What it does
The Workers Compensation Regulation 2002 (the Regulation) is a subordinate law made under the Workers Compensation Act 1951 (the Act). It provides the operational detail that makes the Act work in practice. The Regulation sets out how medical assessments must be conducted, requiring doctors to use evidence-based methodology and to record aetiology, diagnosis, prognosis and recommended treatment (section 9). It establishes a framework for medical specialists to assess workers at the request of specified persons (section 10) and for medical referees to review medical evidence during conciliation or arbitration (sections 14 and 15). The Regulation governs the approval of rehabilitation providers (sections 16 and 17), the conciliation of disputes (Part 6) and the arbitration of unresolved matters (Part 7). It prescribes the mandatory contents of compulsory insurance policies (Part 8), including that the insurer must indemnify the employer against compensation liability (section 60), must notify renewal at least 30 days before expiry (section 61) and must include a provision dealing with under-reporting of wages by the employer (section 66). The Regulation also sets out the licensing regime for insurers (Part 9) and self-insurers (Part 10), including application requirements, conditions of licences, and the regulator’s powers to suspend or cancel licences for non-compliance. Part 10A provides for compliance and financial audits of licensees. Schedule 1 lists diseases that are related to employment for the purposes of section 28 of the Act, covering infectious diseases, malignancies, respiratory diseases, musculoskeletal conditions and acute poisoning. Schedule 3 prescribes which decisions are reviewable and which are subject to internal review. The Regulation also empowers the Minister to approve medical guidelines (section 5), clinically relevant research (section 7), protocols about conciliation (section 47), documents and information (section 100), and protocols for licensed insurers and self-insurers (section 101). In short, the Regulation furnishes the detailed machinery , procedural, evidential, administrative and enforcement , that gives effect to the workers compensation scheme in the Australian Capital Territory.