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- Chapter 1 Preliminary
- 1 Name of Act
- 2 Commencement
- 3 System objectives
- 4 Definitions
- 5 Deemed employment of workers
- 6 Application of Act in certain respects
- 7 Act binds Crown
- 8 Certain Acts not affected
- 9
- 9A Application of Act in respect of coal industry
- Chapter 2 Administration
- Part 1
- Part 2 WorkCover Authority of New South Wales
- Division 1 Constitution of Authority
- 14 Constitution of Authority
- 15 Board of Directors
- 16 General Manager
- 17
- Division 2 Management of Authority
- 18 The Minister
- 19 Board of Directors
- 19A Investment Board
- 20 General Manager
- 21 Delegation of functions
- Division 3 Functions of Authority
- 22 General functions of the Authority
- 23 Specific functions
- 23A Nominal Insurer functions of Authority
- Part 3
- Part 4 Workers Compensation and Workplace Occupational Health
and Safety Council of New South Wales
- 28 Constitution of Council
- 29 Membership and procedure of Council
- 30 Functions of Council
- 31
- Part 5 Industry Reference Groups
- 32 Industry Reference Groups
- 33 Functions of Industry Reference Groups
- Part 6 Financial provisions
- Division 1 WorkCover Authority Fund
- 34 WorkCover Authority Fund
- 35 Payments into and from Fund
- 35A Certain ongoing costs of Compensation Court
jurisdiction
- 36 Investment
- Division 2 Contributions to WorkCover Authority
Fund
- 37 Definitions
- 38 Assessment by Authority of amount to be contributed to
Fund
- 39 Contributions to Fund by specialised insurers and
self-insurers
- 39A Contributions to Fund by Comcare employers
- Division 3 Financial year of Authority
- 40 Financial year of Authority
- Chapter 3 Workplace injury management
- 41 Object and application of Chapter
- 41A Chapter applies even when liability disputed
- 42 Definitions
- 42A Injury management pilot projects
- 42B Claims assistance
- 43 Injury management programs
- 44 Early notification of workplace injury
- 45 Injury management plan for worker with significant
injury
- 45A Injury management consultants
- 46 Employer’s injury management plan
obligations
- 47 Worker’s injury management plan
obligations
- 48 Injured worker’s obligation to return to
work
- 49 Employer must provide suitable work
- 50 Payment of cost of treatment of injured worker
- 51
- 52 Workplace rehabilitation
- 53 Vocational re-education etc provided by
Authority
- 54 Second-injury scheme
- 55 Compliance by insurers
- 55A Compliance by scheme agents
- 56 Compliance by employer
- 57 Compliance by worker
- 58 Liability not affected
- 59 Regulations
- Chapter 4 Workers compensation
- Part 1 Compensation—general
- 60 Liability, benefits, common law and other
matters
- Part 2 Compensation—claims and proceedings
- Division 1 Notice of injury etc and claims for
compensation
- 60A Application of Division
- 61 Notice of injury to be given to employer
- 62 Provisions relating to giving of notice of
injury
- 63 Register of injuries
- 64 Notice of incapacity, medical etc treatment and damage to
property
- 65 Making a claim for compensation
- 66 Manner of making claim for compensation
- 67, 68
- 69 Action by employer in respect of claims
- Division 2 Administration by insurers of claims for
compensation or damages
- 70 Definitions
- 71 Duty of claimant to co-operate
- 72 Inspection of relevant claims information
- 73 Insurer to provide copies of reports to worker
- 74 Insurers to give notice and reasons when liability
disputed
- 74A Duty of insurer to pay compensation promptly
- 75 Report about delays and the incurring of unreasonable
costs by insurers
- Division 3 Conciliation of disputes by conciliator
- 75A Division applies only to existing claims
- 76 Definition of “dispute”
- 77 Principal Conciliator and other conciliators
- 78 Referral of disputes for conciliation
- 79 Conciliation of disputes
- 79A Exchange of information before conciliation
- 80 Power of conciliator to require information
- 81 Power of conciliator to provide information and documents
to a party
- 81A Parties to conciliation to provide copies of documents
before conciliation conference
- 82 Summons to appear at conciliation conference
- 83 Role for conciliator in preparing for medical
panel
- 84 Certificates as to conciliation of disputes
- 85 Time within which disputes must be referred to
conciliation
- 86 Agreements arising from conciliation
- 87 Control and direction of conciliators
- 88 Conciliation costs
- 89 Protection of conciliators
- 90 Proceedings before conciliators
