory employer policies. The policy wording references insurer subrogation, adjustments based on wages accounting, premium regulation and cancellation rules; these operate alongside general insurance contract law. The Regulations require insurers to follow the policy conditions as part of their approval and interaction with the Authority.

National instruments and clinical standards: Schedule 2A uses international clinical instruments as defining standards for catastrophic injuries: ASIA impairment scale, ISNCSCI, ISAFSCI, the Westmead Post‑Traumatic Amnesia Scale, the Glasgow Coma Scale and the FIM(TM) instrument are named as the measures to be used. By tying catastrophic classification to these instruments, the Regulations import recognised clinical tools into administrative determinations.

Administrative law and discretion: The Authority retains explicit powers to approve classes, to accept forms and to withdraw infringement notices within 28 days (reg 3A, reg 6A, reg 23). That places the Authority as the deciding administrative body with residual discretion under the Act, bounded by the Rules and Regulations.

In short, the Regulations are tightly networked into federal and Territory legislation, national registration regimes, established clinical standards and the fines recovery machinery. Practitioners should take care to coordinate compliance not merely with the Regulations themselves but with the external frameworks they call into operation.

The Regulations were made under the Return to Work Act 1986 and commenced on 1 January 1987 (reg 2). The Endnotes record a long series of amendments, both to the Regulations themselves and consequential amendments responding to Territory or Commonwealth legislative developments. The following is a factual chronology drawn from the instrument’s endnotes and list of amendments.

Early and iterative regulatory amendments: Various subordinate legislation instruments amended the Regulations in the late 1980s and 1990s. Notable early changes include amendments notified in 1987 (SL No. 48, 1987), 1989 (SL No. 5, 1989), and several amendments through the 1990s (SL Nos. 25, 32, 56 etc), many adjusting definitions, schedules and technical provisions (Endnotes listings).

Integration with other Territory Acts: The Commercial Passenger (Road) Transport (Consequential Amendments) Act 2003 introduced amendments related to taxi and private hire operator accreditation, which later feature in reg 3A. Similarly, the Statute Law Revision Acts in 2003 and 2004 and the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 delivered textual updates to reflect broader legal changes, as noted in the Endnotes.

Medical certificate and health practitioner changes: The Work Health Amendment (Medical Certificates) Regulations 2005 (SL No. 31, 2005) and subsequent amendments in 2007 and 2010 adjusted medical certificate provisions. The Health Practitioner (National Uniform Legislation) Implementation Acts (2010, 2012) are referenced as amending the registration references and the persons who may issue certificates (reg 12 and its amendment history).

Major legislative packages and rebranding: The Law Reform (Work Health) Amendment Act 2007 (Assent 12 December 2007) and its commencement on 1 July 2008, the Workers Rehabilitation and Compensation Amendment Act 2012 (Assent 27 April 2012, commenced 1 July 2012) and the Workers Rehabilitation and Compensation Legislation Amendment Act 2015 (Assent 23 April 2015) appear in the Endnotes and list of amendments as triggering changes reflected in this reprint.

Return to Work legislative amendments: The Return to Work Legislation Amendment Acts 2015 and 2020 modified the Act and the Regulations in several respects. The 2015 Act (Assent 18 September 2015) and various consequential changes to the Regulations added provisions such as reg 3AA, Schedule 1 and other items (Endnotes). The 2020 Amendment Act (Assent 1 July 2020) led to amendments commencing in July 2020 that inserted or modified provisions including Schedule 2A (catastrophic injury) via the 2020 reforms.

Recent amendments: The endnotes show the most recent amendments recorded in the reprint include:

Justice and Licensing Legislation Further Amendment Act 2022 (Assent 31 October 2022), which commenced part 3 on 1 February 2023 and is recorded as affecting Schedule 1 (Endnotes).
Racing and Wagering Act 2024 (Assent 9 April 2024), which is noted to have commenced 1 July 2024 and resulted in amendments to reg 3A to include persons authorised by a club registered under that Act (Endnotes; reg 3A(1)(b) and the list of amendments show Act No. 8, 2024 as an amending instrument).
Return to Work Amendment Regulations 2024 (SL No. 9, 2024), made 11 June 2024 and commenced 12 June 2024 (Endnotes).

