Tasmania act

Workers Rehabilitation and Compensation Act 1988

In ForceTAS

Jurisdiction

Tasmania

Act Number

4 of 1988

Collection

act

Plain English Summary

8/10 complexity

This Act sets up Tasmania’s workers’ rehabilitation and compensation scheme. It defines who counts as a worker, how injuries and permanent impairment are assessed, the formulas and time limits for weekly and lump‑sum payments, insurer and employer duties, rehabilitation and return‑to‑work requirements, Tribunal dispute processes, and limits on pursuing damages.

It affects injured workers, employers, licensed insurers, medical and rehabilitation providers, and the WorkCover Board because it determines who pays, what services are covered, how benefits are calculated, when entitlements stop, and when a damages claim is allowed.

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What it does

The Workers Rehabilitation and Compensation Act 1988 (Tas) is Tasmania's central workers compensation statute. It establishes a compulsory, no-fault insurance scheme under which employers are liable to compensate workers for workplace injuries and diseases and to fund their rehabilitation and return to work. The Act has been significantly amended over its three-decade history, most recently by the Workers Rehabilitation and Compensation Amendment Act 2025 (No. 17 of 2025).

The Act's six objects are set out in section 2A: prompt and effective injury management promoting return to work; fair and appropriate compensation; reducing workplace injury incidence; effective and economical dispute resolution; efficient and effective administration; and a fair, affordable, efficient and effective overall scheme. These objects guide interpretation of the Act's operative provisions.

Part II establishes WorkCover Tasmania (previously the WorkCover Tasmania Board) as the regulatory authority. Parts III and IV set out compensation entitlements and rehabilitation obligations. Part V provides for dispute resolution. Parts IX to XIII deal with insurance, licensing, and the compensation fund.

Main concepts

Worker: A person who has entered into a contract of service or training contract with an employer. The definition has broad application across Part I.

Current sections

Direct links to the current provisions in Workers Rehabilitation and Compensation Act 1988.

361

Part I

Preliminary

Part I Preliminary

Short title

1 Short title

*[Section 1 Amended by No. 16 of 1995, s. 5 ]*This Act may be cited as the Workers Rehabilitation and Compensation Act 1988 .

Commencement

2 Commencement

(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

(2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation.

Objects of Act

2A Objects of Act

[Section 2A Inserted by No. 85 of 2009, s. 5, Applied:01 Jul 2010] The objects of this Act are to establish a rehabilitation and compensation scheme for workplace injuries that –

(a) provides for the prompt and effective management of workplace injuries in a manner that promotes and assists the return to work of injured workers as soon as possible; and

(b) provides fair and appropriate compensation to workers and their dependants for workplace injuries; and

(c) assists in securing the health, safety and welfare of workers and in reducing the incidence of workplace injuries; and

(d) provides an effective and economical mechanism for resolving disputes relating to the treatment and management of, and compensation in relation to, workplace injuries; and

(e) is efficiently and effectively administered; and

(f) is fair, affordable, efficient and effective.

Interpretation

3 Interpretation

(1) *[Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 50 of 1992, s. 4 ][Section 3 Subsection (1) amended by No. 27 of 1993, s. 35 and Sched. 3 ][Section 3 Subsection (1) amended by No. 43 of 1993, s. 4 ][Section 3 Subsection (1) amended by No. 44 of 1993, s. 20 ][Section 3 Subsection (1) amended by No. 49 of 1994, s. 4 ][Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 16 of 1995, s. 6 ][Section 3 Subsection (1) amended by No. 48 of 1996, s. 4 ]*In this Act, unless the contrary intention appears –

[Section 3 Subsection (1) amended by No. 39 of 2017, s. 4, Applied:01 Jan 2018] accredited medical practitioner means a medical practitioner accredited under section 77C to assess the degree of a worker's permanent impairment;

[Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] [Section 3 Subsection (1) amended by No. 17 of 2025, s. 12, Applied:01 Dec 2025]

[Section 3 Subsection (1) amended by No. 17 of 2025, s. 12, Applied:01 Dec 2025] accredited person means –

(a) in relation to the issuing of a certificate under this Act –

(i) a nurse practitioner acting in accordance with section 77I ; and

(ii) a person accredited under section 77C ; and

(b) in any other case, a person accredited under section 77C ;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] AMA Guides means –

(a) the American Medical Association Guides to the Evaluation of Permanent Impairment, fourth edition, as modified by this Act; or

(b) such later edition of those Guides as may be prescribed, as modified by this Act;

applicant means a person who has referred a claim for compensation to the Tribunal under this Act or an agent of that person;

application means an application referred to in section 42 (2) ;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] arbitrated hearing means a hearing under Division 3 of Part V ;

authorized officer means a person appointed as, or authorized to perform the functions and exercise the powers of, an authorized officer under section 150A ;

[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 3 Subsection (1) amended by No. 36 of 2017, s. 24, Applied:19 Sep 2017]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] basic salary means –

(a) during the year beginning 1 January 1991, $311·30; and

(b) during any subsequent year beginning 1 January, the basic salary for the previous year as varied by the relevant percentage;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] Board means the WorkCover Tasmania Board established under section 8 ;

[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] caring partner, in relation to a person, means –

(a) the person who is in a caring relationship with that person which is the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ; or

(b) the person who was, at the time of the death of the first-mentioned person, in a caring relationship with that person which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004]

claim for compensation means a claim for compensation under this Act and includes any matter or question arising in connection with or incidental to such a claim;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021] [Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]

dependants means such members of the family of the worker in relation to whom the term is used as –

(a) were dependent, wholly or in part, upon the earnings of that worker at the time of his death; or

(b) would have been so dependent but for the incapacity due to the injury;

disease means any ailment, disorder, defect, or morbid condition, whether of sudden or gradual development;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] employer means the person with whom a worker has entered into a contract of service or training contract and may include –

(a) the Crown; and

(b) the employer of any person or class of persons taken to be a worker for the purposes of this Act; and

(c) the legal personal representative of a deceased employer;

financial year means the period of 12 months ending on the last day of June;

Fund means the Workers Rehabilitation and Compensation Fund established under section 145 ;

[Section 3 Subsection (1) amended by No. 39 of 2017, s. 4, Applied:01 Jan 2018] Health Practitioner Regulation National Law means –

(a) the Health Practitioner Regulation National Law –

(i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and

(ii) as it applies as a law of Tasmania or another State or a Territory; and

(b) the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a);

industrial deafness means permanent loss of hearing caused by exposure to industrial noise in a worker's employment;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] [Section 3 Subsection (1) amended by No. 28 of 2011, s. 50, Applied:31 Oct 2011] injury includes –

(a) a disease; and

(b) the recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease where the employment was the major or most significant contributing factor to that recurrence, aggravation, acceleration, exacerbation or deterioration –

but does not, except for the purposes of section 97(1)(b) and (c) , include an asbestos-related disease within the meaning of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] injury management means the management of an injured worker intended to provide the worker with a timely, safe and durable return to work following an injury;

insurer means a body corporate authorized under the Insurance Act 1973 of the Commonwealth to carry on insurance business and includes a person who, at the time a relevant policy of insurance or indemnity was taken out, was so authorized;

licence means a licence issued and in force under Division 2 of Part IX ;

licensed insurer means an insurer who is the holder of a licence and includes a specialized insurer;

[Section 3 Subsection (1) amended by No. 42 of 2007, s. 4, Applied:31 Oct 2007] [Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] [Section 3 Subsection (1) amended by No. 39 of 2017, s. 4, Applied:01 Jan 2018]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] medical panel means a medical panel formed under section 50 ;

[Section 3 Subsection (1) amended by No. 39 of 2017, s. 4, Applied:01 Jan 2018] medical practitioner means –

(a) a person registered under the Health Practitioner Regulation National Law in the medical profession; and

(b) a person who is authorised under a law of another country to carry out all of the functions in respect of which the person would, if they were carried out in Australia, be required to be registered under the Health Practitioner Regulation National Law in the medical profession;

[Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] [Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] [Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] medical question means a question relating to –

(a) the existence, nature or extent of an injury; or

(b) whether an injury is, or is likely to be, permanent or temporary; or

(c) a worker's capacity for work or specific work duties; or

(d) the loss, or the degree of loss, of any of the parts or faculties of the body; or

(e) the permanent loss of the effective use of a part of the body; or

(f) the assessment of the degree of permanent impairment, including whether the impairment is permanent;

(g) [Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] a medical service provided or to be provided to a worker for an injury, including the adequacy, appropriateness or frequency of that service;

member of the family, in relation to a worker, means –

(a) [Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] the spouse, caring partner, father, step-father, grandfather, mother, step-mother, grandmother, son, grandson, daughter, grand-daughter, step-son, step-daughter, brother, sister, half-brother, and half-sister of that worker; or

(b) a person to whom the worker stood in loco parentis;

mining employee means a worker who is engaged in mining operations under a contract of service or apprenticeship with an employer, whether the contract is express or implied or is oral or in writing;

mining operations means –

(a) the disturbing, removing, carting, carrying, sifting, smelting, refining, crushing or otherwise dealing with or treating any rock, stone, quartz, clay, sand, soil, ore or mineral by any method for the purpose of obtaining metals or minerals or for prospecting for metals or minerals; and

(b) any process in connection with the dealing with, treating or handling of, any rock, stone, quartz, clay, sand, soil, ore or mineral for that purpose; and

(c) the dealing with, treating or handling, in connection with a process mentioned in paragraph (a) or (b) , of any by-products or residues produced by, or arising from, that process; and

(d) the cutting, dressing, shaping or working on any stone, granite, marble or other similar substance; and

(e) the quarrying of blue metal or freestone; and

(f) the driving of a tunnel –

but does not include sluicing, dredging or any similar operations or mining for coal or shale, or the quarrying or crushing of any materials required for the construction or maintenance of roads;

motor vehicle has the same meaning as it has in the Motor Accidents (Liabilities and Compensation) Act 1973 ;

Nominal Insurer means the body established as the Nominal Insurer under section 121 ;

[Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] notified dispute means a claim for liability disputed under section 77AA ;

[Section 3 Subsection (1) amended by No. 17 of 2025, s. 12, Applied:01 Dec 2025] nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner;

outworker means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale, in premises not under the management or control of the person giving them out;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021]

permit means a permit issued and in force under Division 2 of Part IX ;

place of residence includes the curtilage, messuages, and appurtenances of the place of residence;

[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]

[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] police officer includes a junior constable and a trainee as defined in the Police Service Act 2003 ;

policy of insurance means a policy of insurance that an employer is required to maintain under section 97 (1) ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021] President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ;

[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 3 Subsection (1) amended by No. 36 of 2017, s. 24, Applied:19 Sep 2017]

[Section 3 Subsection (1) amended by No. 85 of 2009, s. 6, Applied:01 Jul 2010] primary treating medical practitioner, in relation to a worker, means the medical practitioner referred to in a notice given by the worker in accordance with section 143G(1) ;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] psychiatric impairment means an illness of the mind or a disorder of the mind;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021] Registrar has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ;

the regulations means the regulations made and in force under this Act;

repealed Act means the Workers' Compensation Act 1927 ;

second injury scheme means a scheme established by the Board to encourage the employment of injured workers by providing financial incentives to employers in relation to insurance liabilities arising from further injuries to the injured workers;

[Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] Secretary means the Secretary of the Department;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] self-insurer means an employer who is the holder of a permit;

specialized insurer means an insurer or proposed insurer whose business is, or is intended to be, specialized insurance for employers of a particular class or particular classes;

[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] State includes a Territory;

[Section 3 Subsection (1) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] State of connection means the State with which the employment of a worker is connected as determined under Division 2 of Part III ;

