Workers Rehabilitation and Compensation Regulations 2021
In ForceTAS
Jurisdiction
Tasmania
Act Number
49 of 2021
Collection
regulation
Plain English Summary
4/10 complexity
These regulations implement the Workers Rehabilitation and Compensation Act 1988 by setting Tribunal practice (delay orders, discovery, inspection, witness and evidence rules), costs procedures, prescribed forms and monetary limits, and rules on impairment assessment and insurer reporting. They allocate operational decision‑making to the Tribunal and Registrar and prescribe timelines, proof requirements and penalties.
They affect injured workers, employers, insurers, accredited medical assessors and the Tribunal — who pays (parties, sometimes employers), who decides (Tribunal/Registrar) and what documentation and timelines are required (see regs 4, 6, 8, 13, 15–18, 19, 21, 23, 24, 26, 28).
These Regulations prescribe procedural rules, evidentiary limits, prescribed forms, monetary caps and administrative particulars for the operation of the Workers Rehabilitation and Compensation Act 1988 (the Act). They do not amend the Act itself, rather they specify how parts of the Act are to be operated, evidenced and enforced. Mechanically the instrument does the following.
Sets commencement and citation details (Short title, reg 1; Commencement 13 July 2021, reg 2).
Supplies definitions used through the Regulations and links to other Tasmanian statutes and Tribunal officer titles (reg 3).
Regulates Tribunal practice and procedure for proceedings under the Act, by: empowering the Tribunal to deal with undue delay (reg 4); creating a party-driven discovery regime with fixed compliance windows (reg 6); providing inspection processes for discovered documents and relevant property (regs 7 and 8); limiting when audio/visual and similar devices are admissible unless inspected or ordered (reg 9); restricting interrogatories to Tribunal leave and prescribing affidavit answers (reg 10); permitting orders against non-parties (reg 11); and setting rules about witness affidavits, proof of evidence and attendance (regs 13 and 14).
Prescribes costs procedures: how a successful party serves a bill of costs and the applicable rate (85% of Part 1 Supreme Court Rules 2000 fees) (reg 15), time limits for objections (reg 16), the Registrar’s assessment processes and certificates (reg 17), and review rights and process (reg 18).
Prescribes forms, caps and specialist requirements that operate substantively under particular Act provisions: the form of notice of the worker’s right to make a claim under s 33A of the Act (Schedule 1, reg 19); the class of experts and a conversion table for binaural hearing impairment to whole person impairment for industrial deafness (reg 20); monetary caps for burial/cremation and family counselling (reg 21); the benchmark for travel expense payments (reg 22); the prescribed impairment-assessment service and persons (reg 23); the manner and interval by which a worker proves continued incapacity (reg 24); and investment and application of money paid to the Public Trustee (reg 25).
Current sections
Direct links to the current provisions in Workers Rehabilitation and Compensation Regulations 2021.
(b) an audio tape or soundtrack or compact disc; and
(c) a computer program or software and any other information recorded in or processed by a computer; and
(d) a film, photograph, videotape or cinematographic film;
inspect includes the following, with or without the aid of equipment:
(a) view data or visual images embodied in any device;
(b) listen to sounds embodied in any device;
(c) reproduce sounds, data or visual images embodied in any device;
party means a party to an application or referral;
proof of evidence means a written statement containing the substance of an expert witness's evidence;
property includes real and personal property;
referral means a referral under the Act;
Registrar includes a deputy registrar;
working director means a person who –
(a) is a director of a company; and
(b) performs work for that company under a contract of service.
Part 2
Practice and Procedure
Part 2 Practice and Procedure
Division 1
Practice and procedure of Tribunal
Division 1 Practice and procedure of Tribunal
4
Delay
4 Delay
(1) If the Tribunal considers that the conduct of an application or referral has been unduly delayed, the Tribunal, by giving notice to the parties, may make any of the following orders:
(a) an order fixing the date on which an arbitrated hearing is to occur;
(b) an order fixing a timetable for the completion of any proposed action by the parties and any consequential order if that timetable is not complied with;
(c) any other order it considers appropriate.
(2) In determining whether or not the conduct of an application or referral has been unduly delayed, the Tribunal is to have regard to any time limits fixed by these regulations or the Act.
(3) Any party may request that the Tribunal make an order under subregulation (1) .
(1) A party, by notice in writing served on any other party, may request –
(a) discovery of any document or property that is relevant to the issues in dispute in any application or referral; and
(b) a list of all documents discoverable under paragraph (a) ; and
(c) disclosure of the location of those documents.
(2) A party on whom a notice is served under subregulation (1) is to comply with the notice within 14 days after the date of service of the notice or within any other period agreed to by the parties.
(3) The Tribunal may order a party who has not complied with subregulation (2) to make discovery under subregulation (1) within any period that the Tribunal considers appropriate.
(4) If further documents that are discoverable under subregulation (1)(a) come into the possession, custody or control of a party who has already made discovery, that party is to make further discovery as soon as practicable.
(5) Any document in respect of which privilege is claimed under any law is exempt from discovery.
(6) This regulation does not apply to a referral made under section 81A of the Act, other than a referral made under section 81A(5) of the Act.
7
Inspection of discovered documents
7 Inspection of discovered documents
(1) A party, by notice served on any other party, may request inspection of any discovered document in the possession, custody or control of that other party.
(2) A party on whom a notice is served under subregulation (1) is to provide, within 14 days after the date of service of the notice or within any other period agreed to by the parties, a date, time and place for the inspection of the relevant document.
(3) The Tribunal may order a party who has not complied with subregulation (2) to provide a date, time and place for the inspection of the relevant document within any period that the Tribunal considers appropriate.
(4) A notice under this regulation may be made in combination with a notice under regulation 6 .
8
Inspection of property
8 Inspection of property
(1) On the application of any party, the Tribunal may make an order for the inspection of any property in the possession, custody or control of a party which is relevant to the issues in dispute in any application or referral or as to which any question may arise.
(2) The Tribunal may make an order subject to the condition that the party applying for the order pay the reasonable costs and expenses of any party required to make available the property for inspection.
9
Limitation of certain documents in evidence
9 Limitation of certain documents in evidence
(1) Any plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at the arbitrated hearing unless –
(a) the parties agree, without further proof after having been given an opportunity to inspect it –
(i) before the arbitrated hearing at a time fixed by the Tribunal; or
(ii) if no time is fixed by the Tribunal, within a reasonable period before the arbitrated hearing begins; or
(b) the Tribunal, at or before the arbitrated hearing, otherwise orders.
(2) A party, without notice to any other party, may apply to the Tribunal for an order for evidence of any plan, model, film, audio tape, disk, soundtrack or device referred to in subregulation (1) to be received at the arbitrated hearing without prior disclosure to any other party.
(3) An application is to be made before the arbitrated hearing.
(4) The Tribunal may –
(a) make the order; or
(b) refuse to make the order; or
(c) direct that the application be served on any other party before making an order under paragraph (a) or (b) .
10
Interrogatories
10 Interrogatories
(1) A party is not to interrogate any other party except with the leave of the Tribunal.
(2) The Tribunal may only grant leave to interrogate if, in the opinion of the Tribunal, an interrogatory is likely to –
(a) narrow the issues in dispute; or
(b) shorten the proceedings.
(3) A party is to answer an interrogatory by affidavit.