Insertion and amendment mapping: The list of amendments at the end of the reprint provides granular mapping between regulations and the instruments that amended them. Examples include:

reg 3 was repealed and reinserted across the 1990s and amended by Act No. 25, 2015, s 51, and further amended by Act No. 21, 2020, s 24 and Act No. 9, 2024, r 4.
regs 5AA-5AB were inserted by Act No. 25, 2015, s 53.
reg 5A (inspectors' identity cards) was inserted by Act No. 9, 2015, s 26.
Sch 2 (prescribed diseases and kinds of employment) was inserted by Act No. 25, 2015, s 56 and subsequently substituted by Return to Work Amendment Regulations 2016 (SL No. 26, 2016); it was later amended by Act No. 21, 2020, s 33.

Consolidation and formal amendments: The Interpretation Legislation Amendment Act 2018 made formal amendments of a technical nature to rr 1, 3A, 11, 16 and 21 and to Schedules 3 and 4 (Endnotes, para 4). The reprint records these formal textual amendments.

What the history shows: The Regulations have been repeatedly updated to reflect changes in related statutory regimes, to incorporate clinical standards for catastrophic injury, to tailor disease presumption lists and qualifying periods, and to formalise insurance policywording. The Endnotes provide the legal provenance for each insertion and amendment; practitioners referencing historical versions should consult the linked amending instruments listed in the Endnotes for the precise operative text at any point in time.

The reprinted Regulations do not cite any adjudicated cases or provide a catalogue of litigation arising from these Regulations. The text of the instrument itself contains no case law references or judicial interpretations. Practically this means:

There is no litigation history recorded within the Regulation text for precedential claims about the interpretation of these specific regulatory provisions.
Interpretive questions will therefore be resolved in the usual way: by reference to the Act, the instrument’s plain language, cross‑referenced statutes and, if litigated, to any judicial decisions that subsequently arise. The instrument does bring in external standards (Supreme Court judgment rate for interest, the Fines and Penalties (Recovery) Act for enforcement mechanisms) that have their own bodies of case law which may bear on applications of the Regulations.
Certain provisions are operation‑facing and likely to spawn factual disputes. Examples include:
- Whether an inspector "reasonably believes" that an offence has occurred for the purposes of giving an infringement notice (reg 20).
- Whether a worker meets the objective clinical thresholds in Schedule 2A for catastrophic injury, or whether diagnostic tools have been properly applied (Schedule 2A uses ASIA, ISNCSCI, Westmead PTA, Glasgow Coma Scale and FIM(TM)).
- Application of Schedule 2 disease presumptions to particular employment histories and exposure profiles, particularly where modern causation science or competing exposures are at issue.
- Whether a person qualifies as a worker under the narrow prescribed classes in reg 3A or is excluded by the non‑worker prescriptions in reg 3A(2).

Practical pathways: Absent pre‑existing reported litigation referenced in the Regulations, disputes will run through the administrative remedies and courts specified. Infringement notices may be expiated or elect to be litigated in court under the Fines and Penalties (Recovery) Act 2001 (reg 21(2)(b)). Other disputes about entitlements or insurance coverage will be litigated or resolved under the Civil or Supreme Court processes, with late payment interest rates tied to Supreme Court judgment debt rates (regs 14, 17A). The text of the Regulations therefore provides procedural hooks that channel disputes into established enforcement or judicial pathways.

Researchers and practitioners should not assume settled judicial construction from this reprint alone. For interpretive certainty in contentious or high‑exposure matters, consult current case law and, if necessary, obtain declaratory relief where factual matrices implicate Schedule 2 disease presumptions or Schedule 2A catastrophic thresholds.

The Regulations contain a number of technical features that can produce unexpected compliance costs or limit entitlements if not observed. The following are concrete "gotchas" drawn directly from the text.