[Section 3 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013]

[Section 3 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] training contract has the same meaning as in the Training and Workforce Development Act 2013 ;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 368, Applied:05 Nov 2021] Tribunal means the Tasmanian Civil and Administrative Tribunal;

[Section 3 Subsection (1) amended by No. 42 of 2007, s. 4, Applied:31 Oct 2007] weekly payment means a weekly payment determined in accordance with section 69 ;

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001]

[Section 3 Subsection (1) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] worker means –

(a) [Section 3 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any person who has entered into, or works under, a contract of service or training contract with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is express or implied, or is oral or in writing; and

(b) any person or class of persons taken to be a worker for the purposes of this Act –

and when used in relation to a person who has been injured and is dead, includes the legal personal representatives or dependants of that person or other person to whom or for whose benefit compensation is payable;

workers' compensation insurance business means the business of insuring employers against the employers' liability to their workers under this Act;

[Section 3 Subsection (1) amended by No. 85 of 2009, s. 6, Applied:01 Jul 2010] working day, in relation to a worker's place of employment, means any day on which work is normally carried on at that place;

[Section 3 Subsection (1) amended by No. 85 of 2009, s. 6, Applied:01 Jul 2010] workplace injury, in relation to a worker, means an injury for which the worker's employer is or may be liable to pay compensation under this Act;

[Section 3 Subsection (1) amended by No. 85 of 2009, s. 6, Applied:01 Jul 2010] workplace rehabilitation provider means a person who is accredited under section 77C to provide workplace rehabilitation services;

[Section 3 Subsection (1) amended by No. 85 of 2009, s. 6, Applied:01 Jul 2010] workplace rehabilitation services means –

(a) initial workplace rehabilitation assessment; or

(b) assessment of the functional capacity of a worker; or

(c) workplace assessment; or

(d) job analysis; or

(e) advice concerning job modification; or

(f) rehabilitation counselling; or

(g) vocational assessment; or

(h) [Section 3 Subsection (1) amended by No. 39 of 2017, s. 4, Applied:01 Jan 2018]

(i) [Section 3 Subsection (1) amended by No. 39 of 2017, s. 4, Applied:01 Jan 2018]

(j) any other service that is prescribed by the regulations.

(2) [Section 3 Subsection (2) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] [Section 3 Subsection (2) amended by No. 65 of 2004, s. 4, Applied:17 Dec 2004] For the purposes of this Act, a person who is engaged in plying for hire with a vehicle or vessel, the use of which is obtained from the owner of the vehicle or vessel under a contract of bailment (other than a hire-purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings of the vehicle or vessel, shall be deemed to be a worker employed by that owner.

(2A) [Section 3 Subsection (2A) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] [Section 3 Subsection (2A) amended by No. 99 of 2000, s. 4, Applied:01 Jul 2001] *[Section 3 Subsection (2A) inserted by No. 16 of 1995, s. 6 ]*For the purposes of this Act, employment contributed to a disease to a substantial degree only if it is the major or most significant factor.

(3) For the purposes of this Act, the exercise and performance of the powers and duties of a local or other public authority shall be deemed to be the carrying on by such authority of a trade or business.

(4) At the request of the governing body of a church, the Minister –

(a) may, by notice published in the Gazette, declare that clergymen, as defined in the notice, of that church shall be deemed to be workers for the purposes of this Act and, where he makes such a declaration, the Minister shall also declare, in the same notice, by whom such clergymen are, for those purposes, deemed to be employed; and

(b) may at any time, by subsequent notice so published, revoke or amend the first-mentioned notice –

and the notice so published has effect according to its terms as if they were provided in this Act.

(5) For the purposes of this Act, where a worker suffers an injury that is a disease, that injury shall be deemed to have occurred –

(a) on the day on which the worker became totally or partially incapacitated by reason of that injury; or

(b) if a day cannot be ascertained under paragraph (a) , on the day on which a medical practitioner has certified that the worker was first incapacitated by reason of that injury.

(5A) *[Section 3 Subsection (5A) inserted by No. 16 of 1995, s. 6 ]*Nothing in subsection (5) precludes a worker who suffers from industrial deafness from maintaining a claim for compensation under the relevant provisions of this Act notwithstanding that the deafness did not cause incapacity.

(6) *[Section 3 Subsection (6) amended by No. 50 of 1992, s. 10 ]**[Section 3 Subsection (6) amended by No. 16 of 1995, s. 6 ]*Where a medical practitioner is unable to certify as to the day on which a worker was first incapacitated by reason of an injury referred to in subsection (5) or where there is a dispute as to the day on which such an injury occurred, the matter may be referred by the worker or his employer, to the Tribunal for determination as to the day on which the injury occurred and the day so determined by the Tribunal shall be deemed to be the day on which that injury occurred.

Application of Act

4 Application of Act

(1) This Act binds the Crown, not only in right of Tasmania but also, so far as the legislative power of Parliament permits, in all its other capacities and, accordingly, applies in respect of a worker employed by or on behalf of the Crown.

(2) For the purposes of this Act, a police officer shall be deemed to be in the service of the Crown.

(3) This Act does not apply in respect of an injury which occurred before the day fixed under section 2 (2) .

(4) In relation to an injury to which this Act does not apply by virtue of subsection (3) , the repealed Act continues to apply as if this Act had not been enacted and any claim, application, matter, or proceeding in relation to such an injury shall be heard and determined as if this Act had not been enacted.

(5) This Act shall not apply to any person –

(a) [Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001] whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer's trade or business; or

(b) [Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001] who is an outworker; or

(c) who is a domestic servant in a private family, and has not completed 48 hours' employment with the same employer at the time when he suffers injury; or

(d) [Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001] who is a member of the crew of a fishing boat, and is remunerated wholly or mainly by a share in the profits or gross earnings of that boat; or

(da) [Section 4 Subsection (5) amended by No. 39 of 2017, s. 5, Applied:01 Jan 2018] who is employed by or on behalf of the Crown in right of the Commonwealth or by a person, or body, that is licensed, or taken to be licensed, under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth; or

(e) [Section 4 Subsection (5) amended by No. 99 of 2000, s. 5, Applied:01 Jul 2001] notwithstanding section 4D , who is participating in an approved program of work for unemployment payment under the Social Security Act 1991 of the Commonwealth –

and no such person shall be deemed to be a worker within the meaning of this Act.

Services of workers lent or on hire

4A Services of workers lent or on hire

[Section 4A Inserted by No. 99 of 2000, s. 6, Applied:01 Jul 2001] If an employer lends or hires the services of a worker to another person, the employer continues to be the employer, for the purposes of this Act, of the worker while the worker is working for that other person.

Contractors

4B Contractors

[Section 4B Inserted by No. 99 of 2000, s. 6, Applied:01 Jul 2001]

(1) Subject to subsection (2) , where a person makes a contract with a contractor to perform work exceeding $100 in value that is not work incidental to a trade or business regularly carried on by the contractor in the contractor's own name or under a business or firm name, and the contractor does not sublet the contract or employ any worker, the contractor is taken to be a worker employed by the person making the contract.

(2) If a contractor to whom subsection (1) applies takes out his or her own personal accident insurance, the contractor is taken not to be a worker for the period during which that insurance remains valid.

(3) If a contractor takes out his or her own personal accident insurance, the contractor is to provide the person with whom the contract is made with evidence of the contractor's insurance.

(4) If a contractor does not take out his or her own personal accident insurance, he or she is to advise the person with whom the contract is made that the contractor has not taken out such insurance.

Salespersons

4C Salespersons

[Section 4C Inserted by No. 99 of 2000, s. 6, Applied:01 Jul 2001]

(1) A salesperson, canvasser, collector or other person paid wholly or partly by commission is, for the purposes of this Act, taken to be a worker in the employment of the person by whom the commission is payable, unless the commission is received for or in connection with work incidental to a trade or business regularly carried on by the salesperson, canvasser, collector or other person or by a firm of which he or she is a member.

(2) If more than one employer is employing a salesperson, canvasser, collector or other person at the time of an injury to that person, all the employers are liable to contribute to any compensation payable under this Act in respect of the injury in such proportion as, in default of agreement, the Tribunal determines.

Participants in training programs

4D Participants in training programs

[Section 4D Inserted by No. 99 of 2000, s. 6, Applied:01 Jul 2001]

(1) A training program that includes the provision of workplace-based training and involves the provision of funding by the Commonwealth may be prescribed as a training program for the purposes of this section.

(2) A class of payments may be prescribed as payments that are taken to be wages in respect of a participant in a prescribed training program.

(3) A participant in a prescribed training program is taken to be a worker employed by the person providing the workplace-based training.

(4) A payment prescribed under subsection (2) as wages in respect of a participant in a prescribed training program is, for the purposes of this Act, taken to be the participant's wages in the employment by the person providing the workplace-based training.

(5) This section does not apply in respect of the participation of a person, or an injury received by a person, in a training program before the program was prescribed as a training program.

4DA

Luxury hire car drivers

4DA Luxury hire car drivers

[Section 4DA Inserted by No. 42 of 2007, s. 5, Applied:31 Oct 2007]

(1) A person who operates a vehicle as a luxury hire car with the consent or authority of the licensee is, while driving the vehicle or performing any associated activity, taken to be a worker employed by the licensee.

(2) [Section 4DA Subsection (2) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] Subsection (1) does not apply if the driver of the luxury hire car is also the licensee.

(3) In this section –

[Section 4DA Subsection (3) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] [Section 4DA Subsection (3) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] licensee means the holder of a luxury hire car licence under the Taxi and Hire Vehicle Industries Act 2008 ;

[Section 4DA Subsection (3) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008]

[Section 4DA Subsection (3) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] [Section 4DA Subsection (3) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] luxury hire car means a vehicle in respect of which a luxury hire car licence is in force under the Taxi and Hire Vehicle Industries Act 2008 .

4DB

Taxi drivers

4DB Taxi drivers

[Section 4DB Inserted by No. 42 of 2007, s. 5, Applied:31 Oct 2007]

(1) [Section 4DB Subsection (1) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] A person who operates a vehicle as a taxi with the consent or authority of the responsible operator of a taxi service provided under the authority of a taxi licence is, while driving the taxi or performing any associated activity, taken to be a worker employed by the responsible operator.

(2) [Section 4DB Subsection (2) amended by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] Subsection (1) does not apply if the driver of the taxi is also the responsible operator.

(3) [Section 4DB Subsection (3) substituted by No. 31 of 2008, Sched. 1, Applied:24 Sep 2008] In this section –

responsible operator means –

(a) [Section 4DB Subsection (3) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] in respect of a perpetual taxi licence within the meaning of the Taxi and Hire Vehicle Industries Act 2008 –

(i) if an assignment or leasing arrangement is in force under section 11 of that Act, the person who, by virtue of that section, is the responsible operator; or

(ii) if no such assignment or leasing arrangement is in force, the owner of the perpetual taxi licence; or

(b) [Section 4DB Subsection (3) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] in respect of an owner-operator taxi licence, wheelchair-accessible taxi licence or temporary taxi licence within the meaning of the Taxi and Hire Vehicle Industries Act 2008 , the holder of that licence;

[Section 4DB Subsection (3) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] taxi has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ;

[Section 4DB Subsection (3) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] taxi licence means a licence in force under Part 3 of the Taxi and Hire Vehicle Industries Act 2008 .

