1 Name of Regulation
2 Commencement
3 Definitions
4 Forms
5 Diseases deemed work related
6 Brucellosis, Q fever and leptospirosis—medical tests and results to determine whether work related
7 Sec 27 (b): maximum amount for funeral expenses
Part 4 Current weekly wage rate
8 Definitions
9 Sec 42 (1) (c), (5) (b): prescribed classes of workers by order
10 Sec 42 (1) (c), (5) (b): prescribed classes of workers etc—shearers
11 Sec 42 (1) (c), (5) (b): prescribed classes of workers etc—certain meat industry workers
12 Sec 42 (1) (d): prescribed rate
Part 5 Indexation of amounts of benefits
13 Sec 79: definition of “latest index number”
14 Notice of requirement to obtain suitable employment from other person
14A Computation of average weekly earnings
15 Notice of intention to discontinue or reduce weekly payments
Part 6A Return-to-work programs
15A Time within which program to be established
15B Offence—failure to establish program
15C Standard return-to-work programs for category 2 employers
15D Program to comply with guidelines etc
15E Guidelines for programs—directions
15F Nomination in programs of accredited providers of rehabilitation services
15G Offence—failure to display or notify program
15H Notification etc of program by category 2 employer
15I Category 1 employers must have return-to-work co-ordinator
15J Functions of return-to-work co-ordinators
15K Shared return-to-work programs
15L Exemptions
Part 7 Occupational rehabilitation services
16 Definition
17 Occupational rehabilitation service—additional services
18 Occupational rehabilitation services—maximum amount for which employer liable
19 Directions to employers under sec 63A (4)—insurers authorised
20 Applications under sec 63A—generally
21 Applications under sec 63A (4)—services provided by more than one provider etc
22 Directions by insurers—special provisions
23 Conditions etc—directions under sec 63A (4)
24 Review by Authority
25 Revocation by Authority of direction under sec 63A (4)
26 Submissions to Authority
27 Payment under direction by Authority not admission of liability
28 Claims relating to uninsured liabilities
29 Application of Part to self-insurers
30 Application of Part to proceedings pending in District Court or Commission
31 Authority not prevented from giving opinion on rehabilitation liability
Part 7A Accreditation of rehabilitation providers
31A Application for certificate of accreditation
31B Determination of application
31C Form of certificate of accreditation
31D Conditions of certificate
31E Amendment of certificate
31F Notice of refusal
31G Duration of certificates
31H Surrender of certificates
31I Duplicate certificates
31J Register of certificates
31K False or misleading statements
31L Cancellation or suspension of certificate
31M False claim of accreditation
Part 8 Notices and claims procedure
32 Notification of workplace injury
32A Employer must give early notification of significant workplace injury
33 Notice of injury involving loss of hearing
34 Notice of dispute about liability
35 Form of notice to be posted up at workplace
36 Form of register of injuries to be kept at mine etc
37 Access to certain medical reports and other reports obtained by insurer: sections 73 and 126 of 1998 Act
38 Interim payment direction not presumed to be warranted: sec 297 of 1998 Act
Part 9 Medical examinations and disputes
39, 40 (Repealed)
41 Application to refer matter to medical referee or panel etc
Part 10 Restrictions on obtaining medical reports
42 Definitions
43 Restrictions on number of medical reports that can be admitted
43AA Supplementary reports admissible
