- Workers Compensation Act 1987 No 70
- Status information
- Long title
- Part 1 Preliminary
- 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- 5 (Repealed)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- 8 (Repealed)
- Part 2 Compensation—liability
- 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
- 9B No compensation for heart attack or stroke unless nature of employment results in significantly greater risk
- 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- 13 (Repealed)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 Presumptions relating to certain employment
- 19A Presumptions relating to certain cancers—firefighters
- 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- 21 (Repealed)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
- Part 3 Compensation—benefits
- Division 1 Compensation payable on death
- Division 2 Weekly compensation by way of income support
- Subdivision 1 Interpretation
- Subdivision 2 Entitlement to weekly compensation
- 33 Weekly compensation during total or partial incapacity for work
- 34 Maximum weekly compensation amount
- 35 (Repealed)
- 36 Weekly payments during first entitlement period (first 13 weeks)
- 37 Weekly payments during second entitlement period (weeks 14–130)
- 38 Weekly payments after second entitlement period (after week 130)
- 38A Special provision for workers with highest needs
- 39 Cessation of weekly payments after 5 years
- 40 Entitlement after second entitlement period not affected by certain circumstances
- 40A (Repealed)
- 41 Compensation for incapacity after second entitlement period resulting from surgery
- 42 Application by worker to alter amount of weekly payments
- Subdivision 3 Work capacity
- Subdivision 3A
- Subdivision 4 Miscellaneous
- 44C–44I (Repealed)
- 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, 52B (Repealed)
- 53 Weekly payments—residence outside the Commonwealth
- 54–56 (Repealed)
- 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
- 59A Limit on payment of compensation
- 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 3A Compensation for return to work assistance
- 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 (Repealed)
- 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
- 69–72A (Repealed)
- 73 Reimbursement for costs of medical certificate and examination
- Division 5 Compensation for property damage
- Division 6 Indexation of certain amounts
- Division 6A Indexation of weekly payments
- Division 6B Indexation of compensation for permanent impairment
- Division 7 Payment of benefits
- Division 8 Reduction of benefits where additional or alternative compensation payable
- Division 9 Commutation of compensation
- 87D Definition
- 87E Compensation that may be commuted
- 87EAA Medical expenses compensation not to be commuted for catastrophic injuries
- 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
- Part 4 Uninsured liabilities
- Editorial note
- Divisions 1A–5
- 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
- Division 7
- Part 5 Common law remedies
- Division 1 Preliminary
- Division 1A Choice of law
- 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 (Repealed)
- 151Q Structured settlements
- 151R Exemplary or punitive damages
- 151S Court to apportion damages etc
- 151T Costs
- Division 4 Retrospective restoration of modified common law
- 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
- 151AD No damages for nervous shock injury to non-workers
- Part 6
- Part 7 Insurance
- Division 1A Provisions relating to Nominal Insurer, Insurance Fund and scheme agents
- Subdivision 1 Nominal Insurer
- Subdivision 2 Insurance Fund
- Subdivision 3 Scheme agents
- 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
- Division 1 Insurance policies
- 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
- Division 2 Insurance premiums
- 165–167 (Repealed)
- 168 Workers Compensation Market Practice and Premiums Guidelines
- 168A (Repealed)
- 169 Rejection of premiums
- 170 (Repealed)
- 171 Payment of premiums by instalments
- 172 Recovery of unpaid premiums
- 172A Security deposit or guarantee for payment of premium
- 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 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 (Repealed)
- 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 (Repealed)
- 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
- 202B Business plans of licensed insurers
- 202C Prudential standards
- 203–207 (Repealed)
- 208 Contributions by licensed insurers to Insurance Fund
- 208AA Contributions by exiting employers
- 208A, 208B (Repealed)
- 209 Offences for contravention of this Division
- Division 5 Self-insurers
- 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
- 216A Assignment of policies of former self-insurers
- Division 6 Transfer of claims
- Division 6A Defaulting insurers etc
- 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
- Part 7A
- 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
- Part 9
- Part 10 Miscellaneous
- 269–277 (Repealed)
- 278 Compensation not personal property under Personal Property Securities Act 2009 (Cth)
- 279 Enforcement of interests in certain assets and deposits in priority over Authority or Nominal Defendant prevented
- 279A Workers compensation liability with respect to staff of statutory bodies
- 280 Regulations and orders
- 281 Repeals
- 282 Savings, transitional and other provisions
- Schedule 1 Adjacent areas
- Schedule 2 Employer groups—tracing of interests in corporations
- Schedule 3 Earnings for purposes of weekly payments of compensation under Division 2 of Part 3
- Schedule 4 Firefighters’ diseases
- Schedule 5 Repeals
- Schedule 6 Savings, transitional and other provisions
- Historical notes
Workers Compensation Act 1987 No 70
Current
version
for 5 December 2019
to date
(accessed 1 March 2020 at 23:07)
Part 2
Section 9AC
9AC Person not to be compensated twice
(1) Compensation under this Act is not payable in respect of any matter to the extent that compensation has been received under the laws of a place other than this State.(2) If a person receives compensation under this Act and, for the same matter, subsequently receives compensation under the laws of a place other than this State, the person from whom compensation under this Act is received may, in a court of competent jurisdiction, sue and recover from the person the amount described in subsection (3).(3) The amount that is recoverable under subsection (2) is—(a) the amount of compensation paid under this Act, orwhichever is less.(b) the amount of compensation received under the laws of a place other than this State,