4DC

Jockeys

4DC Jockeys

[Section 4DC Inserted by No. 42 of 2007, s. 6, Applied:01 Nov 2007]

(1) [Section 4DC Subsection (1) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] [Section 4DC Subsection (1) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] Notwithstanding section 7 , a jockey or apprentice who holds a licence or permit to ride in accordance with the Rules of Racing and who –

(a) is engaged to ride a horse for fee or reward at a race meeting or official trial held in Tasmania under the Rules of Racing; or

(b) is engaged to ride a thoroughbred horse in a training session in Tasmania conducted by a licensed trainer or his or her delegate –

is to be taken for the purposes of this Act, while performing such riding work, to be a worker employed by Tasracing.

(2) For the purposes of determining any compensation payable to or in respect of a person to whom subsection (1) applies –

(a) [Section 4DC Subsection (2) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] he or she is taken to have been continuously employed by Tasracing for the period during which he or she has continuously held a permit or licence under the Rules of Racing; and

(b) [Section 4DC Subsection (2) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (2) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] any earnings from riding engagements in another State during the 12 months immediately before the period of incapacity, or during the period for which he or she held a licence to ride, are to be taken to be earnings received in the employment of Tasracing.

(3) Notwithstanding section 69 , the normal weekly earnings of a person to whom subsection (1) applies are not to exceed 2 times the basic salary.

(4) In this section –[Section 4DC Subsection (4) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (4) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (4) amended by No. 14 of 2024, s. 29, Applied:01 Feb 2025]

[Section 4DC Subsection (4) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (4) amended by No. 14 of 2024, s. 29, Applied:01 Feb 2025] licensed means licensed by Tasracing;

[Section 4DC Subsection (4) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (4) amended by No. 14 of 2024, s. 29, Applied:01 Feb 2025] Rules of Racing means the Rules of Racing for thoroughbred racing made and in force under the Racing Regulation and Integrity Act 2024 ;

[Section 4DC Subsection (4) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 4DC Subsection (4) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009]

[Section 4DC Subsection (4) amended by No. 26 of 2009, Sched. 1, Applied:01 Jul 2009] Tasracing means Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 .

Prescribed relationship

4E Prescribed relationship

[Section 4E Inserted by No. 65 of 2004, s. 5, Applied:17 Dec 2004] A relationship between a certain person, or class of persons, and an organisation or class of organisations may, for the purposes of this Act, be prescribed as a relationship between a worker and an employer.

Persons engaged in fire-fighting operations and fire prevention operations

5 Persons engaged in fire-fighting operations and fire prevention operations

(1) [Section 5 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] *[Section 5 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 5 Subsection (1) amended by No. 48 of 1996, s. 5 ]*A person who, otherwise than under a contract for services, a contract of service, or training contract with the Secretary of the responsible Department in relation to the Fire Service Act 1979 , the State Fire Commission or any brigade within the meaning of the Fire Service Act 1979 , engages in fire-fighting operations or fire prevention operations with the consent of or under the authority of or in co-operation with the Secretary of that responsible Department, the State Fire Commission or any brigade within the meaning of the Fire Service Act 1979 shall, while so engaged, be deemed to be a worker employed by the Crown.

(2) *[Section 5 Subsection (2) amended by No. 16 of 1995, s. 7 ]*For the purposes of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, his normal weekly earnings shall –

(a) if he was working under a contract of service with any person immediately before engaging in the operations referred to in that subsection, be computed according to his earnings under that contract; and

(b) [Section 5 Subsection (2) amended by No. 99 of 2000, s. 7, Applied:01 Jul 2001] if he was not working under a contract of service immediately before engaging in those operations, be the basic salary.

(3) In this section –

fire-fighting operations includes –

(a) any act that is necessary or expedient for or directed towards –

(i) extinguishing a fire;

(ii) preventing the spread of a fire;

(iii) saving life or preventing injury to persons by a fire;

(iv) preventing property from being destroyed or damaged by fire;

(v) providing sustenance for persons performing any act referred to in subparagraphs (i) , (ii) , (iii) , and (iv) ; or

(vi) taking action to prevent the outbreak of fire; and

(b) the undergoing of training in relation to all or any acts specified in subparagraphs (i) , (ii) , (iii) , (iv) , or (vi) ;

fire prevention operations means any operations carried on, or any work or other acts done, for the purpose of preventing the outbreak of fire or abating the danger of fire, and includes the undergoing of training in relation to any of those operations or acts or that work.

(4) For the purposes of this section any meeting, competition, or demonstration related to the prevention, control, or extinguishment of fires shall be deemed to be training.

Persons engaged in providing ambulance services

6 Persons engaged in providing ambulance services

(1) [Section 6 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] *[Section 6 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 6 Subsection (1) amended by No. 48 of 1996, s. 6 ]*A person who, otherwise than under a contract for services, a contract of service, or training contract with the Secretary of the responsible Department in relation to the Ambulance Service Act 1982 or the Commissioner for Ambulance Services, engages in ambulance services with the consent of or under the authority of or in co-operation with the Secretary of that responsible Department, the Commissioner for Ambulance Services or any officer of the Ambulance Service (or in pursuance of an arrangement made with him by the Commissioner for Ambulance Services in the exercise of the performance of his functions under the Ambulance Service Act 1982 ) shall, while so engaged, be deemed to be a worker employed by the Crown.

(1A) [Section 6 Subsection (1A) inserted by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] For the avoidance of doubt, subsection (1) does not apply to –

(a) a person providing ambulance services for, or on behalf of, a commercial business or commercial organisation; or

(b) a person providing ambulance services in this State in accordance with an interstate arrangement within the meaning of section 38A of the Ambulance Service Act 1982 .

(2) *[Section 6 Subsection (2) amended by No. 16 of 1995, s. 8 ]*For the purpose of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, his normal weekly earnings shall –

(a) if he was working under a contract of service with any person immediately before engaging in ambulance services pursuant to that subsection, be computed according to his earnings under that contract; and

(b) [Section 6 Subsection (2) amended by No. 99 of 2000, s. 8, Applied:01 Jul 2001] if he was not working under a contract of service immediately before engaging in ambulance services pursuant to that subsection, be the basic salary.

(3) References in this section to engaging in ambulance services shall be construed as including references to the undergoing of training or instruction in those services.

(4) [Section 6 Subsection (4) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] For the purposes of this section, ambulance services, Commissioner, and officer of the Ambulance Service have the meaning assigned to those expressions by section 3 of the Ambulance Service Act 1982 .

Police volunteers

6A Police volunteers

[Section 6A Inserted by No. 16 of 1995, s. 9 ]

(1) [Section 6A Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6A Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 6A Subsection (1) amended by No. 48 of 1996, s. 7 ] A person who, otherwise than under a contract for services, contract of service or training contract with the Secretary of the responsible Department in relation to the Police Service Act 2003 , performs police operations with the consent of, under the authority of, or in co-operation with, the Secretary of that responsible Department is, while so engaged, taken to be a worker employed by the Crown.

(2) For the purpose of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, the normal weekly earnings of that person are –

(a) if the person was working under a contract of service with any person immediately before assisting the police officer, to be computed according to the person's earnings under that contract; and

(b) [Section 6A Subsection (2) amended by No. 99 of 2000, s. 9, Applied:01 Jul 2001] if the person was not working under a contract of service immediately before assisting the police officer, to be the basic salary.

(3) For the purposes of subsection (1) , police operations means –

(a) marine search and rescue operations within the meaning of the Marine Search and Rescue Act 1971 ; and

(b) operations required for the purpose of searching for or bringing to safety –

(i) persons in danger in the State; or

(ii) persons in need of assistance as a result of a casualty occurring in the State; or

(iii) persons suffering from illness or injury in the State who require assistance that is not immediately available to them; and

(c) operations required for the purpose of protecting property in the State.

Prescribed classes of volunteers

6B Prescribed classes of volunteers

[Section 6B Inserted by No. 16 of 1995, s. 9 ]

(1) Persons of a prescribed class who voluntarily perform work of a prescribed class which is of benefit to the State are taken to be workers employed by the Crown.

(2) For the purpose of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, the normal weekly earnings of that person are –

(a) if the person was working under a contract of service with any person immediately before voluntarily performing work of the prescribed class, to be computed according to the person's earnings under that contract; and

(b) [Section 6B Subsection (2) amended by No. 99 of 2000, s. 10, Applied:01 Jul 2001] if the person was not working under a contract of service immediately before voluntarily performing work of the prescribed class, to be the basic salary.

Exclusion of certain persons who are contestants in sporting activities

7 Exclusion of certain persons who are contestants in sporting activities

A person is deemed not to be a worker within the meaning of this Act while he is, pursuant to a contract –

(a) participating as a contestant in any sporting or athletic activity;

(b) engaged in training or preparing himself with a view to his so participating; or

(c) travelling in connection with his so participating or being so engaged –

if, under that contract, he is not entitled to any remuneration other than remuneration for the doing of those things.

Part V to apply to all claims for compensation, &c., referred to Tribunal

7A Part V to apply to all claims for compensation, &c., referred to Tribunal

*[Section 7A Inserted by No. 50 of 1992, s. 5 ]**[Section 7A Amended by No. 16 of 1995, s. 91 and Sched. 1 ]*Where in this Act it is provided that any claim for compensation or any dispute relating to a claim for compensation may or must be referred to the Tribunal by any person, a person who refers a claim for compensation or a dispute relating to such a claim to the Tribunal in pursuance of such a provision must do so in accordance with section 42 and the provisions of Part V apply to the determination, resolution or review of the claim for compensation or dispute.

Part II

Administration

Part II Administration

Division 1

WorkCover Tasmania Board

Division 1 WorkCover Tasmania Board

[Division 1 of Part II Heading amended by No. 99 of 2000, s. 11, Applied:01 Jul 2001] [Division 1 of Part II Heading substituted by No. 16 of 1995, s. 10 ]

WorkCover Tasmania Board

8 WorkCover Tasmania Board

[Section 8 Substituted by No. 16 of 1995, s. 11 ][Section 8 Substituted by No. 99 of 2000, s. 12, Applied:01 Jul 2001]

(1) The Workplace Safety Board of Tasmania is abolished and the WorkCover Tasmania Board is established.

(2) The corporate name of the Board is "WorkCover Tasmania".

(3) The Board –

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name.

(4) Schedule 10 has effect.

Membership of Board

9 Membership of Board

[Section 9 Substituted by No. 16 of 1995, s. 12 ]

(1) [Section 9 Subsection (1) amended by No. 48 of 1996, s. 8 ][Section 9 Subsection (1) substituted by No. 99 of 2000, s. 13, Applied:01 Jul 2001] The Board consists of –

(a) the Secretary of the Department, or a person nominated by the Secretary, who is to be the chairperson; and

(b) [Section 9 Subsection (1) amended by No. 39 of 2017, s. 6, Applied:01 Jan 2018] subject to subsection (5) , 5 persons nominated by the Minister –

(i) one of whom is to be a medical practitioner, or a registered nurse, with expertise in evidence-based management of work-related injuries; and

(ii) one of whom is to be an Australian lawyer with experience in workers rehabilitation and compensation matters; and

(iii) one of whom is to be a person with extensive experience in the workers compensation insurance industry; and

(iv) one of whom is to be a person with expertise in the evidence base related to management of work-related injuries and who advocates for, or has experience in respect of, the interests of injured workers; and

(v) one of whom is to be a person with expertise in the evidence base related to management of work-related injuries and who advocates for, or has experience in respect of, the interests of employers.