43A Restriction on disclosure of forensic medical reports to approved medical specialists
44 (Repealed)
45 Restrictions on recovery of cost of medical reports
46 Medical treatment not affected
47 Reports of medical panels and referees not affected
48 Transitional
48A Further transitional provision
49 Provisions of policies of insurance
50 (Repealed)
51 Excess recoverable from employer: section 160
52 Information to be provided for certificate of currency
52A Certificate of currency—period of insurance
53 Liability for subcontractor premiums—exemption for farming operations
53A Employers excluded from grouping provisions: section 175D (3)
Part 11A Modification of provisions applying to self-insurers
53AA Interpretation
53AB References to “insurer”
53AC Modification of exceptions for self-insurers
53AD Preparation of injury management plan
53AE Self-insurer’s licence
Part 12 Insurers’ Contribution Fund
54 Definition of “financial year”
55 Definition of “premium income”
56 Prescribed contribution payable by insurer
57 Time for payment of insurer’s contribution
Part 13 WorkCover Authority Fund
58 Definitions
59 Definition of “premium income” for purposes of insurers’ contributions
60 Definition of “deemed premium income” for purposes of self-insurers’ contributions
61 Alternative contribution by self-insurers
62 Ministers of religion
Part 15 Premiums Adjustment Fund
63 Definitions of “financial year” and “Fund”
64 Definition of “premium income”
65 Amount of contribution payable by insurer into Fund
66 Time for payment of contribution by insurer into Fund
Part 16 Insurers’ Guarantee Fund
67 Definitions
68 Financial years for contributions to Insurers’ Guarantee Fund
69 Time etc for payment of insurer’s contribution
70 Further contributions payable by insurers
71 Rebates for insurers who contributed to an advance from the Premiums Adjustment Fund
72 Determination of contributions and further contributions
Part 17 Penalty notice offences
73 Penalty notice offences
Part 18 Marketing of work injury legal services and agent services
Note
74 Definitions
Division 2 Advertising by lawyers and agents
75 Restriction on advertising work injury services
75A Exception for advertisements about discrimination—community legal centres
76 Exception for advertising specialty
77 Other exceptions
78 Responsibility for employees and others
78A Responsibility for advertisements published by others
79 Double jeopardy
80 Transitional—finalised publications
Division 3 Advertising by persons other than lawyers and agents
80A Application of Division
80B Definition of “work injury advertisement”
80C Restrictions on work injury advertisements
80D Exception for advertisements about discrimination—community legal centres
80E Exception for advertising specialty
80F Other exceptions
80G Protection of publishers
80H Double jeopardy
80I Transitional—finalised publications
81 Definitions
81A Sec 332 of 1998 Act: definition of “costs”
82 Costs not regulated by this Part
Division 2 Costs recoverable in compensation matters
83 Application of Division
Subdivision 2 Maximum costs recoverable by legal practitioners and agents in compensation matters
84 Maximum costs recoverable
84A Maximum costs involving medical or related treatment or certain fees for health service providers
85 Special provisions for costs where claim transferred to Commission
85A Costs not recoverable in certain circumstances (workers compensation matters)
Division 3 Costs recoverable in work injury damages matters
Subdivision 1 Maximum costs recoverable by legal practitioners in work injury damages matters