11
Orders against non-parties
11 Orders against non-parties
(1) The Tribunal may make any or all of the following orders against a person who is not a party to an application or referral:
(a) an order for inspection of a document that is relevant to the issues in dispute in any application or referral;
(b) an order authorising the observation or recording of, or the taking of a sample of or from, any property;
(c) an order that a person make discovery of any document or property that –
(i) is relevant to the issues in dispute in any application or referral; and
(ii) is or has been in the possession, custody or power of that person;
(d) an order that a person answer on oath any interrogatory that is relevant to the issues in dispute in any application or referral.
(2) An order under subregulation (1) may be general or limited to a certain class of documents or property.
12
Failure to comply with directions of conciliator
12 Failure to comply with directions of conciliator
If a party fails to carry out any direction under section 42I of the Act, the Tribunal may make –
(a) an interim order; or
(b) any other order that it considers appropriate.
13
Witness not required to attend arbitrated hearing
13 Witness not required to attend arbitrated hearing
(1) Subject to regulation 14 , a witness is not required to attend an arbitrated hearing if –
(a) the party calling the witness serves an affidavit of the witness or, in the case of an expert witness, a proof of evidence on the other parties not less than 14 days before the date fixed for the hearing; and
(b) within 7 days after the affidavit or proof of evidence is served, another party has not objected to the use of the affidavit or proof of evidence at the hearing.
(3) An affidavit or proof of evidence served under subregulation (1) is receivable at the arbitrated hearing if an objection has not been made.
(4) The Tribunal may order a party whose objection it considers unreasonable to bear the costs associated with the attendance of any witness.
14
Witness requested to attend arbitrated hearing
14 Witness requested to attend arbitrated hearing
(1) A party served with an affidavit or proof of evidence under regulation 13(1)(a) who has not objected under regulation 13(1)(b) within 7 days after that service, may request the attendance of the maker of the affidavit or proof of evidence at an arbitrated hearing for the purpose of cross-examination.
(2) A request is to be –
(a) in writing; and
(b) served on the other parties.
(3) The Tribunal may order a party whose request it considers unreasonable to bear the costs associated with the attendance of any witness.
Division 2
Costs
Division 2 Costs
15
Bill of costs
15 Bill of costs
(1) If costs are not agreed between the parties, the successful party to whom costs have been awarded by an order of the Tribunal may serve a bill of costs on any other unsuccessful party.
(1) An unsuccessful party is taken to admit each item on a bill of costs unless that party delivers to the Registrar, and to the successful party, a notice of objection within 14 days after the date of service of the bill of costs.
(2) A notice of objection is to –
(a) specify the items objected to on the bill of costs; and
(b) specify detailed reasons for each objection; and
(c) include a copy of the bill of costs.
17
Assessment of costs
17 Assessment of costs
(1) After receiving a notice of objection under regulation 16 , the Registrar is to –
(a) fix a date, time and place for an assessment of costs; and
(b) notify the parties accordingly.
(2) At an assessment of costs, the Registrar may allow or disallow costs including costs in respect of the assessment.
(3) An assessment of costs may proceed in the absence of any party.
(4) Within 48 hours after making an assessment of costs, the Registrar is to –
(a) issue a certificate of assessment; and
(b) provide a copy of that certificate to the parties.
(5) If the disallowed costs represent one-sixth or more of the allowed costs specified in the certificate of assessment –
(a) the successful party is not entitled to any costs in respect of the assessment; and
(b) costs in respect of the assessment may be awarded to an unsuccessful party.
18
Review of assessment
18 Review of assessment
(1) A party may apply for a review of assessment within 7 days after receiving the certificate of assessment.
(2) An application is to –
(a) be forwarded to the Tribunal and to the other parties; and
(b) specify any item in respect of which a review is sought; and
(c) state detailed reasons for seeking the review of each item.
(3) On receiving an application, the Tribunal is to –
(a) fix a date, time and place for the review; and
(b) notify the parties accordingly.
(4) In determining the application, the Tribunal may allow or disallow –
(a) any item reviewed; and
(b) costs in respect of the review.
(5) The Tribunal is to provide written reasons for the allowance or disallowance of any item reviewed.
Part 3
Miscellaneous
Part 3 Miscellaneous
19
Prescribed form of notice of right to make claim for compensation
19 Prescribed form of notice of right to make claim for compensation
For the purposes of section 33A of the Act, the notice set out in Schedule 1 is prescribed.
20
Industrial deafness
20 Industrial deafness
(1) In this regulation –
BHI means binaural hearing impairment.
(2) For the purpose of section 73(3) of the Act, the class of persons is the class consisting of persons who are –
(a) medical practitioners with specialised qualifications and experience in otorhinolaryngology; or
(b) full members, or qualified to be full members, of the Audiological Society of Australia.
(3) The following table is prescribed for the purpose of section 73(4) of the Act:
**
Relationship of binaural hearing impairment to impairment of the whole person
**
| | % BHI | % Whole person impairment |
| 1. | 5 or less | 0 |
| 2. | More than 5 | 5 + [0.278 (BHI-5)] (rounded to the nearest whole number) |
21
Maximum amounts for burial and cremation and counselling of family members
21 Maximum amounts for burial and cremation and counselling of family members
(1) For the purpose of section 75(1)(b)(i) of the Act, the prescribed amount is $9,500.
(2) For the purposes of section 75(1)(b)(ii) of the Act, the prescribed amount is $4,000.
22
Prescribed amount for travelling expenses
22 Prescribed amount for travelling expenses
For the purpose of section 76(1)(b) of the Act, the prescribed amount is an amount at the same rate and on the same terms as is prescribed from time to time for the equivalent travelling expenses in clause 3 of Part IV of the Tasmanian State Service Award made under the Industrial Relations Act 1984 by the Tasmanian Industrial Commission constituted under section 5 of that Act.
(a) a prescribed service is the assessment of the degree of a worker's impairment in accordance with section 72 of the Act; and
(b) the class of persons prescribed to provide that service are accredited medical practitioners who are accredited to assess the degree of a worker's impairment.
(a) a worker is to prove continued incapacity by providing a declaration or certificate by a medical practitioner; and
(b) the prescribed interval at which a worker is to prove the matters in that section is every 3 months.
25
Money paid to Public Trustee
25 Money paid to Public Trustee
Money paid to the Public Trustee under section 91(2) of the Act is to be invested, applied or otherwise dealt with by the Public Trustee in accordance with the provisions of the Public Trustee Act 1930 .
26
Information provided to licensed insurer
26 Information provided to licensed insurer
(1) The following information is the other information prescribed for the purposes of section 97(6) and (7) of the Act:
(a) the full name and address of the employer;
(b) the Australian Business Number of the employer;
(c) the main business carried on by the employer;
(d) any other business carried on by the employer;
(e) the number of any full-time workers, part-time workers and casual workers employed by the employer;
(f) the names of any working directors and their family members covered by the policy of insurance.
(2) If an employer is engaged in more than one business at one location, the main business is the business for which the largest proportion of wages is paid.