(c) [Section 9 Subsection (1) amended by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(d) [Section 9 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 9 Subsection (1) amended by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(e) [Section 9 Subsection (1) amended by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(f) [Section 9 Subsection (1) amended by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(2) [Section 9 Subsection (2) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(3) [Section 9 Subsection (3) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(4) [Section 9 Subsection (4) amended by No. 39 of 2017, s. 6, Applied:01 Jan 2018] [Section 9 Subsection (4) amended by No. 42 of 2007, s. 7, Applied:31 Oct 2007] [Section 9 Subsection (4) amended by No. 99 of 2000, s. 13, Applied:01 Jul 2001] *[Section 9 Subsection (4) amended by No. 48 of 1996, s. 8 ]*The members of the Board referred to in subsection (1)(b) are to be appointed by the Governor.

(5) [Section 9 Subsection (5) amended by No. 42 of 2007, s. 7, Applied:31 Oct 2007] In nominating a person for appointment as a member of the Board, the Minister or the Secretary, as the case may be, is to take into account–

(a) the functions of the Board; and

(b) the skills required of a member to enable the Board to carry out its functions effectively.

(6) [Section 9 Subsection (6) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(7) [Section 9 Subsection (7) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(8) [Section 9 Subsection (8) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(9) [Section 9 Subsection (9) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(10) [Section 9 Subsection (10) omitted by No. 39 of 2017, s. 6, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(11) Schedule 1 has effect with respect to membership of a Board.

(12) Schedule 2 has effect with respect to meetings of a Board.

Functions of Board

10 Functions of Board

[Section 10 Amended by No. 16 of 1995, s. 13 ][Section 10 Substituted by No. 99 of 2000, s. 14, Applied:01 Jul 2001] In addition to the functions conferred or imposed on it by any other provision of this Act or any other Act, the Board has the following functions:

(a) to make recommendations to the Minister on –

(i) [Section 10 Amended by No. 2 of 2012, s. 109, Applied:01 Jan 2013] the policy and objectives of legislation relating to workers rehabilitation and compensation in this State; and

(ii) the amendment or replacement of that legislation;

(b) to monitor and report to the Minister on the operation and effectiveness of that legislation and on the performance of the systems to which the legislation relates;

(c) [Section 10 Amended by No. 2 of 2012, s. 109, Applied:01 Jan 2013] [Section 10 Amended by No. 39 of 2017, s. 7, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(d) to control and administer the Fund;

(e) [Section 10 Amended by No. 2 of 2012, s. 109, Applied:01 Jan 2013] .  .  .  .  .  .  .  .

(f) [Section 10 Amended by No. 85 of 2009, s. 7, Applied:01 Jul 2010] [Section 10 Amended by No. 39 of 2017, s. 7, Applied:01 Jan 2018] to promote and support the purpose and principles of injury management and to encourage and support the return to work of injured workers as soon as possible;

(g) to review and monitor the performance of licensed insurers and self-insurers and the operation of the Nominal Insurer;

(h) [Section 10 Amended by No. 39 of 2017, s. 7, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(i) to collect and publish statistics on any matter the Board considers necessary or relevant to the performance of its functions under, or the administration of, this Act;

(j) [Section 10 Amended by No. 2 of 2012, s. 109, Applied:01 Jan 2013] to promote understanding of this Act through education and any other appropriate means;

(k) to advise the Minister on any matter relating to this Act that the Minister refers to the Board;

(l) [Section 10 Amended by No. 39 of 2017, s. 7, Applied:01 Jan 2018] .  .  .  .  .  .  .  .

(m) such other functions as may be prescribed.

Powers of Board

11 Powers of Board

(1) The Board may do all things necessary and convenient to be done for or in connection with, or incidental to, the performance of its functions under this Act or any other Act.

(2) The generality of subsection (1) shall not be taken to be limited by any other provision of this Act conferring a power on the Board.

(3) The Board may establish committees to advise the Board on any aspect of its functions.

(4) *[Section 11 Subsection (4) inserted by No. 16 of 1995, s. 14 ]*The Board may establish and administer a second injury scheme.

11A

Minister may give directions

11A Minister may give directions

[Section 11A Inserted by No. 16 of 1995, s. 15 ]

(1) The Minister may give a direction in writing to the Board with respect to the performance of its functions and the exercise of its powers under this or any other Act.

(2) If the Board has been given a written direction under subsection (1) , the Board is to publish that direction in its next annual report under section 15 .

(3) Within 21 days after receiving a direction under subsection (1) , the Board may object to the direction on any ground.

(4) An objection is to –

(a) be in writing; and

(b) specify the grounds for the objection; and

(c) be provided to the Minister.

(5) If, after receiving an objection, the Minister determines that a direction is not to be withdrawn or amended, the Minister must cause a copy of the direction and the objection to be laid before each House of Parliament within 10 sitting days of receiving the objection.

(6) The Board must perform its functions and exercise its powers in a manner that is consistent with a direction if –

(a) the Board has not objected to the direction within the period specified in subsection (3) ; or

(b) the Board has objected to the direction and the direction has been tabled in both Houses of Parliament; or

(c) the Board has withdrawn its objection.

Disclosure of interest

12 Disclosure of interest

(1) [Section 12 Subsection (1) amended by No. 39 of 2017, s. 8, Applied:01 Jan 2018] A member of the Board who has a direct or indirect interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Board (otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons and of which he is not a director) shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.

(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board and the member shall not be present during, or take part in, any deliberation or decision of the Board in relation to that matter.

Delegation by Board

13 Delegation by Board

(1) The Board may, by instrument in writing under its common seal, delegate to a person specified in the instrument the performance or exercise of such of its functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing under its common seal, revoke wholly or in part any such delegation.

(2) A function or power the performance or exercise of which has been delegated under this section may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.

(3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.

(4) Notwithstanding any delegation under this section, the Board may continue to perform or exercise all or any of the functions or powers delegated.

(5) Any act or thing done by, or to, a delegate of the Board while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by, or to, the Board and shall be deemed to have been done by, or to, the Board.

(6) An instrument purporting to be signed by a delegate of the Board in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Board under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Board under this section.

(7) Where the exercise of a power by the Board is dependent on the opinion or belief of the Board, a delegate of the Board under this section may, in exercising that power, act on his own opinion or belief.

Secretary to Board

14 Secretary to Board

(1) [Section 14 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 14 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 14 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Board may, with the approval of the Head of a State Service Agency, appoint a State Service officer or State Service employee employed in that Agency to be secretary to the Board and that officer or employee may hold that office in conjunction with State Service employment.

(2) [Section 14 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 14 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 14 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Board may make arrangements with the Head of a State Service Agency for such State Service officers and State Service employees employed in that Agency as may be necessary to be made available to the Board to enable it to perform its functions under this Act, and such officers and employees may, in conjunction with State Service employment, serve the Board in any capacity.

Annual report

15 Annual report

(1) [Section 15 Subsection (1) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003] *[Section 15 Subsection (1) amended by No. 16 of 1995, s. 16 ]*The Board shall, not later than 31 October after the end of each financial year, submit to the Minister, in relation to that financial year, a report of its operations.

(1A) [Section 15 Subsection (1A) inserted by No. 16 of 1995, s. 16 ][Section 15 Subsection (1A) omitted by No. 99 of 2000, s. 15, Applied:01 Jul 2001] . . . . . . . .

(2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament within the first 15 sitting days of the House after the report is received by him.

Division 2

Provisions relating to Tribunal

Division 2 Provisions relating to Tribunal

[Division 2 of Part II Heading amended by No. 18 of 2021, s. 369, Applied:05 Nov 2021] [Division 2 of Part II Heading amended by No. 16 of 1995, s. 91 and Sched. 1 ]

16.

[Section 16 Substituted by No. 16 of 1995, s. 17 ] [Section 16 Repealed by No. 18 of 2021, s. 370, Applied:05 Nov 2021]

17.

[Section 17 Substituted by No. 16 of 1995, s. 17 ] [Section 17 Repealed by No. 18 of 2021, s. 370, Applied:05 Nov 2021]

17A.

[Section 17A Inserted by No. 16 of 1995, s. 17 ] [Section 17A Subsection (2) amended by No. 36 of 2017, s. 25, Applied:19 Sep 2017] [Section 17A Repealed by No. 18 of 2021, s. 370, Applied:05 Nov 2021]

17B.

[Section 17B Inserted by No. 16 of 1995, s. 17 ] [Section 17B Subsection (2) amended by No. 36 of 2017, s. 26, Applied:19 Sep 2017] [Section 17B Repealed by No. 18 of 2021, s. 370, Applied:05 Nov 2021]

18.

[Section 18 Subsection (1) amended by No. 36 of 2017, s. 27, Applied:19 Sep 2017] [Section 18 Subsection (1) amended by No. 16 of 1995, s. 18 ] [Section 18 Subsection (4) amended by No. 16 of 1995, s. 18 ] [Section 18 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 18 Subsection (5) amended by No. 16 of 1995, s. 18 ] [Section 18 Subsection (6) amended by No. 16 of 1995, s. 18 ] [Section 18 Subsection (9) amended by No. 16 of 1995, s. 18 ] [Section 18 Subsection (10) amended by No. 16 of 1995, s. 18 ] [Section 18 Repealed by No. 18 of 2021, s. 370, Applied:05 Nov 2021]

19.

[Section 19 Subsection (1) amended by No. 16 of 1995, s. 19 ] [Section 19 Subsection (1) amended by No. 36 of 2017, s. 28, Applied:19 Sep 2017] [Section 19 Subsection (1) amended by No. 13 of 1989, s. 19 ] [Section 19 Subsection (2) amended by No. 16 of 1995, s. 19 ] [Section 19 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 19 Subsection (5) omitted by No. 16 of 1995, s. 19 ] [Section 19 Subsection (6) omitted by No. 16 of 1995, s. 19 ] [Section 19 Subsection (7) omitted by No. 16 of 1995, s. 19 ] [Section 19 Repealed by No. 18 of 2021, s. 370, Applied:05 Nov 2021]

Functions of Tribunal

20 Functions of Tribunal

[Section 20 Amended by No. 44 of 1993, s. 21 ][Section 20 Amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 20 Amended by No. 16 of 1995, s. 91 and Sched. 1 ][Section 20 Amended by No. 18 of 2021, s. 371, Applied:05 Nov 2021] The functions of the Tribunal under this Act are as follows:

(a) to determine all claims for compensation referred to it under this Act;

(b) to determine such other matters as are referred to it under this Act;

(c) to exercise the powers conferred, and the duties imposed, on it elsewhere in this Act;

(d) to hear and determine any appeal referred to the Tribunal under the Workers' (Occupational Diseases) Relief Fund Act 1954 .

21.

[Section 21 Substituted by No. 16 of 1995, s. 20 ] [Section 21 Repealed by No. 18 of 2021, s. 372, Applied:05 Nov 2021]

Record of Tribunal

22 Record of Tribunal

(1) [Section 22 Subsection (1) amended by No. 18 of 2021, s. 373, Applied:05 Nov 2021] *[Section 22 Subsection (1) amended by No. 43 of 1993, s. 5 ]**[Section 22 Subsection (1) amended by No. 16 of 1995, s. 21 ]*The record of the Tribunal in respect of a proceeding to which this Act relates consists of–

(a) the application lodged with the Registrar that relates to that proceeding;

(b) a summary of the facts of the matter to be resolved in the relevant claim for compensation as determined and recorded by the Tribunal during the hearing of that claim;

(c) any written medical advice or medical opinion provided to the Tribunal pursuant to section 54 by a medical panel to which, or a medical practitioner to whom, a medical question has been referred pursuant to section 49 (3) ;

(d) [Section 22 Subsection (1) amended by No. 85 of 2009, s. 8, Applied:01 Jul 2010] the recording made pursuant to section 56 (2) ;

(e) any notes of the proceeding made by the Tribunal; and

(f) any order made by the Tribunal in relation to that proceeding.

