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Contents (1987 - 70)
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Workers Compensation Act 1987 No 70
Current version for 25 March 2020 to date (accessed 6 April 2020 at 16:45)
Part 3 Division 3 Section 61
61   Rates applicable for medical or related treatment
(cf former s 10 (4), (5A))
(1)  The amount for which an employer is liable in respect of the medical or related treatment of a worker is such amount as is reasonably appropriate to the treatment given, having regard to the reasonable necessity for the treatment.
(2)  The maximum amount for which an employer is liable for any particular medical or related treatment shall not exceed such sum (if any) as may be fixed by the Authority in respect of that treatment by order published in the Gazette.
(2A)  An order under subsection (2) may provide for the maximum amount fixed in respect of any particular medical or related treatment to vary by reference to different factors of a specified kind (for example, a higher maximum amount could be fixed for a treatment when provided by a provider accredited by the Authority).
(3)  The maximum amount for which an employer is liable for medical or related treatment given to a worker in respect of the same injury (whether the treatment is given at different stages of the injury or not) is—
(a)  $50,000, or
(b)  where some greater amount has been fixed by the Authority by order published in the Gazette—that greater amount.
(4)  Subject to the regulations, a direction may be given that the employer of a worker is liable for an amount additional to that fixed by subsection (3).
(4A)  If proceedings relating to the worker’s claim for compensation are before the Commission and those proceedings relate to, or include matters relating to, the provision of medical or related treatment for the worker, such a direction may be given by the Commission. If no such proceedings are before the Commission, such a direction may be given by the Authority on application made in respect of the worker from time to time.
(5)  The amount for which an employer is liable for the care of a worker as referred to in paragraph (f) of the definition of medical or related treatment in section 59 is (subject to any maximum amount under this section) the reasonable cost of providing that care having regard to the extent to which care might be expected to be provided by the worker’s spouse or other person residing with the worker.
(6)  The amount for which an employer is liable for the modification of a worker’s home or vehicle as referred to in paragraph (g) of the definition of medical or related treatment in section 59 is the reasonable cost of carrying out those modifications.
(7)  Except as otherwise provided by the regulations, the maximum amount under subsection (3) does not apply to any liability of an employer referred to in subsection (6).
(8)  Any amount for which an employer is liable under this Division in respect of medical or related treatment may be recovered from the employer by the person who gave the treatment.
(9)  If the maximum amount referred to in subsection (3) is, on or after the commencement of this subsection, amended either by an Act or an order of the Authority, the amount for which an employer is liable in respect of the medical or related treatment of a worker under this section is to be calculated by reference to the maximum amount applicable to the worker at the time when the worker became injured.
Editorial note.
 For Orders under this section and section 62, see the Historical notes at the end of this Act.