27
Declaration of provisions of certain laws to be about damages for work-related injuries
27 Declaration of provisions of certain laws to be about damages for work-related injuries
For the purposes of the definition of a State's legislation about damages for a work-related injury in section 138AI of the Act, each of the following laws of a State is declared to be, in relation to the State of which it is a law, the State's legislation about damages for a work-related injury:
(a) Workers Compensation Act 1951 of the Australian Capital Territory;
(b) Workers Compensation Act 1987 of New South Wales;
(c) Workplace Injury Management and Workers Compensation Act 1998 of New South Wales;
(d) Return to Work Act 1986 of the Northern Territory;
(e) Workers' Compensation and Rehabilitation Act 2003 of Queensland;
(f) Return to Work Act 2014 of South Australia;
(g) Accident Compensation Act 1985 of Victoria;
(h) Workplace Injury Rehabilitation and Compensation Act 2013 of Victoria;
(i) Workers’ Compensation and Injury Management Act 1981 of Western Australia.
(a) an offence in a provision of the Act specified in column 1 of the table in Schedule 2 is a prescribed offence; and
(b) the penalty specified in column 2 of the table in Schedule 2 is prescribed as the penalty for a natural person for the relevant offence specified in column 1 of the table; and
(c) the penalty specified in column 3 of the table in Schedule 2 is prescribed as the penalty for a body corporate for the relevant offence specified in column 1 of the table.
SCHEDULE 1 - Form for Purpose
SCHEDULE 1 - Form for Purpose of Section 33A of Act
SCHEDULE 1 - Form for Purpose SCHEDULE 1 - Form for Purpose of Section 33A of Act
| | FORM FOR INFORMATION AS TO RIGHT TO MAKE WORKER'S COMPENSATION CLAIM |
| | Form for information under section 33A of the Workers Rehabilitation and Compensation Act 1988 |
| 1. | On [insert date on which notice of injury was given by worker*] you notified the employer named below (“your employer”) that you had suffered an injury that you believe was caused by your employment with your employer. |
| 2. | In accordance with section 33A of the Workers Rehabilitation and Compensation Act 1988, I advise, on behalf of your employer, that you have the right under that Act to make a claim for compensation for the injury. |
| 3. | If you wish to make a claim for compensation, you should do so as soon as practicable. |
| 4. | Generally, you may only make the claim within 6 months after the date on which the injury occurred. However, if the injury consists of a loss of hearing due to exposure to industrial noise, you may only make the claim while you are still employed by your employer or within 6 months after you stop being employed by your employer. |
| 5. | A claim for compensation must be made on the approved form. You may ask your employer for a copy of the approved form. |
| 6. | You must attach to a claim for compensation a worker’s compensation medical certificate that has been issued by a medical practitioner. |
| 7. | You must tell your employer the name of the medical practitioner who is to have primary responsibility for treating your injury. The practitioner is to provide medical certificates, coordinate your medical treatment for the injury and, if necessary, assist in your rehabilitation and return to work. |
| 8. | If you wish to talk with your employer about any matter related to this notice, you may speak to [insert name of person nominated by employer*] who may be contacted on [insert contact telephone number*]. |
| 9. | If you need assistance in relation to the injury or a claim for compensation, you may telephone the WorkSafe Tasmania Helpline on 1300 366 322 or, for callers outside Tasmania, 03 6166 4600. |
| | Signed by………………[Signature*] |
| | On behalf of the following employer:……………………………..[Name of employer*] |
| | Note: Items marked with an asterisk are to be completed by a person authorised by the employer to give this notice to the injured worker. |
These regulations are administered in the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Workers Rehabilitation and Compensation Regulations 2021 .
2 Commencement
2 Commencement
These regulations take effect on 13 July 2021.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Workers Rehabilitation and Compensation Act 1988 ;
[Regulation 3 Amended by No. 18 of 2021, s. 392, Applied:05 Nov 2021]
[Regulation 3 Amended by No. 18 of 2021, s. 392, Applied:05 Nov 2021]application means an application under the Act to the Tribunal;
[Regulation 3 Amended by No. 18 of 2021, s. 392, Applied:05 Nov 2021]deputy registrar means a Deputy Registrar within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020 ;
document includes –
(a) a copy of a document; and
(b) an audio tape or soundtrack or compact disc; and
(c) a computer program or software and any other information recorded in or processed by a computer; and
(d) a film, photograph, videotape or cinematographic film;
inspect includes the following, with or without the aid of equipment:
(a) view data or visual images embodied in any device;
(b) listen to sounds embodied in any device;
(c) reproduce sounds, data or visual images embodied in any device;
Prescribes data that employers must provide to licensed insurers for the purposes of the Act, including employer identity, ABN, main business, worker counts and names of working directors and their family members covered by policy (reg 26).
Declares that specific State workers compensation statutes are to be treated as "a State's legislation about damages for a work-related injury" for the purpose of the Act’s cross-jurisdictional definition (reg 27).
Identifies the Act offences that may be dealt with by infringement notice under s 148A of the Act and prescribes the penalty in penalty units for natural persons and bodies corporate for each offence (reg 28 and Schedule 2).
The Regulations therefore allocate procedural obligations and timeframes to parties, set evidentiary gates for certain types of media and expert proof, standardise specified monetary thresholds, prescribe who may perform assessments, and create a list of infringement-notice offences with prescribed penalty units. The instrument centralises several administrative choices (for example, the form of the s 33A notice, the BHI conversion formula and the list of prescribed information to insurers) into the Regulations rather than leaving them to guidance or agency policy.
Main concepts
The Regulations centre on a small number of recurring legal and administrative concepts that shape how the Act’s substantive entitlements are delivered.
Tribunal procedure and case management. The Regulations give the Tribunal explicit procedural tools to manage delay (reg 4), compel discovery and inspection (regs 6 to 8), regulate the use of certain documentary forms of evidence (reg 9), limit interrogatories to case-narrowing needs (reg 10), and make orders against non-parties where relevant documents or property are outside the parties’ control (reg 11). These provisions allocate decisional discretion to the Tribunal and set minimum procedural steps and timelines for parties to follow.
Evidence by affidavit, proof of evidence and expert proof. The Regulations allow witnesses and experts to be substituted by written material provided to other parties within specified windows (regs 13 and 14). The term "proof of evidence" is defined in reg 3 and the expert qualification criterion for industrial deafness (reg 20(2)) channels where expertise for certain assessments must come from. The combination of affidavit/proof of evidence rules and the Tribunal’s power to compel attendance creates a hybrid model of written and oral proof, subject to objection and cross-examination rights.
Discovery and disclosure obligations and limits. Regulation 6 prescribes a party’s right to request discovery of those documents or property relevant to issues in dispute, a list of discoverable documents and disclosure of their location, with a 14‑day compliance window subject to Tribunal extension. Privileged documents are expressly exempted (reg 6(5)). There is an explicit carve-out for referrals under s 81A of the Act except for s 81A(5) (reg 6(6)). The Rules thus set a relatively compressed timetable and a duty of ongoing update (reg 6(4)).
Costs economy and assessment. Parties may recover costs, and the Regulations provide procedural steps for serving a bill of costs and objecting to it, with the fees set at 85% of the Supreme Court rules’ Part 1 scale unless the Tribunal orders otherwise (reg 15(2)). The Registrar conducts assessments with tight timetables and issue of certificates within 48 hours (reg 17(4)). The mechanics incentivise early agreement on costs and create specified thresholds (disallowed costs representing one-sixth of allowed costs) that determine entitlement to assessment costs (reg 17(5)).
Prescribed administrative particulars. Several matters that affect both procedure and substantive entitlements are prescribed: the s 33A notice form (Schedule 1), amounts payable for certain dependants’ items (reg 21), a BHI-to-whole-person conversion table (reg 20(3)), the requirement that impairment assessments be done by accredited medical practitioners (reg 23), and a list of information that must be provided to licensed insurers (reg 26). These prescriptions convert administrative choices into regulatory obligations with immediate operational consequences for employers, insurers and practitioners.