(2) [Section 22 Subsection (2) amended by No. 18 of 2021, s. 373, Applied:05 Nov 2021] *[Section 22 Subsection (2) amended by No. 16 of 1995, s. 21 ]*The record of the Tribunal in respect of a proceeding to which this Act relates–

(a) shall be open for inspection free of charge by a party to the proceeding and a person acting with the authority of a party to the proceeding; and

(b) shall be available for production before a court or a judge for the purposes of any proceedings before the court or judge.

Jurisdiction of Tribunal

23 Jurisdiction of Tribunal

[Section 23 Substituted by No. 16 of 1995, s. 22 ]

(1) [Section 23 Subsection (1) amended by No. 18 of 2021, s. 374, Applied:05 Nov 2021] The Tribunal has jurisdiction to perform the functions imposed, and exercise the powers conferred, on it under this Act.

(2) Proceedings in respect of compensation under this Act may not be brought before any person, court or tribunal other than the Tribunal.

(3) Subsection (2) does not apply to appeals to the Supreme Court in respect of any proceedings before the Tribunal.

23A.

[Section 23A Inserted by No. 16 of 1995, s. 23 ] [Section 23A Subsection (1) amended by No. 65 of 2004, s. 6, Applied:17 Dec 2004] [Section 23A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 23A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 23A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 23A Repealed by No. 18 of 2021, s. 375, Applied:05 Nov 2021]

24.

[Section 24 Inserted by No. 16 of 1995, s. 23 ] [Section 24 Subsection (1) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003] [Section 24 Repealed by No. 18 of 2021, s. 375, Applied:05 Nov 2021]

Division 3

[Part II, Div. 3 Repealed by No. 43 of 1993, s. 6 ]

Part III

Entitlement to compensation

Part III Entitlement to compensation

Liability of employers to compensate workers for injuries

25 Liability of employers to compensate workers for injuries

(1) If in any employment –

(a) [Section 25 Subsection (1) amended by No. 42 of 2007, s. 8, Applied:31 Oct 2007] a worker suffers an injury, not being a disease, arising out of or in the course of his employment; or

(b) [Section 25 Subsection (1) amended by No. 99 of 2000, s. 16, Applied:01 Jul 2001] [Section 25 Subsection (1) amended by No. 42 of 2007, s. 8, Applied:31 Oct 2007] a worker suffers an injury, which is a disease and to which his employment contributed to a substantial degree, within the meaning of section 3(2A) –

his employer is, except as is otherwise provided by this Act, liable to pay compensation in accordance with this Act –

(c) to the worker; or

(d) if the injury results in the death of the worker, to the persons who are the worker's dependants at the date of his death or who would, but for any incapacity due to the injury, have been his dependants.

(1A) [Section 25 Subsection (1A) amended by No. 99 of 2000, s. 16, Applied:01 Jul 2001] *[Section 25 Subsection (1A) inserted by No. 16 of 1995, s. 24 ]*Compensation is not payable under this Act in respect of a disease which is an illness of the mind or a disorder of the mind and which arises substantially from–

(a) reasonable action taken in a reasonable manner by an employer to transfer, demote, discipline or counsel a worker or to bring about the cessation of a worker's employment; or

(b) a decision of an employer, based on reasonable grounds, not to award or provide a promotion, transfer or benefit in connection with a worker's employment; or

(c) reasonable administrative action taken in a reasonable manner by an employer in connection with a worker's employment; or

(d) the failure of an employer to take action of a type referred to in paragraph (a) , (b) or (c) in relation to a worker in connection with the worker's employment if there are reasonable grounds for not taking that action; or

(e) [Section 25 Subsection (1A) amended by No. 99 of 2000, s. 16, Applied:01 Jul 2001] reasonable action taken by an employer under this Act in a reasonable manner affecting a worker.

(2) *[Section 25 Subsection (2) amended by No. 16 of 1995, s. 24 ]*Compensation is not payable under this Act in respect of –

(a) any injury which is –

(i) attributable to the serious and wilful misconduct of the worker, unless the injury results in the death or serious and permanent incapacity of the worker; or

(ii) an intentional self-inflicted injury;

(b) [Section 25 Subsection (2) amended by No. 39 of 2017, s. 9, Applied:01 Jan 2018] the disease known as undulant fever or brucellosis, unless a medical practitioner has certified in writing that he is satisfied as to the result of the pathological examination of the blood of the worker that the worker is suffering from that disease; or

(ba) [Section 25 Subsection (2) amended by No. 42 of 2007, s. 8, Applied:31 Oct 2007] coronary heart disease, a diseased heart valve, an aortic aneurism or a cerebral aneurism or any prescribed injury, unless the employment contributed to the disease or injury to a substantial degree; or

(c) any disease, including the disease mentioned in paragraph (b) , in any case where the worker, at the time of entering his employment, wilfully and falsely represented himself in writing as not having previously suffered from that disease.

(3) For the purposes of this Act, an employer is liable, subject to subsection (1) , to pay compensation pursuant to that subsection in respect of an injury suffered by a worker notwithstanding that the worker was, at the time when the injury was suffered, acting in contravention of any statutory or other regulation applicable to his employment, or that he was acting without instructions from his employer, if the act was done by the worker for the purposes of, or in connection with, his employer's trade or business.

(4) [Section 25 Subsection (4) amended by No. 99 of 2000, s. 16, Applied:01 Jul 2001] Where a person ordinarily engages in work in relation to the port or harbour operations at a port or harbour and in connection with that work persons customarily attend at pre-arranged places for the purpose of being selected and engaged for employment in that work, then, in relation to any contract of service by which that person is engaged in that work–

(a) any such place shall be deemed to be a place of employment; and

(b) attendance at any such place for the purpose of being so engaged or otherwise in connection with the employment, shall be deemed to be attendance at a place of employment in pursuance of that contract–

and, in the application of this Act to the person's attendance at such a place, a contract of service by which, on any occasion, he is engaged for employment at such a place shall be deemed to continue until the next occasion on which he is so engaged.

(5) [Section 25 Subsection (5) substituted by No. 16 of 1995, s. 24 ][Section 25 Subsection (5) omitted by No. 42 of 2007, s. 8, Applied:31 Oct 2007] . . . . . . . .

(6) *[Section 25 Subsection (6) substituted by No. 16 of 1995, s. 24 ]*For the purposes of this section, an injury does not arise from a worker's employment if it occurs –

(a) while the worker is travelling in either direction between the worker's place of residence and the worker's place of employment, except where that journey occurred –

(i) at the request or direction of the employer; or

(ii) if the journey is work related, with the authority (expressed or implied) of the employer; or

(b) while the worker is travelling between places where the worker is employed by different employers; or

(c) while the worker, on a working day, is temporarily absent from the worker's place of employment, except where that absence occurs at the request or direction, or, if it is work related, with the authority (expressed or implied), of the employer; or

(d) during a social or sporting activity which takes place away from the worker's place of employment, except where the worker's involvement in that activity forms part of the worker's employment or is undertaken at the request or direction, or with the authority (expressed or implied), of the employer.

(7) [Section 25 Subsection (7) omitted by No. 16 of 1995, s. 24 ][Section 25 Subsection (7) inserted by No. 99 of 2000, s. 16, Applied:01 Jul 2001] For the purposes of subsection (6)(a)(ii) , a journey is not work related by reason only of the fact that it is for the purpose of enabling a worker to travel –

(a) to his or her place of employment from his or her place of residence; or

(b) to his or her place of residence from his or her place of employment.

(8) *[Section 25 Subsection (8) substituted by No. 44 of 1993, s. 22 ]**[Section 25 Subsection (8) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*No compensation is payable to a worker under this Part in respect of any disease for which he or she is entitled to compensation as an employee under the Workers' (Occupational Diseases) Relief Fund Act 1954 .

25A

Claims for certain diseases arising from mining operations

25A Claims for certain diseases arising from mining operations

[Section 25A Inserted by No. 44 of 1993, s. 23 ]

(1) [Section 25A Subsection (1) amended by No. 42 of 2007, s. 9, Applied:31 Oct 2007] [Section 25A Subsection (1) amended by No. 42 of 2007, s. 9, Applied:31 Oct 2007] Subject to section 25 (2) , where–

(a) a mining employee is suffering from silicosis, carbon-monoxide poisoning, pneumoconiosis, cadmium poisoning, fibrosis of the lungs, ankylostomiasis, lead poisoning and its results, nystagmus, arsenic poisoning or contact dermatitis caused by work; and

(b) he or she has been engaged continuously in mining operations in Tasmania for a period of 2 years immediately before ceasing to be employed as a mining employee and is incapacitated from continuing to work as such–

his or her employment is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that disease.

(2) For the purposes of subsection (1) , a mining employee is taken to have been engaged continuously in mining operations in this State for the period mentioned in that subsection, notwithstanding that he or she may, at any time after that period commenced, have been absent from his or her employment for any periods not exceeding 3 months in the aggregate.

Presumption as to cause of disease

26 Presumption as to cause of disease

[Section 26 Subsection (1) amended by No. 42 of 2007, s. 10, Applied:31 Oct 2007] [Section 26 Substituted by No. 39 of 2017, s. 10, Applied:01 Jan 2018]

(1) The Board, by notice, may specify an occupation, or an exposure, to be an occupation or exposure that is to be presumed to contribute to a substantial degree to a disease specified in the notice.

(2) A notice under subsection (1) may specify an occupation, or an exposure, by adopting, with the modifications, omissions, or additions, if any, specified in the notice, an instrument that –

(a) is made by Safe Work Australia or another person or body that is prescribed; and

(b) specifies an occupation, or an exposure, to be an occupation or exposure that is to be presumed to contribute to a substantial degree to a disease specified in the instrument.

(3) Subject to section 25(2) , if a worker –

(a) suffers a disease that is specified in a notice under subsection (1) ; and

(b) has been employed in an occupation, or has been subject to an exposure at the person's workplace, that is specified in the notice to be presumed to contribute to a substantial degree to the disease –

it is to be presumed, in the absence of evidence to the contrary, that the worker's employment contributed to a substantial degree to that disease.

(4) In this section –

Safe Work Australia means Safe Work Australia established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth.

Presumption as to cause of certain diseases in relation to fire-fighters

27 Presumption as to cause of certain diseases in relation to fire-fighters

[Section 27 Repealed by No. 65 of 2004, s. 8, Applied:17 Dec 2004]

(1) Subject to section 25(2) , where –

(a) a worker suffers an injury –

(i) that is a disease referred to in column 1 of Schedule 5 ; and

(ii) that occurs on or after the day on which this section commences; and

(b) the injury occurs during a period in which the worker is employed as a fire-fighter or within the 10-year period after the worker ceases to be employed as a fire-fighter; and

(c) [Section 27 Subsection (1) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] before the date on which the injury that is a disease referred to in column 1 of Schedule 5 occurred, the worker is employed as a fire-fighter for at least the period specified in column 2 of Schedule 5 opposite the disease –

(d) [Section 27 Subsection (1) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] . . . . . . . .

the worker's employment as a fire-fighter is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that injury.

(2) For the purposes of this section –

(a) [Section 27 Subsection (2) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] a person is employed as a fire-fighter if the person is employed as a career fire-fighter or an occupational fire-fighter or is engaged as a volunteer fire-fighter; and

(b) a reference to employment as a fire-fighter includes a reference to engagement as a volunteer fire-fighter; and

(c) a reference to a period of employment of a worker as a fire-fighter includes a reference to a period –

(i) beginning on the first day on which the worker is a volunteer fire-fighter; and

(ii) ending on the last day, before the worker suffers an injury to which this section relates, on which the worker is a volunteer fire-fighter.

