- 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- 5 (Repealed)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- 8 (Repealed)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- 13 (Repealed)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- 21 (Repealed)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 Factors to determine rate of weekly payments
- 36 Weekly payments in first entitlement period (first 13 weeks)
- 37 Weekly payments in second entitlement period (weeks 14–130)
- 38 Special requirements for continuation of 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 Interpretation
- 44C Definition—pre-injury average weekly earnings
- 44D Definitions applying to pre-injury average weekly earnings—relevant period
- 44E Definitions applying to pre-injury average weekly earnings—ordinary earnings
- 44F Definition of “non-pecuniary benefits”
- 44G Definition applying to pre-injury average weekly earnings and current weekly earnings—base rate of pay
- 44H Definition applying to pre-injury average weekly earnings and current weekly earnings—ordinary hours of work
- 44I Definition—current weekly earnings
- 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 Pre-injury average weekly earnings
- 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 1 July 2019 to date (accessed 22 August 2019 at 01:55)
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