10–13(Repealed)
Part 2 WorkCover Authority of New South Wales
Division 1 Constitution of Authority
(1) There is constituted by this Act a corporation with the corporate name of the WorkCover Authority of New South Wales.(2) The Authority is, for the purposes of any Act, a statutory body representing the Crown.
(cf 1989 s 5)
(1) There is to be a Board of Directors of the Authority.(2) The Board is to consist of 8 directors, being:(a) the General Manager of the Authority, and(b) 7 part-time directors appointed by the Governor on the recommendation of the Minister.(3) The persons recommended for appointment by the Minister must have such managerial, commercial or other qualifications or experience as the Minister considers necessary to enable the Board of Directors to exercise its functions.(4) (Repealed)(5) A person cannot be a member of both the Council and the Board at the same time unless the person is the General Manager of the Authority or the Chairperson of the Council.(6) Schedule 3 has effect with respect to the Board of Directors.
(cf 1989 s 7)
The General Manager of the Authority is the General Manager holding office as such under Part 2 of the Public Sector Management Act 1988.
Division 2 Management of Authority
(cf 1989 s 9)
The Board of Directors and the General Manager are, in the exercise of their respective functions, subject to the control and direction of the Minister, except in relation to the contents of any advice, report or recommendation given to the Minister.
(cf 1989 s 6)
(1) The Board of Directors has the function of determining the administrative policies of the Authority.(2) In exercising that function, the Board of Directors must, as far as practicable, ensure that the activities of the Authority are carried out properly and efficiently.
(1) There is to be a Workers Compensation Insurance Fund Investment Board.(2) The Investment Board is to consist of 6 members, being:(a) the General Manager, and(b) 5 part-time members appointed by the Governor on the joint recommendation of the Minister and the Treasurer.(3) The persons recommended for appointment as members of the Investment Board must have such business, investment or other qualifications or experience as the Minister and the Treasurer consider necessary to enable the Investment Board to exercise its functions.(4) The Investment Board has the following functions:(a) determining investment policies for the investment of the Insurance Fund,(b) reporting to the Minister on the investment performance of the Insurance Fund.(5) The functions of the Board of Directors do not include any function of the Investment Board.(6) Schedule 3A has effect with respect to the Investment Board.
(cf 1989 s 8)
(1) Subject to sections 18 and 19, the affairs of the Authority are to be managed and controlled by the General Manager.(2) Any act, matter or thing done in the name of, or on behalf of, the Authority by the General Manager is taken to have been done by the Authority.
(cf 1989 s 11)
(1) The Authority may delegate to an authorised person any of the functions of the Authority (other than this power of delegation).(2) A delegate may sub-delegate to an authorised person any function delegated by the Authority if the delegate is authorised in writing to do so by the Authority.(3) In this section:authorised person means:
(a) an officer of the Authority, or(b) a person of a class prescribed by the regulations or of a class approved by the Board of Directors.
Division 3 Functions of Authority
22 General functions of the Authority
(cf 1989 s 12)
(1) The general functions of the Authority are:(a) to be responsible for ensuring compliance with the workers compensation legislation and the occupational health and safety legislation,(b) to be responsible for the day to day operational matters relating to the schemes to which any such legislation relates,(c) to monitor and report to the Minister on the operation and effectiveness of the workers compensation legislation and the occupational health and safety legislation, and on the performance of the schemes to which that legislation relates,(d) to undertake such consultation as it thinks fit in connection with current or proposed legislation relating to any such scheme as it thinks fit,(d1) to monitor and review key indicators of financial viability and other aspects of any such schemes,(e) to report and make recommendations to the Minister on such matters as the Minister requests or the Authority considers appropriate.(2) The Authority has such other functions as are conferred or imposed on it by or under the workers compensation legislation, the occupational health and safety legislation or any other legislation.(3) In exercising its functions, the Authority must:(a) promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces, and(b) promote the prompt, efficient and effective management of injuries to persons at work, and(c) ensure the efficient operation of workers compensation insurance arrangements, and(d) ensure the appropriate co-ordination of arrangements for the administration of the schemes to which the workers compensation legislation or the occupational health and safety legislation relates.(4) The Authority cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Authority to exercise its functions.
