81Commencement of weekly payments

81 Commencement of weekly payments

[Section 81 Substituted by No. 50 of 1992, s. 9 ]

(1)  Where an employer has received a claim for compensation in relation to an injury to a worker employed by the employer and the worker's first pay day after receipt of that claim –

(a) is not later than 14 days after the receipt of that claim, the employer must –

(i) if it is reasonably practicable to do so, commence making weekly payments to the worker on the first pay day; or

(ii) in any other case, commence making weekly payments to the worker not later than 14 days after receipt by the employer of the worker's claim for compensation; or

(b) is later than 14 days after the receipt of that claim, the employer must commence making weekly payments of compensation on that pay day.

(2)  [Section 81 Subsection (2) amended by No. 99 of 2000, s. 50, Applied:01 Jul 2001] An employer who fails to comply with subsection (1) is guilty of an offence.

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(3)  [Section 81 Subsection (3) substituted by No. 48 of 1996, s. 12 ][Section 81 Subsection (3) substituted by No. 99 of 2000, s. 50, Applied:01 Jul 2001] [Section 81 Subsection (3) substituted by No. 65 of 2004, s. 22, Applied:17 Dec 2004] Weekly payments payable under this section are payable from –

(a) the date of the incapacity; or

(b) 14 days before the date on which the claim for compensation was given to the employer under section 34  –

whichever is the later.

(4)  In this section, pay day means the day on which the worker would normally receive salary or wages from the worker's employer.