Threshold‑driven entitlements and rigid clinical metrics:

Catastrophic classification depends on named clinical instruments and precise thresholds. For example, spinal cord injury eligibility requires ASIA impairment grade A-D under ISNCSCI and a score of 0 on an autonomic item under ISAFSCI (Schedule 2A cl 2). Traumatic brain injury requires post‑traumatic amnesia of 7 days or more measured by an approved scale or coma of 1 hour or more using Glasgow Coma Scale and a FIM motor or cognitive score of 5 or less (Schedule 2A cl 3). These criteria are objective but narrow. If a claimant’s clinical evidence is framed in different instruments or lacks the specified scoring documentation, catastrophic classification can be denied on technical grounds.
For amputation thresholds the Regulations prescribe methods for measuring percentage femur or tibia length lost , using pre‑ and post‑amputation X‑rays or the contralateral limb (Schedule 2A cls 4-5). Absence of such imaging could complicate proof.

Prescribed disease lists are exhaustive and exposure‑specific:

Schedule 2 ties many malignancies and diseases to specific occupational exposures (for example, liver cancer and vinyl chloride monomer, hepatitis exposure; lung cancer and diesel engine exhaust, silica dust etc). A worker whose exposure is arguable but not one of the listed "kinds of employment" may have their claim sit outside the presumption and need to prove causation. The list sets a gate and drivers of causation may therefore require additional evidence to bridge to the presumption.

Firefighters’ special rules:

Firefighters face combined quantitative gates: a prescribed number of fires of 150 (reg 5C(a)) and prescribed firefighting periods (5 years for brain cancer and leukaemia; 10 years for other diseases) (reg 5C(b)). A firefighter with fewer than 150 attendances cannot access the particular presumption in section 50A(3)(a)(ii) unless other criteria apply.

Definitions that import external approvals:

Drivers of taxis/private hire vehicles become prescribed workers only when the operator is accredited under the Commercial Passenger (Road) Transport Act 1991 and approved by the Authority (reg 3A(1)(c)). That creates a dependency on a third‑party accreditation and the Authority’s approval. An independent driver who is not driving for an accredited/Authority‑approved operator will not have that prescribed worker status.

Medical certificates in isolated settings , short effective periods:

Where medical practitioners cannot issue certificates of capacity because of isolation, registered nurses and Aboriginal and Torres Strait Islander health practitioners may issue certificates (reg 12(1)). However, the effective duration of such certificates varies sharply: 14 days if issued by a medical practitioner or by a prescribed person who consulted a medical practitioner by phone/radio; but only 3 days if the prescribed person did not consult a medical practitioner (reg 12(2)(a)-(c)). This short duration can create frequent administrative renewals in remote settings with cost and logistical burdens.

Compulsory policy wording and insurer control:

Schedule 3 embeds a standard policy and numerous conditions that give insurers substantial control over claims handling and litigation strategy (Schedule 3, conditions 3-5). Employers must not make admissions or settle without insurer written authority (Schedule 3, condition 3). Employers who fail to follow these conditions could jeopardise coverage. Conversely, insurers gain subrogation rights and the ability to control defence strategy; employers may have limited practical control over litigation conduct.

Nominal Insurer contribution uniformity:

The Nominal Insurer determines a percentage that is "uniform for all approved insurers and self‑insurers" (reg 17C(2)(b)). Approved insurers and self‑insurers cannot be apportioned differing percentages, which may disadvantage insurers with atypical risk profiles.

Prescribed amounts and conversions:

Multiple entitlements are converted into percentages of "the annual equivalent of average weekly earnings." Practical calculation requires a correct AWE baseline. For household worker caps (20% of annual equivalent AWE, reg 4A) or funeral benefit (20% AWE, reg 6), incorrect AWE calculation produces under or overpayments.