- 91 Regulations
- Division 4 Special provisions with respect to weekly payments
of compensation
- 91A Division applies only to existing claims
- 92 Definitions
- 93 Claims for weekly compensation—commencement of
payments
- 94 Offences—commencement of weekly payments
- 95 Direction by conciliator—commencement or
continuation of weekly payments
- 96 Maximum period of weekly payments of compensation under
direction of conciliator
- 97 Revocation of directions of conciliator
- 98 Offence—failure to comply with directions
- 99 Payment under direction etc not admission of
liability
- 100 Direction under section 95 not to be challenged on
technicality
- Division 5 Restrictions on commencing court
proceedings
- 100A Division applies only to existing claims
- 101 Restrictions on commencing court proceedings about weekly
payments
- 102 Restrictions on commencing court proceedings for lump sum
compensation
- 103 Restrictions on commencing court proceedings about
medical, hospital and other expenses
- 104 Court rules and regulations providing for evidence of
compliance
- Division 6 Proceedings before Commission or the Compensation
Court
- 105 Jurisdiction of Commission and Compensation
Court
- 106 Authority may intervene in proceedings
- 107 Applications to be heard together
- 108 Interim awards
- 109 Interest before order for payment
- 110 Interest after order for payment
- 111 Interest on agreed payment of lump sum
compensation
- 111A Costs provisions apply only to existing claim
matters
- 112 Costs
- 113 Regulations fixing maximum costs recoverable by legal
practitioners or agents
- 114 Maximum fees recoverable by medical practitioners for
medico-legal services
- 115 Limit on recovery of costs unreasonably
incurred
- 116 Solicitor/client costs in compensation
proceedings
- 117 Admissibility of statements by injured workers
- 118 Registration of certain persons involving interpreting
etc services
- Division 7 Medical examinations and disputes
- 118A Application of certain provisions of Division only to
existing claims
- 119 Medical examination of workers at direction of
employer
- 120 Medical examination of worker at direction of
Commission
- 121 Assessment of medical disputes by approved medical
specialists
- 122 Referral of medical disputes to referee or panel on
application of worker or employer
- 123 Reference of medical disputes by Principal
Conciliator
- 124 Submission by Court, conciliator etc of matters to
medical referee or panel for report
- 125 Reimbursement of worker for loss of wages and expenses
associated with medical examination
- 126 Copies of certain medical reports to be supplied to
worker
- 127 Admissibility of medical reports
- 128 Admissibility and evidentiary value of certificates and
reports of medical referees and panels
- 129 Power to correct mistakes in medical reports or
certificates
- 130 Rules of Court and regulations with respect to medical
evidence
- Division 8 Prohibited conduct relating to touting for
claims
- 131 Definitions
- 132 Prohibited conduct by agents
- 133 Offence of engaging in prohibited conduct
- 134 Consequences of prohibited conduct for recovery of fees
by agents
- 135 Consequences of prohibited conduct for lawyers
- 136 Lawyers and agents can be requested to certify as to
prohibited conduct
- 137 Power to restrict or ban recovery of costs by agents who
engage in prohibited conduct
- 138 Power to restrict or ban recovery of costs by
solicitors
- 139 Power to restrict or ban agents who engage in prohibited
conduct
- 140 Past conduct included in assessing persistent
conduct
- 141 Duty of claimants to comply with requests for information
about agents and lawyers
- 142 Regulation of advertising
- Chapter 5
- Chapter 6 Miscellaneous
- 230A Premium Discount Schemes
- 231 Posting summary of Act
- 232 Worker’s right to information
- 233 No contribution from workers
- 234 No contracting out
- 235 Non-assignability of compensation
- 235A Fraud on workers compensation scheme
- 235B Remedy available where claim fraudulent
- 235C False claims
- 235D Order for refund of overpayments of
compensation
- 236 Service of notices
- 237 Service of documents
- 238 Powers of entry and inspection by officers of
Authority
- 238A Search warrant
- 238AA Power to obtain information, documents and
evidence
- 238B Protection from incrimination
- 238C Authorised officer may request assistance
- 239 Authority may obtain documents from certain
registries
- 240 Personal liability
- 241 Seals
- 242 Recovery of money by Authority