86 Application of Division
87 Fixing of maximum costs recoverable by legal practitioners
88 Contracting out—practitioner/client costs
Subdivision 2 Restriction on awarding of costs
Note
89 Costs where claimant no less successful than claimant’s final offer
90 Costs where claimant less successful than insurer’s final offer or insurer found not liable
91 Costs in other cases
92 Deemed offer where insurer denies liability and no mediation
93 Subdivision does not apply to ancillary proceedings
94 Multiple parties
Division 4 Assessment of costs
95 Definitions
96 Application by client for assessment of practitioner/client or agent/client costs
97 Application by instructing practitioner or agent for assessment of practitioner/client or agent/client costs
98 Application by billing practitioner or agent for assessment of practitioner/client or agent/client costs
98A Application for assessment of party/party costs—compensation matters
99 Application for assessment of party/party costs—work injury damages matters
100 How is an application to be made?
101 Persons to be notified of application
102 Registrar may require documents or further particulars
103 Consideration of applications
104 Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court
Subdivision 2 Assessment of bills of costs between practitioner or agent and client
105 Assessment of bills generally
106 Additional matters to be considered in assessing bills of costs
107 Costs agreements not subject to assessment
108 Unjust costs agreements
109 Interest on amount outstanding
Subdivision 3 Assessment of party/party costs
110 Assessment of costs—costs ordered by court or Commission or subject of agreement
111 Additional matters to be considered by Registrar in assessing costs ordered by court or Commission
112 Effect of costs agreements in assessments of party/party costs
113 Court or Commission may specify amount etc
Subdivision 4 Enforcement of assessment
114 Certificate as to determination
115 Reasons for determination
116 Recovery of costs of costs assessment
117 Correction of error in determination
118 Determination to be final
119 Appeal against decision of Registrar as to matter of law
120 Effect of appeal on application
121 Liability of legal practitioner or agent for costs in certain cases
122 Referral of misconduct to Legal Services Commissioner
Division 5 Goods and services tax
123 GST may be added to costs
124 Modifications to Legal Profession Act 1987 relating to assessment of costs
125 Transitional provisions
125A Transitional provisions—amendments made by Workers Compensation Amendment (Costs) Regulation 2006
126 Special provision for matters involving coal miners
126A Bill of costs to be in approved form
126B Costs orders in respect of certain matters
127 Definitions
128 Meaning of “injury year”
129 Non wages-based calculation of premium
Division 2 Declaration of wages
130 Employer to supply insurer with return relating to wages
131 (Repealed)
132 Experience premium return
133 Offence by employer
Division 3 Input tax credit entitlements
134 Employer to give insurer notice of input tax credit entitlement
Division 4 Certification of cost of claims
135 Definition
136 Prevention of double allowance for provisional compensation payments
137 Cost of an individual claim
138 Cost of provisional payments of compensation
139 Certificates relating to cost of claims
140 Effect of certificate
141 Employers who were previously self-insurers
142 Notice of premium calculation
Division 6 Procedure before Authority relating to insurance premiums
143 Applications
144 Answer
145 Decision of Authority
146 Procedure generally
Division 7 Policies exempt from insurance premiums orders
147 Further policies exempt from order—unregulated premiums
Division 8 Payment of premiums by instalments
Subdivision 1 Payment in three instalments
148 Policies under which premiums may be paid by three instalments
149 Number, size and times for payment of instalments
Subdivision 2 Payment in four instalments
149A Policies under which premiums may be paid in four instalments
149B Number, size and times for payment of instalments
Subdivision 3 Payment in twelve instalments
149C Policies under which premiums may be paid in twelve instalments
149D Number, size and times for payment of instalments
150 Transitional—operation of amendments
150A Rebate of premium where fraud or mistake involved in claims
Part 21 Premium Discount Scheme
151 Commencement
151A Staged closure of Premium Discount Scheme
152 Interpretation
153 Premium Discount Scheme
154 Employers eligible to participate in PDS (General)
155 Employers entitled to participate in Small Business Strategy
Division 2 Premium Discount Scheme (General)
Subdivision 1 Premium Discount Advisers
156 Approval of Premium Discount Advisers
157 Conditions of approval
158 Functions of a PDA
159 Relationship with employer
160 Principals of a PDA
161 Functions of Principals
162 Review of PDAs by Authority
163 Initial PDA Ratings
164 Subsequent determination of PDA Rating by Authority
165 PDA Rating not transferable
Division 3 Small Business Strategy
166 Approval of sponsors
167 Conditions of approval
168 Authority may invite proposals for small business discount programs
169 Assessment of proposals