Infringement notice regime. By listing Act provisions and associated penalty units in Schedule 2, the Regulations operationalise s 148A of the Act so that contraventions can be dealt with by infringement notice rather than prosecution (reg 28). The selected provisions include employer obligations connected to s 33A, information duties under s 97, and other compliance points scattered through the Act (Schedule 2).
Each concept both constrains and empowers actors: the Tribunal receives procedural tools to press parties to progress, parties face fixed timeframes and disclosure duties, employers and insurers have defined data obligations, and medical practitioners are channelled through accreditation for impairment assessments.
Who it affects
The Regulations create obligations and procedural consequences for multiple identifiable groups in the Tasmanian workers compensation system.
Workers. The Schedule 1 notice is addressed to workers who give notice of injury, specifying claim time limits, the need for a worker’s compensation medical certificate, and the requirement to nominate a medical practitioner to have primary responsibility for treatment (Schedule 1). Reg 24 requires a worker to prove continued incapacity with a declaration or certificate from a medical practitioner at prescribed three-month intervals. Workers with industrial deafness are affected by the BHI conversion table in reg 20(3) which determines whole person impairment calculations under s 73(4) of the Act.
Employers. Employers must provide the s 33A notice in the prescribed form once a worker notifies them of injury (reg 19 prescribes Schedule 1 as the form), or they face an infringement penalty where that Act provision is listed as a prescribed offence (Schedule 2 item 1 referring to s 33A(1)). Employers also provide the specified information to licensed insurers (reg 26), including the employer’s ABN, main and other businesses, counts of full-time/part-time/casual employees, and the names of working directors and family members covered by the policy (reg 26(1)). Employers engaged in multiple businesses at one location must determine the "main business" by wages proportion (reg 26(2)).
Licensed insurers. Regulations 26(1) prescribes the additional information insurers are to receive under s 97(6) and (7) of the Act. Insurers receiving these data can use them for underwriting, premium calculations and claims handling. Licensed insurers are parties who may be required to respond to discovery, produce documents and be bound by Tribunal orders.
Medical practitioners and accredited assessors. Reg 20(2) prescribes the classes of persons qualified for purposes of s 73(3) on industrial deafness: otorhinolaryngologists or full members of the Audiological Society of Australia. Reg 23 prescribes accredited medical practitioners as the class of persons to provide impairment assessments under s 72 of the Act. These prescriptions limit which medical practitioners’ opinions are controlling for statutory assessment purposes.
Tribunal officers and registrars. Regulation 3 defines "deputy registrar" and confirms that "Registrar" includes a deputy registrar, linking the Regulations to Tasmanian Civil and Administrative Tribunal Act 2020 roles. The Registrar is given specific functions in costs assessment and certificate issue (regs 17 and 17(4)).
Legal representatives and advocates. The discovery, inspection, affidavit, and costs regimes prescribe tight procedural windows and impose obligations on legal representatives to prepare discovery lists, arrange inspection dates, serve affidavits or proofs of evidence within specified time frames (eg, 14 days before hearing for affidavits, reg 13(1)(a)), and manage bill-of-costs objections and reviews.
Non-parties. The Tribunal may make orders against non-parties to inspect documents, seize or sample property, require discovery, or compel answers on oath (reg 11). Organisations and individuals not directly party to an application may therefore be drawn into proceedings.
The Public Trustee. Money paid to the Public Trustee under s 91(2) of the Act is to be invested and dealt with according to the Public Trustee Act 1930 (reg 25), affecting estate or trust administration for claim proceeds paid into the Public Trustee.
Employers’ directors and family members. Names of working directors and their family members who are covered by a policy must be provided to insurers (reg 26(1)(f)). This affects privacy, insurance coverage recognition and premium calculations.
The Regulations therefore affect practically every operational participant in the Tasmanian workers compensation system: injured workers, employers, insurers, medical assessors, Tribunal officers, legal representatives and non-parties who hold relevant evidence.
Key duties and rights
This section outlines the principal statutory duties imposed and rights conferred by the Regulations, cross-referenced to the relevant provisions.
Duties
Employer duty to provide prescribed s 33A notice. Regulation 19 prescribes the text in Schedule 1 for the notice an employer must give to a worker who has notified injury. Schedule 1 requires the employer to notify the worker of the right to make a claim, to provide the approved claim form on request, to state claim time limits and to nominate a contact person. Completion of specified fields must be by an authorised person of the employer.
Employer duty to disclose specified information to a licensed insurer. Regulation 26(1) lists items that are "other information prescribed" under s 97(6) and (7) of the Act: full name and address, ABN, main business and other businesses, counts of full-time/part-time/casual workers, and names of working directors and family members covered by the policy. Reg 26(2) prescribes the method for choosing "main business" where multiple businesses operate at one location.
Parties’ discovery and disclosure duties. Regulation 6(1) empowers a party to request discovery of documents and the list and location of discoverable documents; reg 6(2) requires compliance within 14 days or a different period by agreement; reg 6(4) requires further discovery if new discoverable documents come into a party’s custody.
Parties’ duty to provide inspection dates. Regulation 7(2) requires a party served with an inspection request to provide a date, time and place within 14 days.
Witness and expert procedural duties. Regulation 13(1)(a) requires the party calling the witness to serve the witness’s affidavit or an expert’s proof of evidence on other parties not less than 14 days before the arbitrated hearing if the witness is not to attend. Regulation 13(2) creates a 7-day objection window for the opposing parties.
Worker duty to prove continued incapacity. Regulation 24(a) prescribes that a worker must provide a declaration or certificate by a medical practitioner to prove continued incapacity. Regulation 24(b) prescribes the interval for proving such matters as every three months.
Accredited medical practitioners to assess impairment. Regulation 23 prescribes that the service and persons for assessing impairment under s 72 are accredited medical practitioners accredited to assess degree of impairment.
Registrar’s duties on costs assessment. Regulation 17 prescribes steps for the Registrar: fixing date/time/place for assessment (reg 17(1)), allowing or disallowing costs (reg 17(2)), proceeding in absence (reg 17(3)), issuing a certificate within 48 hours and providing copies (reg 17(4)). Regulation 18 prescribes a 7-day limit to apply for review after receipt of the certificate.
Rights and powers
Tribunal powers to manage delay. Regulation 4 gives the Tribunal power to make orders fixing hearing dates, timetables, or "any other order" if it considers conduct has been unduly delayed.
Tribunal power to order discovery and inspection. Regulation 6(3) and reg 7(3) permit the Tribunal to order discovery or inspection where parties do not comply with the specified timeframes.
Tribunal power to order inspection of property and to require payment of reasonable costs. Regulation 8(1)-(2) allows inspection orders and permits conditioning such orders on the applicant paying the reasonable costs of making the property available.
Tribunal discretion over reception of audiovisual and multimedia evidence. Regulation 9 establishes that recorded media are not receivable at an arbitrated hearing unless the parties agree after inspection or the Tribunal otherwise orders. The Tribunal can receive or exclude such evidence or direct service of an application where a party seeks reception without prior disclosure (reg 9(2)-(4)).
Parties’ right to request witness attendance following service of affidavit/proof of evidence. Regulation 14 allows a party who has not objected to request the attendance of the maker for cross-examination, subject to written request and Tribunal cost orders if unreasonable.