(cf 1989 s 13)
(1) The Authority has, in particular, the following functions:(a) to initiate and encourage research to identify efficient and effective strategies for the prevention and management of occupational injury and for the rehabilitation of injured workers,(b) to ensure the availability of high quality education and training in such prevention, management and rehabilitation,(c) to develop equitable and effective programs to identify areas of unnecessarily high costs in or for schemes to which the workers compensation legislation or the occupational health and safety legislation relates,(d) to foster a co-operative relationship between management and labour in relation to the health, safety and welfare of persons at work,(e) to encourage liaison between employers, insurers, accredited rehabilitation providers, medical practitioners and other health professionals in the interests of early and effective injury management and rehabilitation of injured workers,(f) to identify (and facilitate or promote the development of programs that minimise or remove) disincentives for injured workers to return to work or for employers to employ injured workers, or both,(g) to assist in the provision of measures to deter and detect fraudulent workers compensation claims,(h) to develop programs to meet the special needs of target groups, including:• workers who suffer severe injuries• injured workers who are unable to return to their pre-injury occupation• injured workers who are unemployed• persons who live in remote areas• women• persons of non-English speaking background• persons who have a disability,(i) to facilitate and promote the establishment and operation of:• occupational health and safety committees at places of work• return-to-work programs• occupational health and safety representatives or other agreed arrangements for consultation at places of work,(j) to investigate workplace accidents,(k) to develop policies for injury management, worker rehabilitation, and assistance to injured workers,(l) to monitor the operation of requirements and arrangements imposed or made by or under the workers compensation legislation or the occupational health and safety legislation, including requirements and arrangements for all or any of the following:• injury management• worker rehabilitation• workers compensation insurance• workers compensation insurer licensing,and to commence and conduct prosecutions for offences in connection with any such requirements and arrangements,(m) to collect, analyse and publish data and statistics, as the Authority considers appropriate,(n) to provide advisory services to workers, employers, insurers and the general community (including information in languages other than English),(o) to provide funds for or in relation to:• measures for the prevention or minimisation of occupational injuries or diseases• occupational health and safety education,(p) to arrange, or facilitate the provision of, interpreter services to assist injured workers,(q) to provide and administer (subject to the regulations) a legal aid service for persons who are parties to proceedings relating to workers compensation,(r) to provide administrative and other support to the Council and Industry Reference Groups.(2) The Authority is not prevented from exercising any function that is the same as or similar to a function being exercised or capable of being exercised by the Council.
23A Nominal Insurer functions of Authority
(1) The Authority has such additional functions as may be necessary or convenient for enabling the Authority to act for the Nominal Insurer and to ensure that the Nominal Insurer’s functions are able to be exercised without restriction by any of the Authority’s other functions.(2) When acting for the Nominal Insurer, the Authority has and may exercise all the functions of the Nominal Insurer and is not limited by any of the Authority’s other functions.(3) When acting for the Nominal Insurer, the Authority must exercise its functions so as to ensure the efficient exercise of the functions of the Nominal Insurer and the proper collection of premiums for policies of insurance and the payment of claims in accordance with this Act and the 1987 Act.
24–27(Repealed)
Part 4 Workers Compensation and Workplace Occupational Health and Safety Council of New South Wales
There is constituted by this Act a Workers Compensation and Workplace Occupational Health and Safety Council of New South Wales.
29 Membership and procedure of Council
(1) The Council is to consist of the following members:(a) 1 person appointed by the Minister who is to be Chairperson of the Council,(b) 5 persons appointed by the Minister as employer representatives from a panel of at least 6 persons nominated by such bodies or organisations representing employers as are approved by the Minister,(c) 5 persons appointed by the Minister as employee representatives from a panel of at least 6 persons nominated by Unions NSW, with one of those 5 appointed to represent injured workers,(d) 1 person appointed by the Minister to represent legal practitioners,(e) 1 person appointed by the Minister to represent medical practitioners,(f) 1 person appointed by the Minister to represent other health care professionals,(g) 1 person appointed by the Minister to represent insurers,(h) 1 person appointed by the Minister, being a person whom the Minister considers has expertise in injury management and rehabilitation,(i) 1 person appointed by the Minister, being a person whom the Minister considers has expertise in occupational health and safety,(j) 2 other persons appointed by the Minister.(2) In appointing members of the Council, the Minister is to ensure that the interests of rural employers and employees are adequately represented.(3) Schedule 2 has effect with respect to the Council.