170 Funding agreements
171 Relationship with employer
172 Functions of a sponsor
173 Review of sponsors by Authority
174 Definitions
175 First year of participation
176 Change in PDA Rating—first year of participation
177 Second year of participation
178 Change in PDA Rating—second year of participation
179 Third year of participation
180 Change in PDA Rating—third year of participation
181 Verifications
182 Provisional entitlement not confirmed
183 Year of participation may be repeated
184 Time limits on participation in Scheme
Division 5 Reviews and appeals
185 Internal review
186 Appeal to Administrative Decisions Tribunal
Note
187 Failure to comply with Code of Conduct
188 Purporting to be a PDA
189 Failure to notify Authority of changes concerning PDA
190 Premium Discount Guidelines
191 Directions by Authority to PDAs or sponsors
192 Codes of Conduct
193 Calculation of premium discount
194 Powers of Authority if PDA or sponsor ceases to operate
195 Statistics
195A Disclosure of information for complaint about health practitioners (s 243 (2) (d) of the 1998 Act)
196 Additional records to be kept by employers
197 Uninsured Liability and Indemnity Scheme—modification of provisions of the Act
198 Costs of medical assessment: sec 330 of 1998 Act
199 Arrangement of business before Commission: sec 349 of 1998 Act
200 Proceedings to enter up award on agreement for compensation: sec 66B of 1987 Act
200A Mine Safety Fund amounts payable under Insurance Premiums Order (July–December) 2005 and Insurance Premiums Order (January–June) 2006
200B New claims procedures—appeal against decision of Commission constituted by Arbitrator
Part 23 Savings, transitional and other provisions
201 Repeal
202 Saving
203 Exemptions for coal miners—1996 amendments
204 Application of Chapter 4 of 1998 Act
205 Restrictions on commencing court proceedings
206 Time for making claim
207 Contributions to WorkCover Authority Fund
208 Reduction of maximum section 38 benefits period
208A Effect of repeal of section 152
209 Application of amendment to section 52 of the 1987 Act
210 Application of amendments to definition of “wages”
211 Amendment relating to 18 month limit for common law claims—transitional provision
211A Declarations by employers under clause 131
211B Amendment relating to records kept about apprentices
212 Definition
213 Coal miners
214 Medical certificate accompanying weekly compensation claims
215 Discontinuation of weekly payments after 104 weeks—injuries before commencement of section 52A
216 Definitions
Subdivision 2 Cessation of conciliation
217 Cessation of conciliation
218 Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments)
219 Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation)
220 Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses)
221 Modification of sec 74 of 1998 Act (Insurers to give notice and reasons when liability disputed)
222 Modification of sec 121 of 1998 Act (Assessment of medical disputes by approved medical specialists)
Subdivision 3 Medical assessment of new claims in respect of pre-commencement injuries
223 Assessment of impairment dispute
Subdivision 4 Transfer of existing claims
224 Transfer of existing claims
225 Transfer of existing claims by election of worker
226 Transfer of existing claims pending in Compensation Court on abolition of that Court
227 Transitional provision—certificates
228 Modification of sec 281 of 1998 Act
229 Modification of sec 282 of 1998 Act
Subdivision 4A Amendments relating to work injury damages—transitional provisions
229A Application of 2001 amendments relating to work injury damages to discontinued transitional proceedings
230 Uninsured Liability and Indemnity Scheme
231 Appointment of mediators
Division 4 Coal miners—2001 amending Acts
232 Definitions
233, 234 (Repealed)
235 Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments)
236 Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation)
237 Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses)
238 Application of amendments made by Workers Compensation (General) Amendment (Savings, Transitional and Other Matters) Regulation 2001
Division 5 Insurance Reforms—2003 amending Act
Subdivision 1 Insurance reforms
239 Interpretation
240 Authority to act as temporary agent
241 Directors under trustee duty
242 Construction of references
243 Contracts—references to Nominal Insurer
244 Transitional funding arrangements
245 Termination of temporary agency arrangements
246 Application of 2003 amendments to managed fund insurers
247 GIO General Limited authorised to act as temporary agent of Nominal Insurer
Subdivision 2 Uninsured Liability and Indemnity Scheme
247A Interpretation
247B Uninsured Liability and Indemnity Scheme
247C Appeals against decisions of Authority
247D Court proceedings for work injury damages
248 Definition
249 Saving
250 Transitional—prescriptions for purposes of excess recoverable from employer
251 Definition
252 Savings and transitional provisions—workplace injury management
Schedule 3 Medical tests and results—brucellosis, Q fever and leptospirosis
Schedule 5 Penalty notice offences
Schedule 6 Maximum costs—compensation matters
Schedule 7 Maximum costs for legal services—work injury damages matters