Infringement notice nuances:

An inspector’s reasonable belief is the operative standard to issue an infringement notice (reg 20). There is no required pre‑court evidence threshold for issuing a notice; expiation is achieved by payment within 28 days (reg 21(2)(a)). The Authority can withdraw a notice only within 28 days and before payment (reg 23). If multiple notices are given for the same offence, the person may expiate by paying any one notice (reg 24(3)), but multiple notices can produce administrative complexity.

Worker living outside Australia:

Workers residing outside Australia who remain entitled to compensation must provide declarations in the approved form every three months from both themselves and a medical practitioner (or, in the foreign country, a person registered under that country’s law to practise medicine) (reg 6A). This imposes a recurring documentary duty on the worker and logistical burdens for cross‑jurisdictional medical reporting.

Expert financial advice defined rigidly:

"Expert financial advice" is defined by reference to the Corporations Act Chapter 7 AFSL regime (reg 6AA). If a service is framed as financial advice but not delivered by an AFSL‑holder or authorised representative, it will not meet the definition in the Regulations, potentially excluding the cost of non‑AFSL financial planning from any statutory requirement tied to expert financial advice.

These are concrete technical features that can generate claimant and employer surprises. Practitioners must check the precise measurement, documentation and approval requirements for each step rather than assume flexible administrative discretion.

Practical steps for advisers, employers, insurers and medical practitioners to comply with the Regulations are set out below, linked to the relevant regulation or schedule for ease of reference.

Insurance and policy compliance (reg 15; Schedule 3)

Ensure every employer obtains an approved policy from a Work Health Authority approved insurer, with indemnity covering the employer’s full liability under the Act and a minimum of $2,000,000 for non‑Act liability for any one worker, matching Schedule 3 wording.
Confirm the policy includes the Schedule 3 conditions verbatim or as required by the Authority. Schedule 3 conditions set out notice obligations, claims timing and insurer rights, including non‑admissions without insurer written authority (Schedule 3, conditions 2-5).
Maintain accurate wage records and submit wage accounts within 28 days of each policy period end so premiums can be adjusted as required (Schedule 3, conditions 10-11).

Wages declarations and attestations (reg 16; Schedule 3)

Verify wages declarations with the appropriate officer per reg 16: natural persons sign themselves, partnerships by a partner, bodies corporate by director/secretary/principal officer in the Territory, incorporated associations by the public officer.
Keep detailed and contemporaneous wage books as required by Schedule 3, condition 10.

Premium payment and instalment elections (reg 17)

If there is a dispute with an insurer about an instalment payment arrangement, serve written notice of election to pay by instalment at least 21 days before the first instalment is payable (reg 17). Track and calculate late payment interest using the Supreme Court judgment debt rate for late premiums (reg 17A).

Medical certification and remote issuance protocols (reg 12)

In isolated locations where a medical practitioner cannot issue a certificate of capacity, ensure the issuing person is one of the prescribed categories: registered nurses or Aboriginal and Torres Strait Islander health practitioners (reg 12(1)).
Ensure that the prescribed person consults with a medical practitioner where possible; a certificate issued after consultation lasts 14 days; without consultation it lasts 3 days (reg 12(2)). Plan for rapid re‑assessment or telehealth consultation to avoid short coverage gaps.

Documenting catastrophic injuries (Schedule 2A)

For catastrophic injury claims, collect documentation using the specified instruments: ASIA impairment grading under ISNCSCI for spinal cord injury (cl 2); Westmead PTA or approved scale and Glasgow Coma Scale and FIM(TM) assessments for traumatic brain injury (cl 3); X‑rays for pre/post amputation measurement or contralateral comparison for limb amputation calculations (cls 4-5); Snellen measurements for blindness (cl 8). Ensure assessments are contemporaneous and performed by clinicians familiar with those instruments.

Disease presumption claims and exposure records (reg 5AB; Schedule 2)

Gather specific exposure documentation that corresponds to Schedule 2’s listed kinds of employment. For example, for occupational asthma or mesothelioma, collect historical exposure records, tasks, material safety data sheets and site logs linking the worker’s duties to the listed exposures.
For firefighter claims check the prescribed number of fires (150) and prescribed firefighting period conditions (reg 5C). Maintain operational attendance logs that accumulate to the required thresholds.