(1) The Council has the following functions:(a) to provide advice to the Minister on any matter relating to occupational health and safety, injury management and workers compensation that the Minister refers to the Council for advice,(b) to provide advice to the Minister on matters of concern to scheme participants arising from the operation of current workers compensation legislation and occupational health and safety legislation, including advice on more appropriate strategies for achieving the objectives of that legislation,(c) to serve as a channel of communication between scheme participants and the Minister,(d) to provide advice to the Minister on emerging issues, problems or trends in relation to occupational health and safety, injury management and workers compensation,(d1) to provide advice to the Minister on proposals for WorkCover Guidelines and regulations under the workers compensation legislation,(e) to examine the operation of the WorkCover scheme,(f) such other functions as are conferred or imposed on it by or under this or any other Act.(1A) Before a WorkCover Guideline, or a regulation (whether made under this Act or the 1987 Act) is published in the Gazette, a copy of the Guideline or the regulation must be provided to the Council.(2) In this section:scheme participants means employers, employees and other participants in the schemes to which the workers compensation legislation and occupational health and safety legislation relate.
Part 5 Industry Reference Groups
(1) The Authority is to establish a system of Industry Reference Groups. The Authority may abolish any such Group at any time.(2) The Authority may establish an Industry Reference Group consisting of such number of members as the Authority thinks fit and may assign to it terms of reference.(3) An Industry Reference Group is:(a) to consist of equal numbers of representatives of workers and employers, and(b) to comprise persons who in the opinion of the Authority have appropriate expertise or experience in matters relating to workers compensation, occupational health and safety or injury management.(4) Members of the Authority may, but need not, be members of Industry Reference Groups.(5) The procedure for the calling of meetings of an Industry Reference Group and for the conduct of business at those meetings is to be as determined by the Authority or (subject to any determination of the Authority) by the Group.
33 Functions of Industry Reference Groups
(1) The functions of an Industry Reference Group are as set out in the terms of reference assigned to it.(2) The functions of an Industry Reference Group may include the following:(a) to develop industry specific strategies for:• injury prevention• injury management• the education of and giving of practical advice to workers and employers,(b) to liaise with the Authority,(c) to investigate and report to the Authority on specific matters of concern arising under or in connection with any workers compensation legislation.
Division 1 WorkCover Authority Fund
(cf 1989 s 18)
The Authority is required to establish and maintain a WorkCover Authority Fund.
35 Payments into and from Fund
(cf 1989 s 19)
(1) The following is to be paid into the WorkCover Authority Fund:(a) money contributed by insurers and self-insurers under Division 2,(b) money required to be paid into the Fund by or under this or any other Act,(c) all other money received by the Authority and not otherwise appropriated.(2) The following is to be paid from the WorkCover Authority Fund:(a) the remuneration (including allowances) of the Board of Directors, Investment Board and staff of the Authority,(b) the remuneration (including allowances) of members of, and any other costs of operation of, the Council and any consultative body established by the Authority,(c) (Repealed)(d) expenditure incurred by the Department of Industrial Relations in relation to the exercise of the functions of conciliators under this Act by conciliators who are officers of that Department, including the remuneration payable to those officers,(e) the remuneration (including allowances) of conciliators appointed under this Act who are not officers of the Department of Industrial Relations,(e1) the costs of operation of the Commission including the remuneration (and allowances) of the members and of the staff of the Commission, and the remuneration of approved medical specialists,(f) payments required to be made under section 35A (Residual and ongoing costs of Compensation Court jurisdiction),(g) all payments required to meet expenditure incurred in relation to the functions of the Authority,(h) all other money required by or under this or any other Act to be paid from the Fund.(3) The maximum amount payable from the WorkCover Authority Fund for the costs of operation of the Compensation Court is to be the amount determined by the Minister administering the Compensation Court Act 1984 after consultation with the Minister administering this Act.
35A Certain ongoing costs of Compensation Court jurisdiction
(1) The following costs are payable from the WorkCover Authority Fund:(a) the costs of operation of the Compensation Court (until the repeal of the Compensation Court Act 1984),(b) such of the costs of operation of the District Court, incurred on or before 30 June 2005, relating to matters that would have been matters within the jurisdiction of the Compensation Court (had the repeal Act not been enacted) as the Ministers agree are to be paid from the Fund, and(c) such of the ongoing costs of operation of the Compensation Court (those costs determined as if the repeal Act had not been enacted) as the Ministers agree are to be paid from the Fund, and(d) such other costs resulting from the operation of the repeal Act as the Ministers agree are to be paid from the Fund.(2) The costs of operation of a court include:(a) the remuneration (including allowances) of Judges of the court and of officers and employees of the public service employed in connection with the exercise of functions of the court, and(b) costs associated with the employment and remuneration of those Judges and officers and employees and of retired Judges of the court (such as contributions for and payments of pensions and superannuation benefits), and(c) court accommodation.(3) In this section:repeal Act means the Compensation Court Repeal Act 2002.
the Ministers means the Minister administering the District Court Act 1973 and the Minister administering this Act.
