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Contents (2011 - 37)
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Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 22 September 2017 at 01:58)
Part 16
Part 16 Marketing of work injury agent services
Division 1 Preliminary
Note.
 Expressions used in this Part have the same meaning as in Division 8 of Part 2 of Chapter 4 of the 1998 Act. An agent is a person who acts, or holds himself or herself out as willing to act, as agent for a person for fee or reward in connection with a claim, but does not include a legal practitioner.
Each of the following activities is considered to constitute acting as agent for a person in relation to a claim:
(a)  advising the person with respect to the making of a claim,
(b)  assisting the person to complete or prepare, or completing or preparing on behalf of the person, any form, correspondence or other document concerning a claim,
(c)  making arrangements for any test or medical examination to determine the person’s entitlement to compensation,
(d)  arranging referral of the person to a lawyer for the performance of legal work in connection with a claim.
A reference to a claim includes a reference to a prospective claim (whether or not the claim is ever actually made).
78   Definitions
In this Part:
advertisement means any communication of information (whether by means of writing, or any still or moving visual image or message or audible message, or any combination of them) that advertises or otherwise promotes a product or service, whether or not that is its purpose or only purpose and whether or not that is its only effect.
publish means:
(a)  publish in a newspaper, magazine, journal, periodical, directory or other printed publication, or
(b)  disseminate by means of the exhibition or broadcast of a photograph, slide, film, video recording, audio recording or other recording of images or sound, either as a public exhibition or broadcast or as an exhibition or broadcast to persons attending a place for the purpose of receiving professional advice, treatment or assistance, or
(c)  broadcast by radio or television, or
(d)  display on an Internet website or otherwise publicly disseminate by means of the Internet, or
(e)  publicly exhibit in, on, over or under any building, vehicle or place or in the air in view of persons in or on any street or public place, or
(f)  display on any document (including a business card or letterhead) gratuitously sent or gratuitously delivered to any person or thrown or left on any premises or on any vehicle, or
(g)  display on any document provided to a person as a receipt or record in respect of a transaction or bet.
work injury has the same meaning as in the 1998 Act.
Division 2 Advertising by agents
79   Restrictions on advertising work injury services
An agent must not publish or cause or permit to be published an advertisement that promotes the availability or use of an agent to provide agent services if the advertisement includes any reference to or depiction of any of the following:
(a)  work injury,
(b)  any circumstance in which work injury might occur, or any activity, event or circumstance that suggests or could suggest the possibility of work injury, or any connection to or association with work injury or a cause of work injury,
(c)  a work injury service (that is, any service provided by an agent that relates to recovery of money, or any entitlement to recover money, in respect of work injury).
Maximum penalty: 200 penalty units.
80   (Repealed)
81   Exception for advertising specialty
(1)  This Division does not prevent the publication of an advertisement that advertises an agent as being a specialist or offering specialist services, but only if the advertisement is published by means of:
(a)  an entry in a practitioner directory that states only the name and contact details of the agent and any area of practice or specialty of the agent, or
(b)  a sign displayed at a place of business of the agent that states only the name and contact details of the agent and any specialty of the agent, or
(c)  an advertisement on an Internet website operated by the agent the publication of which would be prevented under this Division solely because it refers to work injury or work injury services in a statement of specialty of the agent.
(2)  In this clause:
practitioner directory means a printed publication, directory or database that is published by a person in the ordinary course of the person’s business (and not by the agent concerned or a partner, employee or member of the practice of the agent).
82   Other exceptions
This Division does not prevent the publication of any advertisement:
(a)  to any person who is already a client of the agent (and to no other person), or
(b)  to any person on the premises of a place of business of the agent, but only if the advertisement cannot be seen from outside those premises, or
(c)  in accordance with any order by a court, or
(d), (e)    (Repealed)
(f)  to the extent that it relates only to legal education and is published to members of the legal profession by a person in the ordinary course of the person’s business or functions as a provider of legal education, or
(g)  by an industrial organisation (within the meaning of the Industrial Relations Act 1996) if the advertisement (or so much of it as would otherwise contravene clause 79) relates only to the provision of advice or services by that organisation and states only the name and contact details of the industrial organisation along with a description of the services that it provides, or
(h)  that is required to be published by or under a written law of the State.
83   Responsibility for employees and others
For the purposes of this Division, evidence that a person who is an employee of an agent, or a person otherwise exercising functions in the agent’s practice, published or caused to be published an advertisement is evidence (in the absence of evidence to the contrary) that the agent caused or permitted the publication of the advertisement.