First responder PTSD claims (reg 3 definition; Schedule 2 item 9A)

Verify training records and on‑site attendance records for people claiming PTSD under the first responder prescription. Schedule 2 item 9A excludes persons “trained as a first responder who has not attended in person at an emergency situation or incident,” so proof of attendance is decisive.

Worker abroad declarations (reg 6A)

For a worker residing outside Australia and still receiving compensation, obtain and maintain declarations from the worker and a medical practitioner (or locally registered medical person) every three months in the approved form. Keep copies and file with the employer and insurer. Failure to supply these periodic declarations may jeopardise entitlements.

Inspectors and identity cards (reg 5A)

Agencies should issue identity cards to inspectors that include the required elements: recent photograph of prescribed size, signature, appointment end date (if any), and conditions of appointment (reg 5A). Organisations receiving inspectors should confirm these details at the point of entry.

Mediation procedure and record keeping (reg 14A)

Mediators must keep a mediation record describing the dispute, parties and outcome (reg 14A(1)). If convening a conference, mediators must set date, time, place, preside over and may adjourn or terminate the conference (reg 14A(2)). Parties should ensure mediators are instructed to create and retain the record for procedural compliance.

Infringement notices and responses (regs 19-24; Schedule 4)

If served with an infringement notice, check the notice includes the content required by reg 21. Consider whether to expiate by paying the prescribed amount within 28 days, or elect court proceedings via the statement of election in the notice (reg 21(2)(a)-(b)). If the prescribed amount is paid by cheque, confirm the cheque clearing on first presentation (reg 22).
Authorities should retain processes for the 28‑day withdrawal window (reg 23) and for documentation of the inspector’s reasonable belief standard that justified issuing the notice pursuant to reg 20.

Nominal Insurer Fund contributions and record reconciliation (regs 17B-17C)

Approved insurers should cooperate with the Nominal Insurer’s data requests and provide premium income and other figures necessary to calculate contributions as per reg 17C(1)(a). Self‑insurers should calculate the premium that "would have been payable" to determine their contribution base (reg 17C(1)(b)). Expect a uniform percentage to be applied (reg 17C(2)(b)) and budget accordingly.

Policy cancellation and adjustments (Schedule 3 condition 13)

If seeking to cancel a policy, ensure the insurer’s satisfaction criteria in Schedule 3 condition 13 are met and prepare to supply a wages statement up to the cancellation date. Premium adjustments will be calculated on a pro rata basis per condition 11.

Administrative coordination and training

Employers should train payroll, HR and health and safety staff on the precise documentary and time thresholds: wage book maintenance, the 28‑day windows for notice and withdrawal, the three‑month declaration cycles for overseas claimants, and the short durations of remote medical certificates.
Insurers should integrate Schedule 3 conditions into their standard policy issuance and claims handling manuals, especially the non‑admission, subrogation and defence provisions.

Cross‑statutory alignment

Where the Regulations reference external regimes (Corporations Act Ch 7 for AFSLs, Commercial Passenger (Road) Transport Act 1991 for driver accreditation, Health Practitioner Regulation National Law for registrant categories), ensure the relevant external compliance (e.g., insurer authorisations, driver accreditation) is confirmed before relying on a prescribed status.

In practice, compliance is documentary and process driven: maintain contemporaneous clinical assessments using the specified instruments, preserve operational attendance and exposure logs, keep wage books and insurer communications, and ensure policy forms and premiums comply with the minimums and conditions in Schedule 3. Where an entitlement or enforcement risk is high, early liaison with the insurer and, if necessary, the Authority is prudent given the Authority’s approval and withdrawal powers embedded in the Regulations.

RETURN TO WORK REGULATIONS 1986

Plain English Summary

Deep Dive

What it does

Current sections

RETURN TO WORK REGULATIONS 1986

Source text: opening excerpt

1 RETURN TO WORK REGULATIONS 1986

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply