168Compensation in the form of superannuation contributions

168 Compensation in the form of superannuation contributions (a) there is caused to a worker an injury arising out of, or in the course of employment; and (b) compensation in the form of weekly payments— (i) has been paid or is payable to the worker in respect of that injury for an aggregate period of 52 weeks (whether or not consecutive); and (ii) has not ceased to be paid or payable in respect of that injury; and S. 168(1)(c) amended by No. 73/2016 s. 13. (c) the worker has not attained retirement age— the Authority or self-insurer must, subject to the worker nominating a complying fund to the Authority or self-insurer and providing details of his or her tax file number to the trustee of the nominated complying fund within 3 months of receipt of a notice under subsection (4), pay, in accordance with this section, for the benefit of the worker, compensation in the form of superannuation contributions to the nominated complying fund. (2) Subsection (1) does not apply in respect of a worker in relation to any period in respect of which— (a) the worker's employer makes contributions for the benefit of the worker to any scheme or fund for the payment of superannuation, retirement benefits or death benefits (other than under a salary sacrifice agreement or arrangement); and (b) those contributions— (i) exceed the contributions (if any) necessary for the employer to avoid an individual superannuation guarantee shortfall under the Superannuation Act in respect of a worker; and (ii) are made for the purpose of discharging an obligation of the employer to the worker that arises because of the worker's injury under any public sector superannuation scheme, agreement or arrangement or any law of the Commonwealth or a State or Territory relating to superannuation or an industrial award. (3) The amount that the Authority or self-insurer is liable to pay, subject to and in accordance with this section, as compensation in the form of superannuation contributions for the benefit of a worker is the amount equal to the charge percentage of the compensation in the form of weekly payments payable to the worker under this Part after the expiry of the period referred to in subsection (1)(b)(i) other than— (a) compensation under section 164, unless the worker is receiving compensation under section 165; and (b) compensation under section 170. (4) Subject to subsection (1), the Authority or self‑insurer must, within 28 days after becoming aware that it is liable to pay to a worker compensation in the form of superannuation contributions subject to and in accordance with this section, notify the worker in writing— (a) that the Authority or self-insurer is so liable and of the date on which it became so liable; and (b) of the amount of its liability, expressed as the charge percentage of the weekly amount that the worker receives as compensation in the form of weekly payments in respect of the injury; and (c) that the Authority or self-insurer is required to pay the contributions to a complying fund nominated by the worker; and (d) that the worker is required to nominate a complying fund to the Authority or self‑insurer; and (e) that contributions cannot be paid to the nominated complying fund unless the worker, or the worker's employer on behalf of the worker, has provided details of the worker's tax file number to the trustee of the nominated complying fund; and (f) that the worker is entitled to nominate a different complying fund, but not more than once in any period of 12 months; and (g) that, if the worker does not nominate a complying fund, or does not provide sufficient details to enable contributions to be paid to a complying fund, within 3 months after the date on which the notice under this subsection is given to the worker, the Authority or self-insurer is not liable to pay compensation in the form of superannuation contributions in respect of any period before it receives those details. (5) Subject to subsection (1), payment under this section must be made to the worker's nominated complying fund— (a) in the case of the Authority, within— (i) 30 days after it is informed by the worker's employer that compensation in the form of weekly payments has been paid; or (ii) 120 days after compensation in the form of weekly payments has been paid— whichever first occurs; (b) in the case of a self-insurer, at least quarterly. (6) Despite anything to the contrary in section 92, the Authority is liable to pay compensation in the form of superannuation contributions in accordance with this section. (7) Where the liability of the Authority under this section is discharged, the discharge is to be treated as if a liability of the employer is discharged. ***charge percentage*** means the percentage applicable for the time being under section 19(2) of the Superannuation Act; ***complying fund*** means a complying superannuation fund or scheme within the meaning of section 7 of the Superannuation Act but does not include— (a) a defined benefit superannuation scheme within the meaning of section 6A(1) of that Act; or (b) a scheme that is a defined benefit superannuation scheme because of section 6A(2) of that Act; ***Superannuation Act*** means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth. Subdivision 3—Compensation after retirement