Registrar’s power to assess and certify costs. Regulation 17(2)-(4) furnishes the Registrar with power to allow or disallow costs, proceed in absence, and issue a certificate, with subsequent review rights to the Tribunal (reg 18).
Sanctions, enforcement and remedies are layered: infringement notices for selected Act offences (reg 28 and Schedule 2), Tribunal orders (including timetables, interim orders on non-compliance with conciliator directions , reg 12), costs orders and assessments with certifiable outcomes (regs 15 to 18), and the possibility of enforcement against non-parties (reg 11). The Regulations set procedural rights for cross-examination, objection and review so that the parties have specified mechanisms to contest evidence and costs decisions.
Penalties and enforcement
The Regulations implement and shape enforcement mechanisms already embedded in the Act and the Tribunal’s powers. They specify which Act provisions may be dealt with by infringement notice and the applicable penalty units, and they create procedural pathways by which non-compliance may be addressed.
Infringement notice offences and prescribed penalties. Regulation 28(1) and (2) designate particular Act provisions as "prescribed offences" for the purposes of section 148A of the Act, and Schedule 2 lists those provisions together with penalties in penalty units for natural persons and bodies corporate. Schedule 2 lists 18 entries. Examples include s 33A(1) (failure to give the prescribed notice), s 39(1), s 77AA(1), s 81(2) and s 97 subsections among others. For each listed offence the prescribed penalty is 2 penalty units for a natural person and 5 penalty units for a body corporate (Schedule 2 columns 2 and 3). The Regulations therefore make infringement notices available for a set of compliance-type contraventions of the Act.
Tribunal orders for procedural non-compliance and delay. Regulation 4 empowers the Tribunal to make orders where conduct has been unduly delayed, including fixing hearing dates and timetables and making consequential orders for non-compliance. Regulation 12 gives the Tribunal power to make interim or other orders where a party fails to carry out a conciliator’s directions under s 42I of the Act. These are coercive but discretionary remedies to drive case progression.
Orders against non-parties. Under reg 11 the Tribunal may order inspection of documents or property, require discovery from persons who are not parties, authorise observation, sampling or recording of property, or require answers on oath to interrogatories relevant to the dispute. These powers enable enforcement beyond the immediate litigating parties.
Costs and certificate enforcement. The Registrar assesses costs and issues a certificate within a specified time (reg 17(4)). Where a certificate is issued, the successful party may enforce costs orders under the Tribunal’s and the Act’s enforcement mechanisms. The costs assessment rules crystallise costs liabilities and provide a short review window (reg 18), after which the certificate is final unless reviewed in accordance with the Regulations.
Admissibility rules as de facto enforcement. Reg 9 restricts admission of recorded media unless the parties have inspected the material before the arbitrated hearing or the Tribunal orders otherwise. This rule functions as an evidentiary gate: failure to comply with pre-hearing inspection may result in exclusion of material that a party seeks to rely on.
Timeline-related consequences. The Regulations create short compliance windows (14 days for discovery compliance, 14 days for affidavit service where attendance is not required, 7 days for objections, 14 days to object to bills of costs, 7 days for review of assessment). Non-compliance with these windows triggers Tribunal powers to order compliance, allow evidence at hearing subject to objection rules, or determine costs against the non-complying party. Those procedural defaults may produce immediate practical and financial consequences.
The Regulations specify penalties in penalty units rather than dollar amounts. Enforcement of those penalty units will therefore depend on the statutory conversion of penalty units into dollar amounts governed elsewhere. The Regulations augment the Act’s enforcement toolkit by making a range of compliance failures suitable for infringement notices and by conferring express procedural coercive powers on the Tribunal and the Registrar.
How it interacts with other laws
The Regulations repeatedly reference and operate in conjunction with other Tasmanian statutes and rules. The instrument does not stand alone; it slots into an existing legal architecture.
Workers Rehabilitation and Compensation Act 1988. The Regulations operate under and for purposes of the Act. Numerous provisions explicitly state that the Regulation prescribes particulars for sections of the Act, for example reg 19 for s 33A, reg 20 for s 73(3) and (4), reg 21 for s 75(1)(b), reg 22 for s 76(1)(b), reg 23 for s 77A(3), reg 24 for s 83, reg 25 for s 91(2), reg 26 for s 97(6) and (7), reg 27 for s 138AI and reg 28 for s 148A. The Regulations therefore supplement the Act by supplying the administrative, evidentiary and monetary details required for operationalising those Act provisions.
Tasmanian Civil and Administrative Tribunal Act 2020. Regulation 3 defines "deputy registrar" with reference to that Act, and reg 3’s definition of "Registrar" includes a deputy registrar, anchoring the Registrar’s role under regs 17 and 18 within the Tribunal’s statutory staffing and delegation regime.
Supreme Court Rules 2000. Regulation 15(2) fixes the bill-of-costs fees at 85% of the fees set out in Part 1 of Schedule 1 to the Supreme Court Rules 2000. That cross-reference imports the Supreme Court’s fee schedule as a benchmark to calculate recoverable fees in Tribunal proceedings under the Act unless the Tribunal orders otherwise.
Industrial Relations Act 1984 and the Tasmanian State Service Award. Regulation 22 prescribes travelling expenses at the same rate and terms as those prescribed from time to time for the equivalent travelling expenses in clause 3 of Part IV of the Tasmanian State Service Award, which was made under the Industrial Relations Act 1984. This ties tribunal travel allowances to a public-sector industrial award benchmark.
Public Trustee Act 1930. Regulation 25 directs that money paid to the Public Trustee under s 91(2) of the Act must be invested and dealt with in accordance with that Act. This link governs investment strategy, fees and distribution timing for funds handed to the Public Trustee.
State workers compensation and related statutes. Regulation 27 declares specific State statutes from each jurisdiction to be a "State's legislation about damages for a work-related injury" for the purposes of s 138AI of the Act. The list includes Acts from the Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Victoria and Western Australia. This declaration affects cross-jurisdictional interaction with federal thresholds and arrangements under the Act.
Penalty unit framework. Schedule 2 prescribes penalties in penalty units. The Regulations do not state the dollar value of a penalty unit. The conversion to a monetary amount depends on the statute or instrument that fixes the value of a penalty unit in Tasmania, outside the body of the Regulations. The Regulations therefore operate with reference to a broader penalty-unit monetary framework.
Rules Publication Act 1953. The Schedules are displayed and numbered in accordance with the Rules Publication Act 1953 and the Regulations note their Gazette notification date (30 June 2021). This affects the formality and publication requirements for the instrument.
Overall, the Regulations act as a connective tissue between the Act and several other regimes: tribunal staffing and procedure, court costs scales, public-sector awards, public trustee administration, and interstate workers compensation statutes. They convert policy and statutory references into operational rules that must be interpreted and complied with in the context of those other instruments.
Amendment history
The instrument as provided includes limited amendment history annotations embedded in the text.
Commencement and Gazette details. The Regulations were notified in the Gazette on 30 June 2021 and commence operation on 13 July 2021 (reg 2; endnote in the instrument).
Amendments to reg 3. The interpretation provisions in regulation 3 bear an annotation that they were amended by No. 18 of 2021, s 392, applied 05 Nov 2021. The instrument reproduces that amendment annotation against the definitions for "Act", "application", and "deputy registrar" (reg 3). Those notes indicate that reg 3 was altered by the 2021 amending instrument No. 18 s 392, with an applied date in November 2021.
