1 Name of Act
2 Commencement
2A Relationship to Workplace Injury Management and Workers Compensation Act 1998
3 Definitions
4 Definition of “injury”
4A Directors of uninsured employer not entitled to compensation
5 (Repealed)
6 Act binds Crown
7 Certain Acts not affected
7A Application of Act in respect of coal industry
8 (Repealed)
9 Liability of employers for injuries received by workers—general
9AA Liability for compensation
9AB Recognition of determination of State of connection in another State
9AC Person not to be compensated twice
9A No compensation payable unless employment substantial contributing factor to injury
10 Journey claims
11 Recess claims
11A No compensation for psychological injury caused by reasonable actions of employer
12 Claims by trade union representatives
13 (Repealed)
14 Conduct of worker etc
15 Diseases of gradual process—employer liable, date of injury etc
16 Aggravation etc of diseases—employer liable, date of injury etc
17 Loss of hearing—special provisions
18 Special insurance provisions relating to occupational diseases
19 Diseases deemed work related
20 Principal liable to pay compensation to workers employed by contractors in certain cases
21 (Repealed)
22 Compensation to be apportioned where more than one injury
22A Further provisions concerning apportionment of liability under section 22
22B Determination as to which injury gave rise to compensation liability
22C Certain injuries not to be dealt with under sections 15 and 16
23 Age or residence not relevant to liability
24 Illegal employment
Division 1 Compensation payable on death
25 Death of worker leaving dependants
26 Funeral expenses
27, 27A (Repealed)
28 Expenses of transporting body
29 Apportionment of payments between dependants
30 Review of apportionment among dependants
31 Payment in respect of dependent children
32 Payment where no dependants
Division 2 Weekly compensation by way of income support
33 Weekly compensation during total or partial incapacity for work
34 Definition of first 26 weeks of incapacity
35 Maximum weekly payment
36 Weekly payment during total incapacity—first 26 weeks
37 Weekly payment during total incapacity—after first 26 weeks
38 Partially incapacitated workers not suitably employed—special initial payments while seeking employment
38A Determination of whether worker seeking suitable employment
39 Incapacity treated as total—“odd-lot” rule
40 Weekly payments during partial incapacity—general
40A Assessment of incapacitated worker’s ability to earn
41 Incapacity for period less than 1 week
42 Current weekly wage rate
43 Computation of average weekly earnings
43A Suitable employment
44 Incapacitated worker reaching 21 years of age—special provision
45 Reduction of weekly payments to qualify for other benefits
46 Reduction of weekly payments to prevent dual benefits
47 Incapacity deemed to exist in certain cases
48 Compensation payable despite existing incapacity
49 Weekly compensation payable despite holiday pay etc
50 Weekly compensation and sick leave
51 (Repealed)
52 Termination of weekly payments on retiring age
52A Discontinuation of weekly payments for partial incapacity after 2 years
52B (Repealed)
53 Weekly payments—residence outside the Commonwealth
54 Notice required before termination or reduction of payment of weekly compensation
55 Review of weekly payments
55A Award of compensation may be for fixed period
56 Award of compensation may be subject to supply of medical certificates etc
57 Worker to notify return to work etc with other employer
58 Refund of weekly payments paid after return to work etc
Division 3 Compensation for medical, hospital and rehabilitation expenses etc
59 Definitions
60 Compensation for cost of medical or hospital treatment and rehabilitation etc
60AA Compensation for domestic assistance
60A Worker not liable for medical, hospital and rehabilitation charges above applicable rates
61 Rates applicable for medical or related treatment
62 Rates applicable for hospital treatment
63 Rates applicable for ambulance service
63A Rates applicable for workplace rehabilitation services
64 Rates applicable for car travel associated with treatment
64A Compensation for cost of interpreter services
Division 4 Compensation for non-economic loss
65 Determination of degree of permanent impairment
65A Special provisions for psychological and psychiatric injury
66 Entitlement to compensation for permanent impairment
66A Agreements for compensation
66B No proceedings to enter up award on agreement for compensation
67 Compensation for pain and suffering
67A Special provisions for HIV/AIDS
68, 68A (Repealed)
68B Deductions for previous injuries and pre-existing conditions—operation of sections 15, 16, 17 and 22
69 (Repealed)
69A No compensation for less than 6% hearing loss
69B Employer’s responsibility to pay for hearing loss tests
70–72A (Repealed)
73 Reimbursement for costs of medical certificate and examination
Division 5 Compensation for property damage
74 Damage to artificial limbs etc
75 Damage to clothing
76 Maximum rate for damage to artificial limbs, spectacles
77 Maximum rate for damage to clothing
78 Miscellaneous provisions
Division 6 Indexation of certain amounts
79 Definitions
80 Adjustment of amounts of benefits according to award rate of pay index
81 Rounding off
82 Publication of adjusted amounts
Division 7 Payment of benefits
83 Manner of payment of compensation
84 Times for payment of weekly compensation
85 Payments to NSW Trustee for benefit of beneficiary
85A Payment of benefits to beneficiaries
86 NSW Trustee’s powers of investment
87 Unclaimed money
Division 8 Reduction of benefits where additional or alternative compensation payable
87A Additional or alternative compensation to which Division applies
87B Reduction of compensation under this Act
87C Employer etc to notify claim or payment of additional or alternative compensation
Division 9 Commutation of compensation
87D Definition
87E Compensation that may be commuted
87EA Preconditions to commutation
87F Commutation by agreement
87G Commutation when worker legally incapacitated
87H Registration of commutation agreements
87I Payment
87J Other commutation agreements invalid
87K Commutation payment taken to be payment of compensation
Editorial note
87D–137 (Repealed)
Division 6 Uninsured liabilities
138 Definitions
139 (Repealed)
140 Persons eligible to make claims
141 Making of claims
141A (Repealed)
142 Publication of claims etc
142A Nominal Insurer becomes insurer for claims
142B Proceedings before Commission on claim for compensation
143–144A (Repealed)
145 Employer or insurer to reimburse Insurance Fund
145A Recovery from directors of corporations liable to reimburse Insurance Fund
146 Commutation of weekly payments
147 Miscellaneous provisions
148 Application of other provisions of Act
148A Nominal Insurer’s right of subrogation
148B–148L (Repealed)
149 Definitions
150 Reference to worker’s employer includes fellow workers etc
150A The applicable substantive law for work injury claims
150B Claims to which Division applies
150C What constitutes injury and employment and who is employer
150D Claim in respect of death included
150E Meaning of “substantive law”
150F Availability of action in another State not relevant
Division 2 Common law and other remedies generally
151 Common law and other liability preserved
151A Effect of recovery of damages on compensation
151B (Repealed)
151C 6-months delay before commencement of court proceedings against employer for damages
151D Time limit for commencement of court proceedings against employer for damages
151DA Time not to run for commencement of proceedings in certain cases
Division 3 Modified common law damages
151E Application—modified common law damages
151F General regulation of court awards
151G Only damages for past and future loss of earnings may be awarded
151H No damages unless permanent impairment of at least 15%
151I Calculation of past and future loss of earnings
151IA Retirement age
151J Damages for future economic loss—discount rate
151K, 151KA (Repealed)
151L Mitigation of damages
151M Payment of interest
151N Contributory negligence—generally
151O Defence of voluntary assumption of risk
151P Damages for psychological or psychiatric injury
151Q Structured settlements
151R Exemplary or punitive damages
151S Court to apportion damages etc
151T Costs
Division 4 Retrospective restoration of modified common law
151U Modified common law to apply from 30 June 1987
151V Election provisions not to apply
151W Time limit for commencement of court proceedings extended
151X Insurance policies to cover retrospective claims
151Y Funding of self-insurers, government employers etc for retrospective claims
Division 5 Miscellaneous provisions
151Z Recovery against both employer and stranger
151AA Abolition of doctrine of common employment
151AAA Special provision for common law liabilities under pre-1995 policies
151AB Special insurance provisions relating to occupational diseases
151AC Further special insurance provisions relating to dust diseases
152–154 (Repealed)
Division 1A Provisions relating to Nominal Insurer, Insurance Fund and scheme agents
154A Establishment of Nominal Insurer
154B Functions of Nominal Insurer
154C Authority to act for Nominal Insurer
154D Establishment and operation of Insurance Fund
154E Assets of Insurance Fund
154F Auditing of Insurance Fund
154G Agents of Nominal Insurer
154H Authority’s functions not limited by agency arrangement
154I Authority’s functions extended to scheme agents
154J Refusal of insurance by scheme agents
154K Ownership of records
154L Remuneration of scheme agents
154M Certain provisions extended to scheme agents
154N Regulations
155 Compulsory insurance for employers
155AA Exempt employers not required to obtain policy of insurance
155A Policies to be for 12 month periods
156 Recovery of double premiums for contravention of insurance requirements
156A Misleading conduct by insurers and insurance intermediaries
156B Recovery from directors of corporation—insurance requirements
157 Insurers not to refuse insurance
158 (Repealed)
159 Provisions of policies of insurance
160 Recovery of excess from employer
161 Inspection of policies
162 Death of employer
163 Register to be kept by insurers
163A Certificate of currency
163B Issue of stop work order to uninsured employer
164 Employer—offences relating to policies of insurance
165–167 (Repealed)
168 Insurance premiums orders
168A Optional alternative method of calculating premium for large employers
169 Premiums to be calculated in accordance with insurance premiums order
170 Action by employer where premium not in accordance with insurance premiums order
171 Payment of premiums by instalments
172 Recovery of unpaid premiums
172A Security deposit or guarantee for payment of premium—optional alternative premium calculation method
173 Furnishing information for calculation of premiums
173A Giving false information for premium calculation
173B Redetermination of premium and payment of interest