84   Responsibility for advertisements published by others
(1)  For the purposes of this Division, an advertisement is taken to have been published or caused to be published by an agent if:
(a)  the advertisement advertises or otherwise promotes the availability or use of the agent (either by name or by reference to a business name under which the agent practises or carries on business) for the provision of agent services in connection with the recovery of money, or an entitlement to recover money, in respect of work injury, or
(b)  the agent is a party to an agreement, understanding or other arrangement with the person who published the advertisement or caused it to be published that expressly or impliedly provides for the referral of persons to the agent for the provision of agent services in connection with the recovery of money, or an entitlement to recover money, in respect of work injury, or
(c)  the agent is a party to an agreement, understanding or other arrangement with the person who published the advertisement or caused it to be published that expressly or impliedly provides for the person to advertise on behalf of the agent.
(2)  This clause does not apply to an advertisement if the agent proves that the agent took all reasonable steps to prevent the advertisement being published.
85   (Repealed)
Division 3 Advertising by persons other than agents
86   Application of Division
This Division does not apply to conduct of an agent.
87   Definition of “work injury advertisement”
In this Division:
work injury advertisement means an advertisement that includes any reference to or depiction of:
(a)  work injury, or
(b)  any circumstance in which work injury might occur, or any activity, event or circumstance that suggests or could suggest the possibility of work injury, or any connection to or association with work injury or a cause of work injury.
88   Restrictions on work injury advertisements
(1)  A person must not publish or cause or permit to be published a work injury advertisement if the advertisement:
(a)  advertises or otherwise promotes the availability or use of an agent (whether or not a particular agent) to provide agent services, whether or not that is its purpose or only purpose and whether or not that is its only effect, or
(b)  includes any reference to or depiction of the recovery of money or a claim for money, or any entitlement to recover money or claim money, in respect of work injury.
Maximum penalty: 200 penalty units.
(2)  A person must not publish or cause or permit to be published a work injury advertisement if the person is engaged in a practice involving, or is a party to an agreement, understanding or other arrangement that provides for, the referral of persons to one or more agents for the provision of agent services in connection with the recovery of money, or an entitlement to recover money, in respect of work injury.
Maximum penalty: 200 penalty units.
(3)  A person who is a member of a partnership or a director or officer of a body corporate must not expressly, tacitly or impliedly authorise or permit a contravention of subclause (1) or (2) by the partnership or body corporate or by an employee or agent of the partnership or body corporate on behalf of the partnership or body corporate.
Maximum penalty: 200 penalty units.
89   (Repealed)
90   Exception for advertising specialty
(1)  This Division does not prevent the publication of an advertisement that advertises an agent as being a specialist or offering specialist services, but only if the advertisement is published by means of:
(a)  an entry in a practitioner directory that states only the name and contact details of the agent and any area of practice or specialty of the agent, or
(b)  a sign displayed at a place of business of the agent that states only the name and contact details of the agent and any specialty of the agent, or
(c)  an advertisement on an Internet website operated on behalf of the agent the publication of which would be prevented under this Division solely because it refers to work injury or agent services in a statement of specialty of the agent.
(2)  In this clause:
practitioner directory means a printed publication, directory or database that is published by a person in the ordinary course of the person’s business (and not by the agent concerned or a partner, employee or member of the practice of the agent).
91   Other exceptions
This Division does not apply to the publication of an advertisement:
(a)  in accordance with any order by a court, or
(b)    (Repealed)
(c)  to the extent that it relates only to legal education and is published to members of the legal profession by a person in the ordinary course of the person’s business or functions as a provider of legal education, or
(d)  by an industrial organisation (within the meaning of the Industrial Relations Act 1996) if the advertisement (or so much of it as would otherwise contravene clause 88) relates only to the provision of advice or services by that organisation and states only the name and contact details of the industrial organisation along with a description of the services that it provides, or
(e)  by a person in the ordinary course of the person’s business as an insurer or insurance agent or broker, to the extent only that it includes a reference to or depiction of the recovery of money under a policy of insurance, or
(f)  that is required to be published by or under a written law of the State.
92   Protection of publishers
A contravention of clause 88 by a person who publishes an advertisement in the ordinary course of the person’s business as a publisher does not constitute an offence under this Division.
93   (Repealed)