- 243 Disclosure of information
- 243A Information gathering and use by Authority and Nominal
Insurer
- 244 Offences by corporations
- 245 Proceedings for offences
- 245A Evidence—criminal proceedings under OHS
legislation
- 246 Penalty notices
- 247 Time for instituting proceedings
- 248 Regulations
- 248A Review of Act
- 249 Repeal of WorkCover Administration Act
1989 No 120
- Chapter 7 New claims procedures
- Part 1 Preliminary
- 250 Interpretation
- 251 Application of Chapter
- Part 2 Giving notice of injury and making a claim
- Division 1 Notice of injury
- 252 Application of Division
- 253 Interpretation
- 254 Notice of injury must be given to employer
- 255 How notice of injury is given
- 256 Register of injuries
- 257 Notice of incapacity, medical etc treatment and damage to
property
- 258 Offence
- Division 2 Making a claim for compensation or
damages
- 259 Application of Division
- 260 How a claim is made
- 261 Time within which claim for compensation must be
made
- 262 Time within which claim for work injury damages must be
made
- 263 Lump sum compensation claims to be made at same
time
- 264 Action by employer in respect of claims, injuries and
compensation
- Part 3 Dealing with claims
- Division 1 Special provisions for commencement of weekly
payments after initial notification of injury
- 265 Application of Division
- 266 Meaning of initial notification of injury
- 267 Duty to commence weekly payments following initial
notification of injury
- 268 Insurer must notify worker of reasonable excuse for not
commencing weekly payments
- 269 Notice to be given of commencement of weekly
payments
- 270 Obligations of worker to provide authorisations and
medical evidence
- 271 Liability to make weekly payments not affected by making
of claim
- 272 Recovery by insurer
- 273 Provision for recovery of excess for provisional
payments
- Division 2 Claims for weekly payments
- 274 Liability to be accepted and weekly payments commenced
within 21 days
- 275 Duty to commence provisional weekly payments if claim is
first notification of injury
- 276 Continuation of provisional payments started before claim
made
- 277 Provision for recovery of excess for provisional
payments
- 278 Early acceptance of liability not prevented
- Division 3 Claims for medical expenses
- 279 Liability to be accepted within 21 days
- 280 Provisional acceptance of liability
- Division 4 Claims for lump sum compensation and work injury
damages
- 280A Claim for lump sum compensation a pre-condition to
damages claim
- 281 Liability to be accepted and settlement offer
made
- 282 Relevant particulars about a claim
- Division 5 Enforcement of claims obligations
- 283 Offence of failing to determine a claim for
compensation
- 284 Insurer liable to pay fee if claim goes to
assessment
- 285 Offence of referring non-genuine disputes
- 286 Partial acceptance of liability
- Part 4 Compensation dispute determination
- 287 Disputes to which Part applies
- 287A Reviews prior to referral
- 288 Referral of disputes to Commission
- 289 Restrictions as to when dispute can be referred to
Commission
- 289A Further restrictions as to when a dispute can be
referred to Commission
- 290 Information exchange between parties
- 291 Duties of insurer when dispute referred to
Commission
- 292 Expedited assessment
- 293 Medical assessment
- 294 Certificate of Commission’s
determination
- 294A Rules and regulations concerning medical
evidence
- Part 5 Expedited assessment
- Division 1 Preliminary
- 295 Disputes to which Part applies
- 296 Exercise of functions of Registrar
- Division 2 Disputes concerning weekly payments or medical
expenses
- 297 Directions for interim payment of weekly payments or
medical expenses compensation
- 298 Period for which interim payment of weekly payments can
be directed
- 299 Revocation of interim payment direction
- 300 Offence of failure to comply with interim payment
direction
- 301 Effect of payment under interim payment
direction
- 302 Rules relating to interim payment directions
- 303 Commission can give interim payment direction
- 304 Recovery of payments
- Division 2A Disputes concerning past weekly
payments
- 304A Disputes to which Division applies
- 304B Registrar may deal with dispute
- Division 3 Disputes about non-compliance with Chapter
3
- 305 Disputes to which Division applies
- 306 Ways in which dispute can be dealt with
- 307 Registrar can recommend certain action
- 308 Compliance with recommendations of Registrar
- 309 Employers—representation and admissions