(3) For the purposes of determining a period under subsection (1)(c) , all periods of employment of a worker as a fire-fighter are to be combined.

(4) [Section 27 Subsection (4) omitted by No. 57 of 2017, s. 4, Applied:20 Dec 2017] . . . . . . . .

(5) Despite section 3(5) , where a worker suffers an injury that is a disease, the injury is, for the purposes of this section, to be taken to have occurred on the day on which the worker –

(a) is first diagnosed as suffering from the disease; or

(b) becomes partially or totally incapacitated by reason of the disease; or

(c) dies by reason of the disease –

whichever occurs first.

(6) [Section 27 Subsection (6) substituted by No. 57 of 2017, s. 4, Applied:20 Dec 2017] Despite the amendments to this section made by the Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017 , this section, as in force immediately before that Act commences, applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , before 31 October 2017.

(6A) [Section 27 Subsection (6A) inserted by No. 57 of 2017, s. 4, Applied:20 Dec 2017] This section, as amended by the Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017 , applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , on or after 31 October 2017.

(6B) [Section 27 Subsection (6B) inserted by No. 41 of 2022, s. 4, Applied:01 Mar 2023] This section, as amended by the Workers Rehabilitation and Compensation Amendment Act 2022, applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , on or after the day on which that Act commences.

(7) The regulations may amend Schedule 5 by –

(a) varying or rescinding any matter set out in the Schedule; or

(b) adding a disease and a period to the Schedule.

(7A) [Section 27 Subsection (7A) inserted by No. 28 of 2023, s. 4, Applied:07 Nov 2023] For the avoidance of doubt, the amendment of Schedule 5 by a provision of an Act does not prevent the further amendment of that Schedule by regulations that are made in accordance with subsection (7) .

(8) In this section –[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017]

career fire-fighter means a worker who –

(a) is appointed or employed in accordance with section 24 of the Fire Service Act 1979 ; and

(b) who occupies, or has occupied, during such an appointment or employment (whether or not for the whole period of such appointment or employment), a position classified as a "fire-fighter", "station officer", "senior station officer" or "district officer" under the industrial award that relates from time to time to persons carrying out fire-fighting operations;

Chief Officer has the same meaning as it has in the Fire Service Act 1979 ;

fire-fighter means –

(a) a career fire-fighter; and

(b) [Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] a volunteer fire-fighter; and

(c) [Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] an occupational fire-fighter;

fire-fighting operations –

(a) [Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] in relation to a volunteer fire-fighter or an occupational fire-fighter, has the same meaning as it has in section 5(3) and as if a reference in section 5(3) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires; or

(b) in relation to a career fire-fighter, has the same meaning as it has in the Fire Service Act 1979 ;

fire prevention operations has the same meaning as it has in section 5(3) and as if a reference in section 5(3) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires;

[Section 27 Subsection (8) amended by No. 57 of 2017, s. 4, Applied:20 Dec 2017] [Section 27 Subsection (8) amended by No. 41 of 2022, s. 4, Applied:01 Mar 2023]

[Section 27 Subsection (8) amended by No. 41 of 2022, s. 4, Applied:01 Mar 2023] occupational fire-fighter means –

(a) a person who is –

(i) a State Service employee, or State Service officer, employed in an Agency, within the meaning of the State Service Act 2000 , a significant function of which is to manage forests or parks; or

(ii) an employee of a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 , a significant function of which is to manage forests or parks –

and who is employed, in whole or in part, in the Agency or Government Business Enterprise, to perform fire-fighting operations or fire prevention operations, or who engages, during his or her employment in the Agency or Government Business Enterprise, in fire-fighting operations or in fire prevention operations, that are related to forests or parks; or

(b) a State Service employee or State Service officer, other than a career fire-fighter, who –

(i) is appointed or employed in accordance with section 24 of the Fire Service Act 1979 ; and

(ii) in the course of such an appointment or employment, engages in fire-fighting operations or fire prevention operations in relation to bushfires;

volunteer fire-fighter means a person who, otherwise than under a contract for services, a contract of service, or a training agreement, with –

(a) the Secretary of the responsible Department in relation to the Fire Service Act 1979 ; or

(b) the State Fire Commission; or

(c) any brigade within the meaning of the Fire Service Act 1979 –

engages in fire-fighting operations, or fire prevention operations, with the consent of, under the authority of, or in co-operation with, a person or body referred to in paragraph (a) , (b) or (c) .

Review of operation of section 27

28 Review of operation of section 27

[Section 28 Repealed by No. 65 of 2004, s. 8, Applied:17 Dec 2004]

(1) The Minister must cause a review of the operation of section 27 to be undertaken and completed as soon as practicable after the end of –

(a) the 12-month period from the commencement of this section; and

(b) [Section 28 Subsection (1) amended by No. 39 of 2017, s. 11, Applied:01 Jan 2018] each 3-year period after the completion of each previous review of the operation of section 27 .

(2) The person who undertakes the review must provide a written report of the review to the Minister as soon as practicable after the review is completed.

(3) The Minister must cause the written report of the review to be laid before each House of Parliament within 10 sitting-days after the report is provided to the Minister.

28A

Presumption as to cause of post-traumatic stress disorder

28A Presumption as to cause of post-traumatic stress disorder

[Section 28A Inserted by No. 11 of 2019, s. 4, Applied:04 Jun 2019]

(1) In this section –

relevant worker means –

(a) a worker who is employed by the Crown or appointed under an Act of the State; and

(b) a worker who is employed by a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 ; and

(c) a worker who is employed by a State-owned company, within the meaning of the Government Business Enterprises Act 1995 .

(2) Subject to section 25(1A) and (2) , where a relevant worker suffers an injury that consists of post-traumatic stress disorder, the worker's employment is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that injury.

Liability of principal in case of workers employed by contractors

29 Liability of principal in case of workers employed by contractors

(1) Where a person (in this section referred to as "the principal") in the course of, or for the purposes of, his trade or business contracts with any other person (in this section referred to as "the contractor") for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal is liable to pay to a worker employed in the execution of the work any compensation under this Act that he would have been liable to pay if that worker had been immediately employed by him.

(2) Where compensation is claimed from, or proceedings are taken against, the principal, then, in the application of this Act, a reference to the principal shall be substituted for a reference to the employer, and the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom he is immediately employed.

(3) In the construction of the provisions of this section, the expression the principal includes a contractor who enters into a sub-contract with any other person for the whole or any part of the work undertaken by him, and the expression the contractor includes a person who takes such a sub-contract.

(4) [Section 29 Subsection (4) amended by No. 99 of 2000, s. 17, Applied:01 Jul 2001] Where the principal is liable to pay compensation under this section, he is entitled to be indemnified by any person, other than the Nominal Insurer, who would have been liable to pay compensation to the worker independently of this section, and the right to that indemnity is available against every contractor standing between the principal and the worker.

(5) Nothing in this section shall be construed as preventing a worker recovering compensation under this Act from the contractor instead of the principal.

(6) This section does not apply in any case where the injury occurs elsewhere than on, in, or about the place on which the principal has undertaken to execute the work or that is otherwise under his control or management.

Liabilities of employer transferred to licensed insurer

30 Liabilities of employer transferred to licensed insurer

(1) [Section 30 Subsection (1) amended by No. 99 of 2000, s. 18, Applied:01 Jul 2001] Where an employer has entered into a contract with a licensed insurer in respect of a liability to a worker in respect of which he is required under section 97 (1) to maintain a policy of insurance, then–

(a) if the employer has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or

(b) if, where the employer is a body corporate–

(i) the body corporate has commenced to be wound up;

(ii) a receiver or manager of the body corporate's business or undertaking has been duly appointed; or

(iii) possession has been taken by or on behalf of any secured creditors of the body corporate of any property comprised in or subject to their security–

the liabilities of the employer to the worker are transferred to and imposed upon the licensed insurer, notwithstanding any law relating to bankruptcy or the winding-up of bodies corporate.

(2) [Section 30 Subsection (2) substituted by No. 99 of 2000, s. 18, Applied:01 Jul 2001] On the transfer of an employer's liabilities to the licensed insurer under subsection (1) , the licensed insurer –

(a) retains the same rights, remedies and defences as it would otherwise have had against the employer; and

(b) has the same rights and remedies against the worker as if it were the employer; and

(c) is subject to the same liabilities to the worker as if it were the employer.

(3) Where under this section the liability of a licensed insurer to a worker is less than the liability of the employer to the worker, the worker –

(a) may prove for the balance in the bankruptcy or liquidation; or

(b) may recover the balance from the receiver or manager in the bankruptcy or liquidation –

but the priority conferred by subsection (4) does not apply to that balance.

(4) [Section 30 Subsection (4) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] The amount due in respect of any compensation or liability for compensation accrued before the date of–

(a) the bankruptcy;

(b) the commencement of a winding-up; or

(c) the appointment of a receiver or manager or the taking of possession as provided in subsection (1) (b) (iii) –

as the case may be, shall be included among the debts that, under section 433 or section 556 of the Corporations Act, as the case may be, are to be paid in priority to other debts, and that amount is subject to the provisions of such of those sections as are applicable to the particular case.

(5) If any compensation to which the provisions of subsection (4) apply is payable by weekly payments, the amount of compensation for the purposes of that subsection shall be deemed to be the amount of the lump sum for which the payment, if redeemable, could be redeemed if the employer concerned made application for that purpose under this Act.

(6) This section does not apply where a body corporate is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another body corporate.

(7) Nothing in the foregoing provisions of this section shall be construed as –

(a) requiring a worker to pay to a licensed insurer any sum that was or becomes due and owing to the licensed insurer by the employer in respect of any premium payable by the employer in relation to a policy of insurance obtained by him from the licensed insurer; or

(b) entitling a licensed insurer to retain from, or to set off against, any payments due to the worker under this Act any sum so due and owing.

Liability of employer not affected by agreement

31 Liability of employer not affected by agreement

*[Section 31 Amended by No. 16 of 1995, s. 26 ]*Except as provided in this Act, no contract or agreement made between an employer and a worker has the effect of relieving the employer from liability to pay compensation under this Act.

31A

Employment connection test

31A Employment connection test

[Section 31A of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(1) Compensation under this Act is payable only if this State is the State of connection.

(2) The fact that a worker is outside this State when injured does not prevent compensation being payable under this Act.

(3) A worker’s employment is connected with –

(a) the State where the worker usually works in the employment; or

(b) if no State, or no single State, is identified by paragraph (a), the State where the worker is usually based for the purposes of the employment; or

(c) if no State, or no single State, is identified by paragraph (a) or (b), the State where the employer’s principal place of business in Australia is located.

(4) For a worker working on a ship, if no State, or no single State, is identified by subsection (3), the worker’s employment is, while working on the ship, connected with –

(a) the State where the ship is registered; or

(b) if the ship is registered in more than one State, the State where the ship most recently became registered.

(5) If no State is identified for a worker by subsection (3) or (4), the worker’s employment is connected with this State if –

(a) the worker is in this State when injured; and

(b) the worker is not entitled to compensation in relation to the injury under the workers compensation law of an external Territory, or a place outside Australia.

(6) In deciding whether a worker usually works in a State –

(a) regard must be had to the following:

(i) the worker’s work history with the employer over the preceding 12 months;

(ii) the worker’s proposed future working arrangements;

(iii) the intentions of the worker and employer;

(iv) any period during which the worker worked in a State or was in a State for the purposes of employment, whether or not the worker is regarded as working or employed in that State under its workers compensation law; but

(b) regard must not be had to any temporary arrangement under which the worker works in a State for a period of not longer than 6 months.

