Part 5Common law

Part 5—Common law 39—Seriously injured worker—election to claim or enter into agreement (section 73 of Act) For the purposes of section 73(4) of the Act, a worker to whom that section applies must make an election in accordance with the following requirements: (a) the election must be in writing and furnished to the Corporation before the worker commences proceedings under Part 5 of the Act or enters into an agreement under Part 4 Division 5 of the Act; (b) the worker, in making the election, must confirm that he or she has received advice about the consequences of the election from a legal practitioner who holds a current practising certificate in compliance with the requirement under section 73(6) of the Act; (c) the election must be accompanied by any claim being made by the worker under section 73(7) of the Act (including information or evidence that supports the amount claimed by the worker). 40—Prescribed costs—obtaining advice (section 73) For the purposes of section 73(7) of the Act, an amount that does not exceed $900 (indexed) is prescribed for the cost of obtaining advice. 41—Costs in relation to action for damages For the purposes of section 86(1) of the Act, in relation to the declaration of costs charged, or to be charged, to a party, a legal practitioner must declare the costs in writing and provide the declaration to all parties to the proceedings within 1 month of the end of proceedings. 42—Meaning of substantive law (section 91 of Act) For the purposes of paragraph (b) of the definition of a State's legislation about damages for a work related injury in section 91 of the Act— (a) the Workers Compensation Act 1951 (ACT) is declared to be the legislation of the Australian Capital Territory about damages for a work related injury; and (b) the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW) are declared to be the legislation of New South Wales about damages for a work related injury; and (c) the Return to Work Act 1986 (NT) is declared to be the legislation of the Northern Territory about damages for a work related injury; and (d) the Workers Compensation and Rehabilitation Act 2003 (Qld) is declared to be the legislation of Queensland about damages for a work related injury; and (e) the Workers Rehabilitation and Compensation Act 1988 (Tas) is declared to be the legislation of Tasmania about damages for a work related injury; and (f) the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) is declared to be the legislation of Victoria about damages for a work related injury; and (g) the Workers' Compensation and Injury Management Act 1981 (WA) is declared to be the legislation of Western Australia about damages for a work related injury.