- 310 Referral of dispute to Commission
- Part 6 Court proceedings for work injury damages
- Division 1 Preliminary
- 311 Interpretation
- 312 Forum for court proceedings
- Division 2 Threshold for award of damages
- 313 Threshold dispute prevents service of pre-filing
statement and commencement of court proceedings
- 314 What constitutes threshold dispute
- Division 3 Pre-filing statements
- 315 Requirement for pre-filing statement before commencing
court proceedings
- 316 Defendant must respond to pre-filing statement
- 317 Defective pre-filing statement
- 318 Parties limited to pre-filing statement and
defence
- Division 4 Mediation
- 318A Mediation of claim before commencement of court
proceedings
- 318B Mediator to bring parties to agreement
- 318C Legal and other assistance at mediation
- 318D Powers of mediators
- 318E Offers made at mediation not to be disclosed to
court
- 318F Appointment of mediators
- 318G Protection of mediators
- 318H Mediation fees
- Division 5 General
- 318I Orders for access to information and premises
- Part 7 Medical assessment
- 319 Definitions
- 320 Appointment of approved medical specialists
- 321 Referral of medical dispute for assessment
- 322 Assessment of impairment
- 323 Deduction for previous injury or pre-existing condition
or abnormality
- 324 Powers of approved medical specialist on
assessment
- 325 Medical assessment certificate
- 326 Status of medical assessments
- 327 Appeal against medical assessment
- 328 Procedure on appeal
- 329 Referral of matter for further medical assessment or
reconsideration
- 330 Costs of medical assessment
- 331 Guidelines
- Part 8 Costs
- Division 1 Preliminary
- 332 Definitions
- 333 Costs to which Part applies
- 334 Part prevails over Legal Profession Act
2004
- 335 Assessment of costs
- 336 Exclusion of matters from this Part
- Division 2 Fixing of maximum costs and fees
- 337 Maximum lawyer and agent costs
- 338 Costs of obtaining medical and other reports
- 339 Maximum fees payable to health service
providers
- Division 3 Special provisions for costs in compensation and
damages assessment matters
- 340 Application of Division
- 341 Costs to be determined by Commission
- 342 Costs unreasonably incurred
- 343 Restrictions on recovery of solicitor/client
costs
- 344 Liability of legal practitioner for client’s costs
in certain cases
- 345 Costs penalties where appeal is unsuccessful
- Division 3A Special provisions for costs in work injury
damages proceedings
- 346 Costs
- Division 4 Costs assessment
- 347 Regulations for costs assessment
- 348
- Part 9 Proceedings before Commission
- 349 Arrangement of business
- 350 Decisions of Commission
- 351 Reference of question of law on compensation claim to
Commission constituted by Presidential member
- 352 Appeal against decision of Commission constituted by
Arbitrator
- 353 Appeal against decision of Commission constituted by
Presidential member
- 354 Procedure before Commission
- 355 Arbitrator to attempt conciliation
- 356 Representation before Commission
- 357 Power of Commission to require information
- 358 Power of Commission to provide documents and information
to a party
- 359 Summons to appear at conference or hearing
- 360 Powers of Commission to require evidence
- 361 Protection of legal practitioners, witnesses and
others
- 362 Recovery of amounts ordered to be paid
- 363
- 364 Rules of the Commission
- 365 Publication of decisions and inspection of registers of
agreements
- Part 10 Administration
- Division 1 Workers Compensation Commission
- 366 Establishment of Commission
- 367 Objectives of Commission
- 368 Members of Commission
- 369 Qualifications for appointment
- 370 Functions of members
- 371 Functions of Registrar
- 372 Control and direction of members of Commission
- 373 Provisions concerning members
- 374 Staff and facilities
- 375 Constitution of Commission for particular
proceedings
- Division 2 WorkCover guidelines
- 376 Issue of guidelines
- 377 Special requirements relating to WorkCover Guidelines
relating to impairment
- Part 11 Reconsideration of decisions
- 378 Reconsideration of decisions
- Schedule 1 Deemed employment of workers
- Schedule 2 Provisions relating to Council
- Schedule 3 Provisions relating to Board of
Directors
- Schedule 3A Provisions relating to Investment
Board
- Schedule 4
- Schedule 5 Provisions relating to members of
Commission
- Schedule 5A Injury management pilot projects
- Schedule 6
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