Rescission of reg 5. The text notes that Regulation 5 was rescinded by No. 18 of 2021, s 393, applied 05 Nov 2021. The Regulations therefore have at least one rescission recorded in that amending instrument.
Stability of other provisions. No further amendment annotations appear in the supplied instrument text. The schedules and key monetary amounts (for example, reg 21 burial/cremation $9,500 and counselling $4,000) appear as enacted values and not presented as amended thereafter in the provided text.
Administration. The instrument records that it is administered in the Department of Justice; this is a form of administrative attribution rather than an amendment, but it may be relevant where later administrative changes are made.
This is the amendment history contained in the provided text. The instrument does not include a consolidated list of prior instruments other than the two amendment references to No. 18 of 2021 that affect reg 3 and reg 5. Any further amendment history would need to be checked in the Tasmanian legislation database or Gazette beyond the materials supplied here.
Litigation history
The text of the Regulations contains no references to litigation, case law, reported decisions or judicial interpretation. There are no cases named in the instrument. The Regulations therefore present implementing rules and prescriptions without embedded judicial commentary or reported disputes.
Practitioners seeking to understand how these Regulations have been interpreted by the Tribunal or courts will need to search Tasmanian Tribunal decisions and judicial databases for rulings that cite these Regulations or the relevant regulated Act provisions (for example, cases dealing with admissibility of audio-visual material under reg 9, discovery orders under reg 6, or costs certificates under reg 17). The instrument itself offers no litigation guidance and does not record any contested application of its provisions.
Absent any reported decisions in the text, the practical effect of some provisions , such as how rigorously the Tribunal will apply the 14-day discovery deadlines, when it will exercise discretion to receive audiovisual material despite a failure of prior inspection, or how frequently infringement notices are issued under the Schedule 2 items , must be determined from Tribunal practice and any administrative guidance or subsequent judicial exposition. The Regulations, as printed, set the framework; fact-specific case law will determine how the Tribunal exercises its considerable procedural discretion.
Gotchas
This section flags specific provisions and operational details in the Regulations that frequently generate practical risk, require active compliance management, or produce non-obvious consequences.
Short and prescriptive timeframes. Discovery compliance is required within 14 days after service (reg 6(2)). Inspection requests require provision of date/time/place within 14 days (reg 7(2)). Affidavits or proofs of evidence intended to stand in for attendance must be served not less than 14 days before hearing (reg 13(1)(a)), with a 7-day objection window (reg 13(1)(b) and reg 13(2)). Objection to a bill of costs must be delivered within 14 days (reg 16(1)). A party seeking review of a costs certificate has only 7 days (reg 18(1)). The Registrar must issue a certificate within 48 hours of assessment (reg 17(4)). These compressed windows create a significant compliance burden and a high operational risk of procedural default where parties or representatives are not proactive.
Documentary and media admissibility gate. Reg 9 creates a specific gate for plans, models, films, audio tapes, discs and similar devices, which are not receivable at an arbitrated hearing unless inspected by the parties before hearing or the Tribunal orders reception. If a party fails to allow inspection before hearing or neglects to seek a Tribunal order in advance, that evidence may be excluded, even where it might be central to the case. The Regulations also permit a party to apply, without notice, to have such evidence received without prior disclosure (reg 9(2)-(4)), but the Tribunal’s discretion may be exercised against surprise receipt in the interests of fairness.
Privilege carve-out but ongoing discovery duty. Regulation 6(5) confirms privilege is a basis for non-disclosure. However reg 6(4) imposes an ongoing duty to make further discovery as soon as practicable if further discoverable documents come into a party’s possession. Parties must therefore actively monitor for newly discoverable material and make supplementary disclosures promptly, balancing privilege and disclosure obligations.
Discovery non-applicability to particular referrals. Regulation 6(6) excludes the discovery regime for referrals under s 81A of the Act, except for s 81A(5) referrals. Parties bringing or defending such referrals must be aware of the limited discovery options and plan evidence strategies accordingly.
Costs recovery set below Supreme Court rates. Regulation 15(2) fixes bill-of-costs fees at 85% of Part 1 Supreme Court Rules fees unless the Tribunal orders otherwise. This can reduce recoverable amounts relative to full Supreme Court fees and may influence settlement calculus, particularly for legal practices calculating write-on/write-off on Tribunal work.
Working directors and family names reported to insurers. Regulation 26(1)(f) requires employers to supply names of working directors and their family members covered by a policy. This requirement has potential privacy and underwriting implications and may affect premium calculation and coverage scope if not accurately reported.
Prescribed medical assessor classes narrow availability. For industrial deafness reg 20(2) prescribes otorhinolaryngologists with specialised qualifications and full members of the Audiological Society of Australia, and reg 23 requires accredited medical practitioners for impairment assessments. Where local availability of such specialists is limited, this may create access delays or increased cost for assessments.
Business classification at single location based on wages. Under reg 26(2) the "main business" where multiple businesses operate at one location is the business for which the largest proportion of wages is paid. This wage‑based rule can shift how a location is classified for insurer reporting and may have implications for premium allocation or scheme statistics.
Monetary caps on burial/cremation and counselling. Regulation 21 prescribes $9,500 for burial/cremation and $4,000 for counselling of family members (reg 21(1) and (2)). These are fixed amounts and can be an immediate budget constraint for claims involving fatalities.
Infringement penalties expressed as penalty units. Schedule 2 prescribes penalties in penalty units (eg 2 units for natural persons, 5 units for bodies corporate in most listed items). Without the dollar conversion in the Regulations, parties must check the current value of a penalty unit to calculate the monetary fine. This can cause uncertainty for budgeting or compliance planning if the value of a penalty unit changes.
Registrar-led timelines for cost assessments. The Registrar issues a certificate within 48 hours after assessment (reg 17(4)), and significant consequences flow from the certificate; the review window is short (7 days, reg 18(1)). Parties must be prepared to act promptly to seek review where appropriate.
Affidavit substitution for live evidence is conditional. A party may avoid calling a witness at an arbitrated hearing only if the affidavit/proof of evidence is served at least 14 days before and no objection is made within 7 days (reg 13). The risk is that opposing parties may lodge objections within 7 days to preserve cross-examination rights, forcing real-time attendance and costs for travel and witness availability.
Tribunal discretion is broad. Many provisions expressly vest broad discretion in the Tribunal to make "any other order it considers appropriate" (reg 4(1)(c)), to order otherwise on admissibility (reg 9(1)(b)), and to make orders against non-parties (reg 11). That discretion creates unpredictability in outcomes where facts are contested.
These are concrete operational “gotchas” that arise from the scope and wording of particular Regulations and the Schedules.
How to comply
This section offers concrete compliance steps tied to specific Regulations and Schedules. It is intended as an operational checklist for employers, insurers, medical practitioners and legal representatives.
For employers
Adopt and use the prescribed s 33A notice format. Where a worker notifies an injury, issue the Schedule 1 notice without delay and ensure the authorised person completes the starred fields (Schedule 1 notes). Failure to give the prescribed notice engages the infringement offence listed in Schedule 2 (item 1, s 33A(1)). Keep a dated record of delivery to the worker.
Prepare insurer information in the format and detail required by reg 26(1). Maintain up-to-date records of full legal name and address, ABN, main and other businesses, counts of full-time/part‑time/casual workers and the names of any working directors and family members covered by the policy. For a multi-business single location, calculate main business by proportion of wages (reg 26(2)).
