- Workplace Injury Management and Workers Compensation Act 1998 No 86
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Administration
- Part 1
- Part 2 General workers compensation functions
- Part 3 Workers Compensation Independent Review Officer
- Parts 4, 5
- Part 6 Financial provisions
- Part 7 Information collection and sharing
- Chapter 3 Workplace injury management
- Part 1 Preliminary
- Part 2 Obligations of insurers, employers and workers
- 42A Injury management pilot projects
- 42B Claims assistance
- 43 Injury management programs
- 44 Early notification of workplace injury
- 45 Injury management plan for worker with significant injury
- 45A Injury management consultants
- 46 Employer’s injury management plan obligations
- 47 Worker’s injury management plan obligations
- 48 Return to work obligations of worker
- 48A Failure to comply with return to work obligations of worker
- 49 Employer must provide suitable work
- 50 Payment of cost of treatment of injured worker
- 51 (Repealed)
- 52 Workplace rehabilitation
- 53 Vocational re-education etc provided by Authority
- 54 Second-injury scheme
- 55 Compliance by insurers
- 55A Compliance by scheme agents
- 56 Compliance by employer
- 57 (Repealed)
- 58 Liability not affected
- 59 Regulations
- Part 3 Employer improvement notices
- Chapter 4 Workers compensation
- Part 1 Compensation—general
- Part 2 Compensation—claims and proceedings
- Division 1 Notice of injury etc and claims for compensation
- 60A Application of Division
- 61 Notice of injury to be given to employer
- 62 Provisions relating to giving of notice of injury
- 63 Register of injuries
- 64 Notice of incapacity, medical etc treatment and damage to property
- 65 Making a claim for compensation
- 66 Manner of making claim for compensation
- 67, 68 (Repealed)
- 69 Action by employer in respect of claims
- Division 2 Administration by insurers of claims for compensation or damages
- Division 3 Notification of decisions of insurers
- Subdivision 1 Preliminary
- Subdivision 2 General notice requirements
- Subdivision 3 Notice period for discontinuation and reduction of weekly compensation
- 80 Required period of notice
- 81 Effect of stay of decision on notice period
- 82 Effect of review decision on notice period
- 83 Effect of affirmation of work capacity decision or withdrawal, discontinuance or dismissal of dispute proceedings
- 84 Recovery of weekly payments by worker where notice not given by insurer
- Subdivision 4 Offences
- Division 4 Special provisions with respect to weekly payments of compensation
- 91A Division applies only to existing claims
- 92 Definitions
- 93 Claims for weekly compensation—commencement of payments
- 94 Offences—commencement of weekly payments
- 95 Direction by conciliator—commencement or continuation of weekly payments
- 96 Maximum period of weekly payments of compensation under direction of conciliator
- 97 Revocation of directions of conciliator
- 98 Offence—failure to comply with directions
- 99 Payment under direction etc not admission of liability
- 100 Direction under section 95 not to be challenged on technicality
- Division 5 Restrictions on commencing court proceedings
- 100A Division applies only to existing claims
- 101 Restrictions on commencing court proceedings about weekly payments
- 102 Restrictions on commencing court proceedings for lump sum compensation
- 103 Restrictions on commencing court proceedings about medical, hospital and other expenses
- 104 Court rules and regulations providing for evidence of compliance
- Division 6 Proceedings before Commission or the Compensation Court
- 105 Jurisdiction of Commission and Compensation Court
- 106 Authority may intervene in proceedings
- 107 Applications to be heard together
- 108 Interim awards
- 109 Interest before order for payment
- 110 Interest after order for payment
- 111 Interest on agreed payment of lump sum compensation
- 111A Costs provisions apply only to existing claim matters
- 112 Costs
- 113 Regulations fixing maximum costs recoverable by legal practitioners or agents
- 114 Maximum fees recoverable by medical practitioners for medico-legal services
- 115 Limit on recovery of costs unreasonably incurred
- 116 Solicitor/client costs in compensation proceedings
- 117 Admissibility of statements by injured workers
- 118 Registration of certain persons involving interpreting etc services
- Division 7 Medical examinations and disputes
- 118A Application of certain provisions of Division only to existing claims
- 119 Medical examination of workers at direction of employer
- 120 Medical examination of worker at direction of Commission
- 121 Assessment of medical disputes by approved medical specialists