174 Records relating to wages, contracts etc to be kept and supplied
174AA Inclusion of trust distributions as wages
174A Recovery of inspection costs of Authority or insurer
175 Employers evading payment of correct premiums
175A Recovery from directors of corporation evading payment of correct premium
175B Liability of principal contractor for unpaid premiums payable by subcontractor
175C Authority may make private rulings regarding workers at the request of employers
Division 2A Grouping of employers for insurance purposes
175D Grouping of employers
175E Exclusion of employers from groups
175F Grounds for excluding employers from group
175G Members of group to have policies with same scheme agent and common renewal date
175H Joint and several liability of group members
175I Registration
175J Inspection of records of employers
Division 2B Constitution of employer groups
175K Definitions
175L Membership of groups
175M Primary groups of corporations
175N Primary groups arising from the use of common employees
175O Primary groups of commonly controlled businesses
175P Primary groups arising from tracing of interests in corporations
175Q Grouping of government departments
175R Smaller primary groups subsumed by larger groups
175S Grouping provisions to operate independently
Division 3 Licensing of insurers
176 Licences to be re-granted only to existing licence holders
177 Applications for licences
177A Special provisions for specialised insurers
178 Determination of application for licence
179 Offence—unlicensed insurers
180 Duration of licences
181 Conditions of licences
182 Matters that may be regulated by conditions of licences
183 Cancellation or suspension of licences
183A Imposition of civil penalty on or censure of licensed insurer or self-insurer
184 Cancellation of policies following cancellation or suspension of insurer’s licence
185 Assignment of policies of former insurers etc
186 Records and evidence relating to licences
187 Liabilities on Commonwealth insurers—special condition
188 Re-insurance—special condition
189 Information and records as to business etc to be supplied to Authority by insurers
190 Notification to Authority of certain defaults in relation to insurers
191 Power of Supreme Court to deal with insurers or former insurers unable to meet liabilities etc
192 Exclusion of insurance brokers, agents or intermediaries
192A Claims administration manual
Division 4 Regulation of insurers and miscellaneous provisions
193 Definitions
194 Directions to insurers with respect to claims procedures
195–200 (Repealed)
201 Accounts and returns
202 Audit of accounting records of insurers
202A Performance audits by Authority
203–207 (Repealed)
208 Contributions by specialised insurers to Insurance Fund
208AA Contributions by exiting employers
208A, 208B (Repealed)
209 Offences for contravention of this Division
210 Applications for licences
211 Determination of application for licence
211A Endorsement of subsidiaries on self-insurer’s licence
211B Government employers covered by Government managed fund scheme to be self-insurers
212 Provisions relating to licences
213 Deposit required for self-insurers and former self-insurers
214 Investments of deposits
215 Alternative method of giving security
215A Guarantee as alternative to deposit
215B Bond as alternative to deposit
216 Application and refund of deposit
217–224(Repealed)
Division 6A Defaulting insurers etc
224A Definitions
224B Declaration of defaulting insurers
224C Insurance Fund may be applied to meet claims etc of defaulting insurers
224D–224F (Repealed)
Division 7 Insurers’ Guarantee Fund
225 Definitions
226 Insolvent insurers
227 Insurers’ Guarantee Fund
228 Contributions to Guarantee Fund
229 Liquidator to notify Authority of claims
230 Delivery of documents etc to Authority
231 Appointment of Authority as agent and attorney of employer and worker
232 Payments to employer or liquidator
233 (Repealed)
234 Application of Guarantee Fund
235 Recovery of amounts under contracts or arrangements for reinsurance
236 Payments of workers compensation when insolvent insurer dissolved
237 Inspection of documents etc by person authorised by Minister
238 Authority may take certain legal proceedings
239 Regulations
Division 8 Terrorism Re-insurance Fund
239AA Definitions
239AB Meaning of “act of terrorism”
239AC Meaning and application of “threshold amount”
239AD Minister may make declaration as to significant terrorism-related liabilities
239AE Terrorism Re-insurance Fund
239AF Insurers to provide Authority with information
239AG Contributions to Terrorism Re-insurance Fund
239AH Partial reimbursement of insurers from Terrorism Re-insurance Fund
239AI Authority may offset
239AJ Subrogation
239AK Regulations
239AL Review
239A–239F(Repealed)
Part 8 Protection of injured workers from dismissal
240 Definitions
241 Application to employer for reinstatement of dismissed injured worker
242 Application to Industrial Relations Commission for reinstatement order if employer does not reinstate
243 Order by Industrial Relations Commission for reinstatement
244 Presumption as to reason for dismissal
245 Disputes as to fitness—medical assessment
246 Continuity of service of reinstated worker
247 Duty to inform replacement worker
248 Dismissal within 6 months of injury an offence
249 Other rights not affected
250 Enforcement
251–268(Repealed)
269–279 (Repealed)
280 Regulations and orders
281 Repeals
282 Savings, transitional and other provisions
Schedule 2 Employer groups—tracing of interests in corporations