(cf 1989 s 20)
The Authority may invest money held by it:(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power to invest money held by the Authority, in any other manner approved by the Minister with the concurrence of the Treasurer.
Division 2 Contributions to WorkCover Authority Fund
(cf 1987 s 258)
In this Division:Comcare employer means an employer who:
(a) is licensed under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth after a declaration of eligibility under that Part made on the basis that the employer is a corporation carrying on business in competition with a Commonwealth authority or with another corporation that was previously a Commonwealth authority, and(b) would otherwise be required:(i) to obtain and maintain in force a policy of insurance pursuant to section 155 of the 1987 Act, or(ii) to be licensed as a self-insurer.deemed premium income, in relation to the contribution payable by a self-insurer or Comcare employer under this Division for any period during a financial year, means the amount that the self-insurer or Comcare employer would have been liable to pay (in such circumstances as may be prescribed by the regulations) to a licensed insurer as premiums on policies of insurance that would otherwise be required under the 1987 Act during that period if the person were not a self-insurer or Comcare employer, and:
(a) includes any amount prescribed by the regulations for the purposes of this paragraph in relation to that financial year, and(b) does not include any amount prescribed by the regulations for the purposes of this paragraph in relation to that financial year.financial year, in relation to an insurer:
(a) includes the period after 4 pm on the day preceding the first day of the financial year, and(b) does not include the period after 4 pm on the last day of the financial year.insurer means a licensed insurer or a former licensed insurer who was previously a licensed insurer under this Act.
38 Assessment by Authority of amount to be contributed to Fund
(cf 1987 s 260)
The Authority is required, as soon as practicable in respect of each financial year:(a) to make an estimate of the total of the amounts already paid and the amounts to be paid from the WorkCover Authority Fund during that financial year, and(b) to determine what amounts, if any, are to be set aside as provision to meet expenditure from the Fund in future years, and specify for what purpose each such provision is being made, and(c) to make an estimate of the total amounts (including the amounts already received) to be received into the Fund during that financial year otherwise than by way of contributions in respect of that financial year from insurers, self-insurers and Comcare employers under this Division, and(d) to determine the total amount to be contributed to the Fund in respect of that financial year by insurers, self-insurers and Comcare employers under this Division after having regard to the amounts standing to the credit of the Fund at the beginning of the year, including any amounts set aside in earlier years as provisions to meet expenditure in later years, and the amounts estimated under paragraph (c) to be received into the Fund during the year, and(e) to specify in writing the estimates, provisions and amounts to be contributed to the Fund by insurers, self-insurers and Comcare employers.
39 Contributions to Fund by insurers and self-insurers
(cf 1987 s 261)
(1) Each insurer and self-insurer must pay the contributions prescribed by this section to the Authority for payment into the WorkCover Authority Fund.(2) The contribution to be paid by an insurer in respect of each financial year is an amount equal to the percentage (determined by the Authority in accordance with this section) of the premium income of the insurer in respect of that financial year.(3) The contribution to be paid by a self-insurer, in respect of each financial year (being a financial year during the whole or part of which the person was a self-insurer) is an amount equal to the percentage (determined by the Authority in accordance with this section) of the deemed premium income of the self-insurer during the relevant period when the person was a self-insurer.(4) The percentage determined by the Authority pursuant to subsections (2) and (3):(a) is to be such as, in the opinion of the Authority, will be sufficient to yield the total amount to be contributed to the Fund by insurers and self-insurers in respect of the relevant financial year as determined pursuant to section 38, and(b) is to be the same percentage for all insurers and for all self-insurers, and(c) (Repealed)(5) A contribution by an insurer is payable at such times and in respect of premium income received during such periods in such manner as may be determined by the Authority and notified to the insurer.(6) A contribution by a self-insurer is payable in such instalments and at such times as may be determined by the Authority and notified to the self-insurer.(6A) The Authority may, at any time during or after a financial year, re-determine the percentages determined pursuant to subsections (2) and (3) in respect of the financial year if the estimated total amount of premium income and deemed premium income for the financial year is less than the previously estimated amount on which the original determination of the percentage was based.(6B) If a percentage is re-determined, the Authority is to make the necessary adjustments to the contributions payable by insurers and self-insurers.(7) If a contribution payable by an insurer or a self-insurer has not been paid within the time prescribed by or under this section:(a) the insurer or self-insurer is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and(b) the amount of that contribution together with a late payment fee calculated at the rate of 15 per cent of that amount per annum compounded quarterly (or, where another rate is prescribed, that other rate) may be recovered by the Authority as a debt in any court of competent jurisdiction.(8) Subject to subsection (4), more than one percentage may be determined by the Authority for different portions of a financial year for the purposes of subsection (2) or (3).(9) A certificate executed by the Authority as to the amount of a contribution payable under this section by an insurer or self-insurer specified in the certificate and the due date for payment is (without proof of its execution by the Authority) admissible in proceedings under this section and is evidence of the matters specified in the certificate.(10) The obligation of a person (being a self-insurer) to make a contribution under this section in respect of any period during which the person was a self-insurer does not cease merely because the person subsequently ceases to be a self-insurer.