(7) Compensation under this Act is not payable in relation to the employment of a worker on a ship if the Seafarers Rehabilitation and Compensation Act 1992 of the Commonwealth applies to the worker’s employment.

(8) The application of this Act in respect of a seaman is subject to the following modifications:

(a) the notice of injury and the claim for compensation may, except where the seaman injured is the master, be served on the master of a ship as if he or she were the employer;

(b) in the case of the death of the seaman, the claim for compensation for the purposes of section 32 (1) (b) is to be made within 6 months after news of his or her death has been received by the claimant;

(c) in the case of a ship lost with all hands, the claim for compensation for the purposes of section 32 (1) (b) is to be made within 18 months after the date on which the ship is deemed to have been lost with all hands.

(9) In this section –

seaman means a worker who is employed in any capacity on board a ship by the owner or charterer of the ship;

ship means any kind of vessel used in navigation by water, however propelled or moved, and includes all of the following if used wholly or primarily in navigation by water:

(a) a barge, lighter or other floating vessel;

(b) an air-cushioned vehicle, or other similar craft;

State, in a geographical sense, includes a State’s relevant adjacent area as described in Schedule 11 .

31B

Determination of State of connection in workers compensation proceedings

31B Determination of State of connection in workers compensation proceedings

[Section 31B of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(1) If the question of whether this State is the State of connection arises in a proceeding before the Tribunal in relation to a claim for compensation under this Act, the Tribunal must determine the State of connection in accordance with section 31A .

(2) Subsection (1) does not apply if there is a determination of the State of connection that is to be recognised under section 31D .

31C

Determination of State of connection by Tribunal

31C Determination of State of connection by Tribunal

[Section 31C of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(1) If a claim for compensation under this Act has been made, a party to the claim may apply to the Tribunal for a determination of the question of which State is the State of connection.

(2) On receiving an application, the Tribunal must determine the State of connection in accordance with section 31A .

(3) An application may not be made or heard if there is a determination of the State of connection that is to be recognised under section 31D .

31D

Recognition of previous determinations of State of connection

31D Recognition of previous determinations of State of connection

[Section 31D of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(1) This section applies if a determination of the State of connection has been made by any of the following courts or tribunals:

(a) the Tribunal under section 31B or 31C ;

(b) a court or tribunal of a State under a provision of a law of the State corresponding to section 31B or 31C ;

(c) a court of this State or another State in the course of proceedings on a claim for damages.

(2) The State determined as mentioned in subsection (1) is to be recognised for this Act as the State of connection.

(3) This section does not prevent any appeal relating to a determination of a court or tribunal under subsection (1) .

(4) If a determination is changed on appeal to a court, the changed determination is to be recognised under this section.

31E

Person not to be compensated twice

31E Person not to be compensated twice

[Section 31E of Part III Inserted by No. 65 of 2004, s. 9, Applied:17 Dec 2004]

(1) Compensation under this Act is not payable in respect of anything to the extent that –

(a) compensation has been received under the laws of a place other than this State; or

(b) judgment has been obtained against the employer independently of this Act.

(2) If a person receives compensation under this Act and, for the same matter, subsequently –

(a) receives compensation under the laws of a place other than this State; or

(b) obtains judgment against the employer independently of this Act –

the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3) .

(3) The amount that is recoverable under subsection (2) is the lesser of the following:

(a) the amount of compensation paid under this Act;

(b) the amount of compensation received under the laws of a place other than this State or for which judgment was obtained independently of this Act.

Part IV

Claims for compensation

Part IV Claims for compensation

Notice of injury and claim for compensation

32 Notice of injury and claim for compensation

(1) Subject to this Act, a person shall not be entitled to compensation under this Act for an injury to a worker unless –

(a) notice of the injury has, as soon as practicable after the occurrence of the injury and before the worker has voluntarily left the employment in which he suffered the injury, been given to the employer of the worker or a person referred to in section 33 (1) (b) ; and

(b) a claim for compensation with respect to the injury has been made within 6 months after the date of the occurrence of the injury, or where the injury results in the death of the worker, within 6 months after the date of the death.

(2) Subsection (1) does not apply to industrial deafness, but proceedings for the recovery under this Act of compensation in respect of industrial deafness are not maintainable unless the claim for compensation is made while the worker is still in the employment of the employer or within 6 months after the termination of that employment.

(2A) *[Section 32 Subsection (2A) inserted by No. 44 of 1993, s. 24 ]*For the purposes of this Part, where a mining employee –

(a) suffers from silicosis, pneumoconiosis or fibrosis of the lungs within 12 months after ceasing to be a mining employee; or

(b) suffers from silicosis within 5 years after ceasing to be a mining employee, and since ceasing to be engaged in mining operations he or she has not engaged in any occupation in which he or she would be exposed to contamination by industrial dust; or

(c) suffers from lead poisoning or cadmium poisoning within 3 months after ceasing to be a mining employee; or

(d) suffers from lead poisoning within 6 months after ceasing to be a mining employee, and since ceasing to be engaged in mining operations he or she has not exposed himself or herself to contamination by lead in any form; or

(e) suffers from dermatitis caused by work within 2 months after ceasing to be a mining employee –

a claim for compensation is to be made no later than 6 months after the relevant period specified in this subsection or, where the disease results in the death of the mining employee, within 6 months after the date of the death.

(3) An employer who receives a claim for compensation shall be deemed to have been given notice of the injury to which it relates.

Form of notice of injury

33 Form of notice of injury

(1) *[Section 33 Subsection (1) amended by No. 16 of 1995, s. 27 ]*Notice of an injury –

(a) may be given orally or in writing;

(b) shall be given to –

(i) the employer of the worker or, if there is more than one employer, to one of the employers of the worker; or

(ii) a person under whose supervision the worker is employed; or

(iii) a person designated for the purpose by the employer; or

(iv) a person having authority or apparently having authority to receive such a notice on behalf of the employer;

(c) shall include the name and address of the person injured; and

(d) shall include the nature of the injury, the date on which the injury occurred, and the cause of the injury.

(2) Where an employer has received notice of an injury, he shall record that fact in records kept by him for that purpose.

33A

Employer given notice of injury must inform worker of right to claim

33A Employer given notice of injury must inform worker of right to claim

[Section 33A Inserted by No. 85 of 2009, s. 9, Applied:01 Jul 2010] [Section 33A Substituted by No. 39 of 2017, s. 12, Applied:01 Jan 2018]

(1) An employer who is informed by a worker of an injury to the worker must, within 14 days, inform the worker, in the prescribed form, that the worker may have a right to make a claim for compensation in relation to the injury.

Penalty: Fine not exceeding 10 penalty units.

(2) Subsection (1) does not apply in relation to an injury if the employer is informed of the injury by the service on the employer of a claim for compensation.

Form of claim for compensation

34 Form of claim for compensation

(1) [Section 34 Subsection (1) amended by No. 42 of 2007, s. 11, Applied:31 Oct 2007] *[Section 34 Subsection (1) amended by No. 16 of 1995, s. 28 ]*Subject to subsection (2A) , a claim for compensation is to–

(a) be in a form approved by the Board;

(b) [Section 34 Subsection (1) amended by No. 42 of 2007, s. 11, Applied:31 Oct 2007] be accompanied by a certificate in a form approved by the Board signed by a medical practitioner or an accredited person; and

(c) be given to–

(i) the employer of the worker or, if there is more than one employer, to one of the employers of the worker; or

(ii) a person designated for the purpose by the employer.

(2) [Section 34 Subsection (2) amended by No. 65 of 2004, s. 10, Applied:17 Dec 2004] If a claim for compensation and a medical certificate under subsection (1) (b) or subsection (2A)(b) are not given at the same time, the claim for compensation shall be deemed not to have been made until the day on which the remaining document is given to the employer.

(2A) [Section 34 Subsection (2A) inserted by No. 65 of 2004, s. 10, Applied:17 Dec 2004] A claim for compensation by a dependant under section 67 or 67A is to be –

(a) in a form approved by the Board; and

(b) [Section 34 Subsection (2A) amended by No. 39 of 2017, s. 13, Applied:01 Jan 2018] . . . . . . . .

(3) [Section 34 Subsection (3) amended by No. 39 of 2017, s. 13, Applied:01 Jan 2018] [Section 34 Subsection (3) amended by No. 65 of 2004, s. 10, Applied:17 Dec 2004] A defect, omission, or irregularity in a claim for compensation or a medical certificate under subsection (1) (b) shall not affect the validity of the claim and the claim shall be dealt with in accordance with this Part unless the defect, omission, or irregularity relates to information which is not within the knowledge of, or reasonably ascertainable by, the employer or his licensed insurer.

Service of claim

35 Service of claim

(1) A claim for compensation may be given –

(a) to the employer of a worker or, if there is more than one employer, to one of the employers of a worker by –

(i) delivering it personally to the employer or one of the employers; or

(ii) by placing it in a properly addressed envelope and sending it by post to the employer, or one of the employers, at the employer's usual or last-known place of business or residence; and

(b) to the person designated for the purpose by the employer, by delivering it personally to that person.

Employer to forward accident report and claim

36 Employer to forward accident report and claim

(1AA) [Section 36 Subsection (1AA) inserted by No. 85 of 2009, s. 10, Applied:01 Jul 2010] An employer must, within 3 working days of receiving a claim for compensation under section 35 , notify the employer's insurer of the claim.

(1) [Section 36 Subsection (1) amended by No. 16 of 1995, s. 29 ][Section 36 Subsection (1) substituted by No. 39 of 2017, s. 14, Applied:01 Jan 2018] An employer must –

(a) immediately on receiving a claim for compensation, complete the employer's report section of the form referred to in section 34(1)(a) ; and

(b) within 5 working days after receiving the claim, forward the completed claim and a copy of the claim to his or her licensed insurer, if any; and

(c) retain a copy of the claim for the employer's own records.

(2) *[Section 36 Subsection (2) substituted by No. 16 of 1995, s. 29 ]*A licensed insurer who receives a claim for compensation forwarded under subsection (1) must, within 5 working days after receiving it, forward a copy to the Board.

(3) An employer who –

(a) refuses to receive a claim for compensation; or

(ab) [Section 36 Subsection (3) amended by No. 99 of 2000, s. 19, Applied:01 Jul 2001] hinders or prevents, or attempts to hinder or prevent, a worker from obtaining a claim form or making or pursuing a claim for compensation under this Act; or

(b) dismisses a worker from employment for the reason only that the worker has given or attempted to give to the employer a claim for compensation –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.

(4) [Section 36 Subsection (4) inserted by No. 85 of 2009, s. 10, Applied:01 Jul 2010] If an employer does not comply with subsection (1AA) in relation to a worker then, despite any contract of insurance with the employer in accordance with section 97(1) , the employer's insurer is not liable to indemnify the employer for the relevant amount that the employer is liable to pay, or has paid, to the worker by way of weekly payments for the relevant period.

(5) [Section 36 Subsection (5) inserted by No. 85 of 2009, s. 10, Applied:01 Jul 2010] In this section –

(a) the relevant amount is the weekly payment payable to the worker within the relevant period; and

(b) the relevant period means the period that –

(i) begins on the day, after the 3 working days referred to in subsection (1AA) ; and

(ii) ends on, and includes, all of the day on which the employer notifies the insurer of the claim.

Effect of failure to give notice of injury, &c.