- 122 Referral of medical disputes to referee or panel on application of worker or employer
- 123 Reference of medical disputes by Principal Conciliator
- 124 Referral of matters to medical referee or panel for report
- 125 Reimbursement of worker for loss of wages and expenses associated with medical examination
- 126 Copies of certain medical reports to be supplied to worker
- 127 Admissibility of medical reports
- 128 Admissibility and evidentiary value of certificates and reports of medical referees and panels
- 129 Power to correct mistakes in medical reports or certificates
- 130 Rules of Court and regulations with respect to medical evidence
- Division 8 Prohibited conduct relating to touting for claims
- 131 Definitions
- 132 Prohibited conduct by agents
- 133 Offence of engaging in prohibited conduct
- 134 Consequences of prohibited conduct for recovery of fees by agents
- 135 Consequences of prohibited conduct for lawyers
- 136 Lawyers and agents can be requested to certify as to prohibited conduct
- 137 Power to restrict or ban recovery of costs by agents who engage in prohibited conduct
- 138 Power to restrict or ban recovery of costs by solicitors
- 139 Power to restrict or ban agents who engage in prohibited conduct
- 140 Past conduct included in assessing persistent conduct
- 141 Duty of claimants to comply with requests for information about agents and lawyers
- 142 Regulation of advertising
- Chapter 5
- Chapter 6 Miscellaneous
- 230A Premium Discount Schemes
- 231 Notification of summary of Act and insurance details
- 232 Worker’s right to information
- 233 No contribution from workers
- 234 No contracting out
- 235 Non-assignability of compensation
- 235A Fraud on workers compensation scheme
- 235B Remedy available where claim fraudulent
- 235C False claims
- 235D Order for refund of overpayments of compensation
- 236 Service of notices
- 237 Service of documents
- 238 Powers of entry by inspectors
- 238A Search warrant
- 238AA Power to obtain information, documents and evidence
- 238B Protection from incrimination
- 238C Inspector may request assistance
- 239 Authority may obtain documents from certain registries
- 240–242 (Repealed)
- 243 Disclosure requirements
- 243AA Secrecy of information obtained from or relating to insurers or proposed insurers
- 243A (Repealed)
- 244 Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 245 Proceedings for offences
- 245A Evidence—criminal proceedings under WHS legislation
- 246 Penalty notices
- 247 Time for instituting proceedings
- 248 Regulations
- 248A (Repealed)
- 249 Repeal of WorkCover Administration Act 1989 No 120
- Chapter 7 New claims procedures
- Part 1 Preliminary
- Part 2 Giving notice of injury and making a claim
- Division 1 Notice of injury
- Division 2 Making a claim for compensation or damages
- 259 Application of Division
- 260 How a claim is made
- 261 Time within which claim for compensation must be made
- 262 Time within which claim for work injury damages must be made
- 263 Lump sum compensation claims to be made at same time
- 264 Action by employer in respect of claims, injuries and compensation
- Part 3 Dealing with claims
- Division 1 Special provisions for commencement of weekly payments after initial notification of injury
- 265 Application of Division
- 266 Meaning of initial notification of injury
- 267 Duty to commence weekly payments following initial notification of injury
- 268 Insurer must notify worker of reasonable excuse for not commencing weekly payments
- 269 Notice to be given of commencement of weekly payments
- 270 Obligations of worker to provide authorisations and medical evidence
- 271 Liability to make weekly payments not affected by making of claim
- 272 Recovery by insurer
- 273 Provision for recovery of excess for provisional payments
- Division 2 Claims for weekly payments
- 274 Liability to be accepted and weekly payments commenced within 21 days
- 275 Duty to commence provisional weekly payments if claim is first notification of injury
- 276 Continuation of provisional payments started before claim made
- 277 Provision for recovery of excess for provisional payments
- 278 Early acceptance of liability not prevented
- Division 3 Claims for medical expenses
- Division 4 Claims for lump sum compensation and work injury damages
- Division 5 Enforcement of claims obligations
- Part 4 Compensation dispute determination
- Division 1 Preliminary
- Division 2 Reviews by insurer
- Division 3 Determination of disputes by Commission
- 288 Referral of disputes to Commission
- 289 Restrictions as to when dispute can be referred to Commission
- 289A Further restrictions as to when a dispute can be referred to Commission
- 289B Stay of disputed work capacity decision