39A Contributions to Fund by Comcare employers
(1) Each Comcare employer must pay the contributions prescribed by this section to the Authority for payment into the WorkCover Authority Fund.(2) The contribution to be paid by a Comcare employer, in respect of each financial year (being a financial year during the whole or part of which the person was a Comcare employer), is an amount equal to the percentage (determined by the Authority in accordance with this section) of the deemed premium income of the Comcare employer during the relevant period when the person was a Comcare employer.(3) The percentage determined by the Authority pursuant to subsection (2):(a) subject to paragraph (b), is to be such as, in the opinion of the Authority, will be sufficient to yield the total amount to be contributed to the Fund by Comcare employers in respect of the relevant financial year as determined pursuant to section 38, and(b) is to be 60%, or such other percentage (not exceeding 70%) as determined by the Authority by order, of the percentage determined in accordance with section 39, and(c) is to be rounded to 2 decimal places, and(d) is to be the same percentage for all Comcare employers.Example. If the percentage determined in accordance with section 39 is 4%, unless an order under subsection (3) (b) has been made, the percentage under subsection (2) will be (60% × 4% =) 2.40%.If the percentage determined in accordance with section 39 is still 4%, but an order under subsection (3) (b) has been made increasing that percentage to 62.1%, then the percentage under subsection (2) will be (62.1% × 4% = 2.484%, then rounded to the nearest two decimal places) 2.48%.
(4) A contribution by a Comcare employer is payable in such instalments and at such times as may be determined by the Authority and notified to the Comcare employer.(5) The Authority may, at any time during or after a financial year, re-determine the percentage determined pursuant to subsection (2) in respect of the financial year if the estimated total amount of premium income and deemed premium income for the financial year is less than the previously estimated amount on which the original determination of the percentage was based.(6) If a percentage is re-determined, the Authority is to make the necessary adjustments to the contributions payable by Comcare employers.(7) If a contribution payable by a Comcare employer has not been paid within the time prescribed by or under this section:(a) the Comcare employer is guilty of an offence and liable to a penalty not exceeding 100 penalty units, and(b) the amount of that contribution together with a late payment fee calculated at the rate of 15% of that amount per annum compounded quarterly (or, where another rate is prescribed, that other rate) may be recovered by the Authority as a debt in any court of competent jurisdiction.(8) Subject to subsection (3), more than one percentage may be determined by the Authority for different portions of a financial year for the purposes of subsection (2).(9) A certificate executed by the Authority as to the amount of a contribution payable under this section by a Comcare employer specified in the certificate and the due date for payment is (without proof of its execution by the Authority) admissible in proceedings under this section and is evidence of the matters specified in the certificate.(10) The obligation of a person (being a Comcare employer) to make a contribution under this section in respect of any period during which the person was a Comcare employer does not cease merely because the person subsequently ceases to be a Comcare employer.(11) This section does not apply to a Comcare employer on and from the date that the Comcare employer becomes subject to the Occupational Health and Safety (Commonwealth Employment) Act 1991 of the Commonwealth.
Division 3 Financial year of Authority
40 Financial year of Authority
(cf 1989 s 21)
(1) The financial year of the Authority is the year commencing on 1 July.(2) A different financial year may be determined by the Treasurer under section 4 (1A) of the Public Finance and Audit Act 1983.