Keep contemporaneous records of medical practitioner nominations. Schedule 1 requires the worker to tell the employer the name of the medical practitioner who will have primary responsibility for treating the injury. Record and retain that nomination.
Maintain document preservation and discovery readiness. Implement file retention and e‑discovery procedures to respond to discovery requests within 14 days (reg 6(2)) and to make further discovery promptly when new discoverable material arises (reg 6(4)). Ensure privileged documents are clearly identified for claim of privilege (reg 6(5)).
Provide inspection dates promptly. If served with an inspection request, provide date/time/place within 14 days (reg 7(2)). Budget for reasonable costs if inspection access imposes expenses on the employer and the Tribunal conditions inspection on cost recovery (reg 8(2)).
For workers and treating medical practitioners
Ensure claims have the required medical certificate attached. Schedule 1 item 6 states a claim for compensation must have a worker’s compensation medical certificate issued by a medical practitioner. Ensure claims are supported accordingly.
Nominate a treating medical practitioner and ensure continuity. Schedule 1 item 7 requires the worker to nominate the practitioner responsible for coordinating treatment and providing medical certificates. Maintain clear records of treating practitioner coordination.
Maintain proof of continued incapacity every three months. Regulation 24 prescribes a declaration or certificate by a medical practitioner every three months to prove continued incapacity. Practitioners providing those certificates should be aware of the statutory interval and maintain timely issuance.
For industrial deafness claims, use prescribed experts and conversion. For s 73(3) and (4) purposes, rely on otorhinolaryngologists with specialised qualifications or full members of the Audiological Society of Australia (reg 20(2)), and apply the prescribed conversion table (reg 20(3)) to calculate whole person impairment from BHI.
For legal representatives and advocates
Manage tight procedural windows. Calendar and diarise discovery response windows (14 days), affidavit/proof of evidence service (14 days before hearing), objection periods (7 days), bill-of-costs objection windows (14 days), Registrar certification deadlines (issue within 48 hours after assessment) and review windows (7 days for review of certificate). Non-adherence may forfeit procedural or substantive advantages.
Use affidavit and proof of evidence rules strategically. Serve affidavits or proofs of evidence at least 14 days before hearing where the witness is not to attend (reg 13(1)(a)), but be prepared for opposing party objections within 7 days and for requests to call the witness for cross‑examination (reg 14).
Prepare for restricted interrogatories. Seek Tribunal leave to interrogate (reg 10) and ground the application in narrowing issues or shortening proceedings. Prepare interrogatory answers by affidavit (reg 10(3)).
Anticipate multimedia evidentiary gates. If intending to rely on plans, films, recordings or other media, either arrange for pre-hearing inspection by parties or seek a Tribunal order in advance (reg 9). If seeking late admission without prior disclosure, file the application before the hearing and be ready to justify receipt without prior inspection (reg 9(2)-(4)).
Plan cost recovery against 85% Supreme Court fees. When drafting bills of costs, use the 85% rate from reg 15(2) unless the Tribunal has ordered otherwise. Prepare robust notices of objection when necessary and be ready for Registrar assessment and a 48-hour certification window (reg 17).
For insurers
Ensure receipt and use of employer-provided data. Build systems to receive the specific data points in reg 26(1) and verify employer-provided ABNs and worker counts. Confirm the "main business" determination in multi-business locations per reg 26(2).
Prepare for Tribunal procedural obligations. Insurers will often be parties in Tribunal proceedings and must comply with discovery, inspection and affidavit rules and may be subject to orders against non-parties (reg 11). Maintain records and processes for quick document retrieval.
For the Public Trustee and administrators
Apply the Public Trustee Act 1930 for invested funds. Money paid to the Public Trustee under s 91(2) is to be invested and applied pursuant to the Public Trustee Act, as required by reg 25. Accounting and distribution practices should conform to that Act.
General operational controls
Update templates and client advice packs. Provide employers with a Schedule 1-compliant notice template and training about who may sign it, the starred fields and the 6-month and special hearing-loss time-limits in item 4 of Schedule 1.
Maintain a registry of accredited assessors. Given reg 23 prescribes accredited medical practitioners for impairment assessments, employers, insurers and lawyers should compile contacts for accredited assessors to avoid delays.
Monitor penalty unit values. Because Schedule 2 prescribes penalties in penalty units, compliance officers should monitor the current dollar value of a Tasmanian penalty unit to calculate potential fines.
Track Tribunal case management practice. The Tribunal has broad discretion in delaying and discovery enforcement; monitor Tribunal decisions and practice directions to anticipate how the Tribunal applies these Regulations in practice.
These compliance steps convert the Regulations’ prescriptions into practical tasks. Missing the short deadlines or failing to use the prescribed forms are avoidable sources of exposure. Implementation of simple administrative controls , dated checklists, document preservation and rapid-response discovery teams , materially reduces the risk created by the tight statutory windows.
party means a party to an application or referral;
proof of evidence means a written statement containing the substance of an expert witness's evidence;
property includes real and personal property;
referral means a referral under the Act;
Registrar includes a deputy registrar;
working director means a person who –
(a) is a director of a company; and
(b) performs work for that company under a contract of service.
Part 2 Practice and Procedure
Part 2 Practice and Procedure
Division 1 Practice and procedure of Tribunal
Division 1 Practice and procedure of Tribunal
4 Delay
4 Delay
(1) If the Tribunal considers that the conduct of an application or referral has been unduly delayed, the Tribunal, by giving notice to the parties, may make any of the following orders:
(a) an order fixing the date on which an arbitrated hearing is to occur;
(b) an order fixing a timetable for the completion of any proposed action by the parties and any consequential order if that timetable is not complied with;
(c) any other order it considers appropriate.
(2) In determining whether or not the conduct of an application or referral has been unduly delayed, the Tribunal is to have regard to any time limits fixed by these regulations or the Act.
(3) Any party may request that the Tribunal make an order under subregulation (1) .
5.
[Regulation 5 Rescinded by No. 18 of 2021, s. 393, Applied:05 Nov 2021]
6 Discovery
6 Discovery
(1) A party, by notice in writing served on any other party, may request –
(a) discovery of any document or property that is relevant to the issues in dispute in any application or referral; and
(b) a list of all documents discoverable under paragraph (a) ; and
(c) disclosure of the location of those documents.
(2) A party on whom a notice is served under subregulation (1) is to comply with the notice within 14 days after the date of service of the notice or within any other period agreed to by the parties.
(3) The Tribunal may order a party who has not complied with subregulation (2) to make discovery under subregulation (1) within any period that the Tribunal considers appropriate.
(4) If further documents that are discoverable under subregulation (1)(a) come into the possession, custody or control of a party who has already made discovery, that party is to make further discovery as soon as practicable.
(5) Any document in respect of which privilege is claimed under any law is exempt from discovery.
(6) This regulation does not apply to a referral made under section 81A of the Act, other than a referral made under section 81A(5) of the Act.
7 Inspection of discovered documents
7 Inspection of discovered documents
(1) A party, by notice served on any other party, may request inspection of any discovered document in the possession, custody or control of that other party.
(2) A party on whom a notice is served under subregulation (1) is to provide, within 14 days after the date of service of the notice or within any other period agreed to by the parties, a date, time and place for the inspection of the relevant document.