- 290 Information exchange between parties
- 291 (Repealed)
- 292 Expedited assessment
- 293 Medical assessment
- 294 Certificate of Commission’s determination
- 294A Rules and regulations concerning medical evidence
- Part 5 Expedited assessment
- Division 1 Preliminary
- Division 2 Disputes concerning weekly payments or medical expenses
- 297 Directions for interim payment of weekly payments or medical expenses compensation
- 298 Period for which interim payment of weekly payments can be directed
- 299 Revocation of interim payment direction
- 300 Offence of failure to comply with interim payment direction
- 301 Effect of payment under interim payment direction
- 302 Rules relating to interim payment directions
- 303 Commission can give interim payment direction
- 304 Recovery of payments
- Division 2A Disputes concerning past weekly payments
- Division 3 Disputes about non-compliance with Chapter 3
- Part 6 Court proceedings for work injury damages
- Division 1 Preliminary
- Division 2 Threshold for award of damages
- Division 3 Pre-filing statements
- Division 4 Mediation
- 318A Mediation of claim before commencement of court proceedings
- 318B Mediator to bring parties to agreement
- 318C Legal and other assistance at mediation
- 318D Powers of mediators
- 318E Offers made at mediation not to be disclosed to court
- 318F Appointment of mediators
- 318G Protection of mediators
- 318H Mediation fees
- Division 5 General
- Part 7 Medical assessment
- 319 Definitions
- 320 Appointment of approved medical specialists
- 321 Referral of medical dispute for assessment
- 321A Referral of medical dispute concerning permanent impairment
- 322 Assessment of impairment
- 322A One assessment only of degree of permanent impairment
- 323 Deduction for previous injury or pre-existing condition or abnormality
- 324 Powers of approved medical specialist on assessment
- 325 Medical assessment certificate
- 326 Status of medical assessments
- 327 Appeal against medical assessment
- 328 Procedure on appeal
- 329 Referral of matter for further medical assessment or reconsideration
- 330 Costs of medical assessment
- 331 Guidelines
- Part 8 Costs
- Part 9 Proceedings before Commission
- 349 Arrangement of business
- 350 Decisions of Commission
- 351 Reference of question of law on compensation claim to Commission constituted by Presidential member
- 352 Appeal against decision of Commission constituted by Arbitrator
- 353 Appeal against decision of Commission constituted by Presidential member
- 354 Procedure before Commission
- 355 Arbitrator to attempt conciliation
- 356 Representation before Commission
- 357 Power of Commission to require information
- 358 Power of Commission to provide documents and information to a party
- 359 Summons to appear at conference or hearing
- 360 Powers of Commission to require evidence
- 361 Protection of legal practitioners, witnesses and others
- 362 Recovery of amounts ordered to be paid
- 363 (Repealed)
- 364 Rules of the Commission
- 365 Publication of decisions and inspection of registers of agreements
- Part 10 Administration
- Division 1 Workers Compensation Commission
- 366 Establishment of Commission
- 367 Objectives of Commission
- 368 Members of Commission
- 369 Qualifications for appointment
- 370 Functions of members
- 371 Functions of Registrar
- 372 Control and direction of members of Commission
- 373 Provisions concerning members
- 374 Staff and facilities of Commission
- 375 Constitution of Commission for particular proceedings
- Division 2 Workers Compensation guidelines
- Part 11 Reconsideration of decisions
- Schedule 1 Deemed employment of workers
- Schedule 2–4 (Repealed)
- Schedule 5 Provisions relating to members of Commission
- Schedule 5A Injury management pilot projects
- Schedule 6 (Repealed)
- Historical notes
Workplace Injury Management and Workers Compensation Act 1998 No 86
Current
version
for 22 November 2019
to date
(accessed 1 March 2020 at 23:59)
Status information
Currency of version
Current version for 22 November 2019 to date (accessed 1 March 2020 at 23:59)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70, Sch 4.123 [1] (not commenced)
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70, Sch 4.123 [1] (not commenced)
Editorial note
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
Responsible Minister
The Attorney General, and Minister for the Prevention of Domestic Violence jointly with the Minister for Customer Service, Part 3 of Chapter 2; the Attorney General, and Minister for the Prevention of Domestic Violence, sections 368, 369 and 373 and Schedule 5; remainder, the Minister for Customer Service
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.