37 Effect of failure to give notice of injury, &c.

[Section 37 Repealed by No. 16 of 1995, s. 30 ]

(1) The failure to give notice of injury in accordance with section 32 (1) (a) or any defect or inaccuracy in such a notice does not affect the worker's right to claim compensation under this Act if –

(a) the failure or defect or inaccuracy was occasioned by mistake, absence from the State of the worker or other reasonable cause; and

(b) it is found in proceedings relating to the worker's right to claim compensation under this Act that the employer's defence is not prejudiced by reason of the failure.

(2) Without limiting the generality of the expression reasonable cause in subsection (1) , that expression includes –

(a) the making of a payment to a worker that the worker believes to be a payment of compensation under this Act; and

(b) any representation that is made to a worker that the worker believes is made by or on behalf of the worker's employer to the effect that compensation under this Act will or will not be payable.

(3) Any dispute relating to the failure of the worker to give notice of injury in accordance with section 32 (1) (a) may be referred, by either party to the dispute, to the Tribunal for determination.

Effect of failure to make claim

38 Effect of failure to make claim

(1) [Section 38 Subsection (1) amended by No. 42 of 2007, s. 12, Applied:31 Oct 2007] *[Section 38 Subsection (1) amended by No. 44 of 1993, s. 25 ]*The failure to make a claim for compensation within the period prescribed by section 32(1)(b) , section 32(2) or section 32(2A) does not affect the validity of the claim if the failure was occasioned by mistake, absence from the State of the worker, or other reasonable cause.

(2) Without limiting the generality of the expression reasonable cause in subsection (1) , that expression includes –

(a) the making of a payment to a worker that he believes to be a payment of compensation under this Act; and

(aa) [Section 38 Subsection (2) amended by No. 85 of 2009, s. 11, Applied:01 Jul 2010] a failure by the worker's employer to comply with section 33A in relation to the injury to which the worker's claim for compensation relates; and

(b) any representation that is made to a worker that he believes is made by or on behalf of his employer to the effect that compensation under this Act will or will not be payable.

(3) [Section 38 Subsection (3) amended by No. 42 of 2007, s. 12, Applied:31 Oct 2007] *[Section 38 Subsection (3) amended by No. 50 of 1992, s. 10 ][Section 38 Subsection (3) amended by No. 44 of 1993, s. 25 ][Section 38 Subsection (3) amended by No. 16 of 1995, s. 91 and Sched. 1 ]*Any dispute relating to the failure of the worker to make a claim for compensation within the period prescribed by section 32(1)(b) , section 32(2) or section 32(2A) may be referred by either party to the dispute to the Tribunal for determination.

Employer to give claimant notice of status of claim within 28 days

39 Employer to give claimant notice of status of claim within 28 days

[Section 39 Amended by No. 5 of 1990, s. 3 and sched. 1 ][Section 39 Amended by No. 50 of 1992, s. 10 ][Section 39 Substituted by No. 16 of 1995, s. 31 ][Section 39 Substituted by No. 99 of 2000, s. 20, Applied:01 Jul 2001] [Section 39 Substituted by No. 85 of 2009, s. 12, Applied:01 Jul 2010]

(1) If an employer receives a claim for compensation from a worker under section 35 , the employer or the employer's insurer, within 28 days –

(a) must notify the worker in writing as to whether a decision has been made to accept, or not to accept, liability for the injury to which the claim relates; and

(b) if no decision has been made to accept, or not to accept, liability for the injury, must specify in the notice –

(i) the reasons why the decision has not been made; and

(ii) the steps the employer, or the employer's insurer, intends to take before making the decision.

Penalty: Fine not exceeding 10 penalty units.

(2) A person referred to in subsection (1) is not required to comply with that subsection if another person referred to in that subsection complies with the subsection.

40.

[Section 40 Subsection (1) amended by No. 65 of 2004, s. 11, Applied:17 Dec 2004] [Section 40 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ] [Section 40 Subsection (1) amended by No. 16 of 1995, s. 32 ] [Section 40 Subsection (2) amended by No. 65 of 2004, s. 11, Applied:17 Dec 2004] [Section 40 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ] [Section 40 Subsection (2) amended by No. 16 of 1995, s. 32 ] [Section 40 Subsection (3) amended by No. 65 of 2004, s. 11, Applied:17 Dec 2004] [Section 40 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ] [Section 40 Subsection (3) amended by No. 50 of 1992, s. 10 ] [Section 40 Subsection (3) amended by No. 16 of 1995, s. 32 ] [Section 40 Subsection (4) amended by No. 65 of 2004, s. 11, Applied:17 Dec 2004] [Section 40 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ] [Section 40 Subsection (4) amended by No. 16 of 1995, s. 32 ] [Section 40 Subsection (5) amended by No. 16 of 1995, s. 32 ] [Section 40 Subsection (6) amended by No. 65 of 2004, s. 11, Applied:17 Dec 2004] [Section 40 Subsection (6) amended by No. 5 of 1990, s. 3 and Sched. 1 ] [Section 40 Subsection (6) amended by No. 16 of 1995, s. 32 ] [Section 40 Repealed by No. 42 of 2007, s. 13, Applied:31 Oct 2007]

Part V

Dispute Resolution

Part V Dispute Resolution

[Part V Heading amended by No. 99 of 2000, s. 21, Applied:01 Jul 2001]

41.

[Section 41 Repealed by No. 50 of 1992, s. 6 ]

Reference of claims for compensation to Tribunal

42 Reference of claims for compensation to Tribunal

(1) *[Section 42 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 42 Subsection (1) amended by No. 50 of 1992, s. 7 ][Section 42 Subsection (1) amended by No. 16 of 1995, s. 33 ]*A claim for compensation may be referred to the Tribunal by –

(a) [Section 42 Subsection (1) amended by No. 42 of 2007, s. 14, Applied:31 Oct 2007] an injured worker or a dependant of an injured worker; or

(b) [Section 42 Subsection (1) amended by No. 42 of 2007, s. 14, Applied:31 Oct 2007] the employer of an injured worker; or

(c) [Section 42 Subsection (1) amended by No. 42 of 2007, s. 14, Applied:31 Oct 2007] the licensed insurer of an employer.

(d) [Section 42 Subsection (1) amended by No. 65 of 2004, s. 12, Applied:17 Dec 2004] [Section 42 Subsection (1) amended by No. 42 of 2007, s. 14, Applied:31 Oct 2007] . . . . . . . .

(2) [Section 42 Subsection (2) amended by No. 18 of 2021, s. 376, Applied:05 Nov 2021] *[Section 42 Subsection (2) substituted by No. 16 of 1995, s. 33 ]*A claim for compensation is to be referred to the Tribunal by application, in a form approved by the President, filed with the Registrar.

(3) *[Section 42 Subsection (3) amended by No. 16 of 1995, s. 33 ]*Where an application is filed with the Registrar, the Registrar shall, as soon as practicable, forward the application to the Tribunal.

(4) *[Section 42 Subsection (4) amended by No. 16 of 1995, s. 33 ]*On receipt of an application from the Registrar, the Tribunal shall determine the persons who appear to it from the application to have an interest in the settlement of the claim for compensation to which the application relates and shall advise the Registrar of the names of those persons.

(5) *[Section 42 Subsection (5) amended by No. 16 of 1995, s. 33 ]*The Registrar shall, as soon as practicable after being advised of the names of the persons who appear to the Tribunal to have an interest in the settlement of the claim for compensation to which the application relates, serve those persons with a notice containing particulars of the claim.

42A

Interpretation of Division

42A Interpretation of Division

[Section 42A of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001] In this Division,

party means a person determined under section 42(4) to have an interest in a claim for compensation.

42B

Parties to undertake conciliation process

42B Parties to undertake conciliation process

[Section 42B of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001]

(1) If a claim for compensation, other than a claim referred to the Tribunal in accordance with section 81A , is referred to the Tribunal, the parties must undertake a conciliation process for the purpose of attempting to resolve the claim by agreement.

(2) [Section 42B Subsection (2) substituted by No. 18 of 2021, s. 377, Applied:05 Nov 2021] The conciliator may be a legally qualified member, within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020 , the Registrar, a Deputy Registrar, within the meaning of that Act, or a person nominated by the President.

(3) A notice under subsection (2) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(4) The Tribunal is to serve each party with notice –

(a) that he or she is required to undertake a conciliation process; and

(b) of the identity and contact details of the conciliator; and

(c) of a brief outline of how the process is to be conducted.

(5) The notice is to be served within 14 days of the claim being referred to the Tribunal.

42C

Conciliation process

42C Conciliation process

[Section 42C of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001]

(1) Subject to subsection (2), the conciliation process is to be conducted in any manner the conciliator determines, taking into account the issues and circumstances of the relevant claim.

(2) The conciliation process may consist of the following:

(a) a preliminary stage;

(b) a conciliation conference.

42D

Preliminary stage

42D Preliminary stage

[Section 42D of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001]

(1) The purpose of the preliminary stage is as follows:

(a) to identify the issues in dispute;

(b) to ensure that any necessary investigations or medical examinations are arranged;

(c) to determine the necessary steps for each party to take in order to resolve the claim;

(d) to discuss the claim generally and to obtain concessions from the parties as to fact, law or procedure where possible;

(e) where a settlement of the claim is not possible, to discuss the claim in preparation for a conciliation conference;

(f) to discuss any other matter that may be relevant to achieving a speedy resolution of the claim.

(2) Contact between the conciliator and the parties during the preliminary stage may be –

(a) by telephone, writing or in any manner the conciliator determines; and

(b) made with the parties jointly or separately; and

(c) by an officer of the Tribunal on behalf of the conciliator.

42E

Conciliation conference may be required

42E Conciliation conference may be required

[Section 42E of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001]

(1) If a claim cannot be resolved in the preliminary stage, the conciliator is to schedule the claim for a conciliation conference.

(2) If a conciliation conference is required, the conciliator is to serve the parties with notice of the date, time and place at which the conciliation conference is to be held.

(3) Notice under subsection (2) is to be served not less than 7 days before the date on which the conciliation conference is to be held.

(4) A party served with a notice under subsection (2) must not, without reasonable excuse, fail or refuse to attend the conciliation conference.

Penalty: Fine not exceeding 20 penalty units.

(5) The conciliator may require the parties to attend more than one conciliation conference.

42F

Purpose of conciliation conference

42F Purpose of conciliation conference

[Section 42F of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001] The purpose of the conciliation conference is to provide an opportunity for open and "without prejudice" discussion based on all the available information to facilitate a resolution of the claim.

42G

Evidence during conciliation process

42G Evidence during conciliation process

[Section 42G of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001]

(1) During a conciliation process, a party to the process must provide the other parties to the process with any report or proof of evidence from a medical practitioner or other expert witness on whom the party intends to rely should the claim proceed to an arbitrated hearing before the Tribunal.

(2) If a party fails to provide the report or proof of evidence referred to in subsection (1) during the conciliation process, the party may not adduce evidence from the medical practitioner or other expert witness at an arbitrated hearing before the Tribunal, unless the Tribunal otherwise allows.

(3) Subject to subsection (4) , all discussions held with a conciliator during the conciliation process are confidential and without prejudice and any notes or other documents forming part of the conciliator's record are not to be disclosed to the Tribunal, except in relation to –

(a) the provision of reasons to the Tribunal in support of a recommendation made by the conciliator; and

(b) the determination of costs as provided by section 59 .

(4) At the conclusion of the conciliation process, the conciliator is to give the Tribunal notice in the approved form of the outcome of that process.

(5) Notice under subsection (4) is to –

(a) identify and give the date of any expert report or proof of evidence given during the conciliation process; and

(b) identify the issues in dispute between the parties; and

(c) identify any agreed facts or concessions made by the parties during that process; and

(d) if the claim has been resolved, include details of the resolution.

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