(3) The Tribunal may order a party who has not complied with subregulation (2) to provide a date, time and place for the inspection of the relevant document within any period that the Tribunal considers appropriate.
(4) A notice under this regulation may be made in combination with a notice under regulation 6 .
8 Inspection of property
8 Inspection of property
(1) On the application of any party, the Tribunal may make an order for the inspection of any property in the possession, custody or control of a party which is relevant to the issues in dispute in any application or referral or as to which any question may arise.
(2) The Tribunal may make an order subject to the condition that the party applying for the order pay the reasonable costs and expenses of any party required to make available the property for inspection.
9 Limitation of certain documents in evidence
9 Limitation of certain documents in evidence
(1) Any plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at the arbitrated hearing unless –
(a) the parties agree, without further proof after having been given an opportunity to inspect it –
(i) before the arbitrated hearing at a time fixed by the Tribunal; or
(ii) if no time is fixed by the Tribunal, within a reasonable period before the arbitrated hearing begins; or
(b) the Tribunal, at or before the arbitrated hearing, otherwise orders.
(2) A party, without notice to any other party, may apply to the Tribunal for an order for evidence of any plan, model, film, audio tape, disk, soundtrack or device referred to in subregulation (1) to be received at the arbitrated hearing without prior disclosure to any other party.
(3) An application is to be made before the arbitrated hearing.
(4) The Tribunal may –
(a) make the order; or
(b) refuse to make the order; or
(c) direct that the application be served on any other party before making an order under paragraph (a) or (b) .
10 Interrogatories
10 Interrogatories
(1) A party is not to interrogate any other party except with the leave of the Tribunal.
(2) The Tribunal may only grant leave to interrogate if, in the opinion of the Tribunal, an interrogatory is likely to –
(a) narrow the issues in dispute; or
(b) shorten the proceedings.
(3) A party is to answer an interrogatory by affidavit.
11 Orders against non-parties
11 Orders against non-parties
(1) The Tribunal may make any or all of the following orders against a person who is not a party to an application or referral:
(a) an order for inspection of a document that is relevant to the issues in dispute in any application or referral;
(b) an order authorising the observation or recording of, or the taking of a sample of or from, any property;
(c) an order that a person make discovery of any document or property that –
(i) is relevant to the issues in dispute in any application or referral; and
(ii) is or has been in the possession, custody or power of that person;
(d) an order that a person answer on oath any interrogatory that is relevant to the issues in dispute in any application or referral.
(2) An order under subregulation (1) may be general or limited to a certain class of documents or property.
12 Failure to comply with directions of conciliator
12 Failure to comply with directions of conciliator
If a party fails to carry out any direction under section 42I of the Act, the Tribunal may make –
(a) an interim order; or
(b) any other order that it considers appropriate.
13 Witness not required to attend arbitrated hearing
13 Witness not required to attend arbitrated hearing
(1) Subject to regulation 14 , a witness is not required to attend an arbitrated hearing if –
(a) the party calling the witness serves an affidavit of the witness or, in the case of an expert witness, a proof of evidence on the other parties not less than 14 days before the date fixed for the hearing; and
(b) within 7 days after the affidavit or proof of evidence is served, another party has not objected to the use of the affidavit or proof of evidence at the hearing.
(2) An objection under subregulation (1)(b) is to be –
(a) in writing; and
(b) served on the other parties.
(3) An affidavit or proof of evidence served under subregulation (1) is receivable at the arbitrated hearing if an objection has not been made.
(4) The Tribunal may order a party whose objection it considers unreasonable to bear the costs associated with the attendance of any witness.
14 Witness requested to attend arbitrated hearing
14 Witness requested to attend arbitrated hearing
(1) A party served with an affidavit or proof of evidence under regulation 13(1)(a) who has not objected under regulation 13(1)(b) within 7 days after that service, may request the attendance of the maker of the affidavit or proof of evidence at an arbitrated hearing for the purpose of cross-examination.
(2) A request is to be –
(a) in writing; and
(b) served on the other parties.
(3) The Tribunal may order a party whose request it considers unreasonable to bear the costs associated with the attendance of any witness.
Division 2 Costs
Division 2 Costs
15 Bill of costs
15 Bill of costs
(1) If costs are not agreed between the parties, the successful party to whom costs have been awarded by an order of the Tribunal may serve a bill of costs on any other unsuccessful party.
(2) Unless the Tribunal otherwise orders, the fees in a bill of costs are to be at the rate of 85% of the fees set out in Part 1 of Schedule 1 to theSupreme Court Rules 2000 .
16 Objection to bill of costs
16 Objection to bill of costs
(1) An unsuccessful party is taken to admit each item on a bill of costs unless that party delivers to the Registrar, and to the successful party, a notice of objection within 14 days after the date of service of the bill of costs.
(2) A notice of objection is to –
(a) specify the items objected to on the bill of costs; and
(b) specify detailed reasons for each objection; and
(c) include a copy of the bill of costs.
17 Assessment of costs
17 Assessment of costs
(1) After receiving a notice of objection under regulation 16 , the Registrar is to –
(a) fix a date, time and place for an assessment of costs; and
(b) notify the parties accordingly.
(2) At an assessment of costs, the Registrar may allow or disallow costs including costs in respect of the assessment.
(3) An assessment of costs may proceed in the absence of any party.
(4) Within 48 hours after making an assessment of costs, the Registrar is to –
(a) issue a certificate of assessment; and
(b) provide a copy of that certificate to the parties.
(5) If the disallowed costs represent one-sixth or more of the allowed costs specified in the certificate of assessment –
(a) the successful party is not entitled to any costs in respect of the assessment; and
(b) costs in respect of the assessment may be awarded to an unsuccessful party.
18 Review of assessment
18 Review of assessment
(1) A party may apply for a review of assessment within 7 days after receiving the certificate of assessment.
(2) An application is to –
(a) be forwarded to the Tribunal and to the other parties; and
(b) specify any item in respect of which a review is sought; and
(c) state detailed reasons for seeking the review of each item.
(3) On receiving an application, the Tribunal is to –
(a) fix a date, time and place for the review; and
(b) notify the parties accordingly.
(4) In determining the application, the Tribunal may allow or disallow –
(a) any item reviewed; and
(b) costs in respect of the review.
(5) The Tribunal is to provide written reasons for the allowance or disallowance of any item reviewed.
Part 3 Miscellaneous
Part 3 Miscellaneous
19 Prescribed form of notice of right to make claim for compensation
19 Prescribed form of notice of right to make claim for compensation
For the purposes of section 33A of the Act, the notice set out in Schedule 1 is prescribed.
20 Industrial deafness
20 Industrial deafness
(1) In this regulation –
BHI means binaural hearing impairment.
(2) For the purpose of section 73(3) of the Act, the class of persons is the class consisting of persons who are –
(a) medical practitioners with specialised qualifications and experience in otorhinolaryngology; or
(b) full members, or qualified to be full members, of the Audiological Society of Australia.
(3) The following table is prescribed for the purpose of section 73(4) of the Act:
**
Relationship of binaural hearing impairment to impairment of the whole person
**
| | % BHI | % Whole person impairment |
| 1. | 5 or less | 0 |
| 2. | More than 5 | 5 + [0.278 (BHI-5)] (rounded to the nearest whole number) |
21 Maximum amounts for burial and cremation and counselling of family members
21 Maximum amounts for burial and cremation and counselling of family members
(1) For the purpose of [section 75(1)(b)(i)](/view/html/info
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