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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Repealed version for 30 June 2016 to 31 August 2016 (accessed 22 September 2017 at 02:04)
Part 19
Part 19 Miscellaneous
178   Disclosure of information for complaint about health practitioners: sec 243 (2) (d) of the 1998 Act
(1)  The Authority may disclose any information obtained in connection with the administration or execution of the workers compensation legislation concerning a health practitioner or any person to whom a health service has been provided by a health practitioner if the disclosure is made to the Commission or to a professional council or registration authority under the Health Practitioner Regulation National Law.
(2)  Disclosure under this clause is allowed only for the purpose of:
(a)  the making of a complaint by the Authority about the health practitioner under the Health Practitioner Regulation National Law or the Health Care Complaints Act 1993, or
(b)  assisting with any subsequent investigation, hearing or other action under the Health Practitioner Regulation National Law or the Health Care Complaints Act 1993 in connection with the complaint.
(3)  In this clause:
Authority includes the Nominal Insurer.
Commission, health practitioner, health service and registration authority have the same meanings as in the Health Care Complaints Act 1993.
the workers compensation legislation means the 1998 Act, the 1987 Act and the former 1926 Act.
178A   Disclosure of information to Long Service Corporation: sec 243 (2) (d) of the 1998 Act
(1)  The Authority may disclose details of contract cleaning industry employers, obtained in connection with the administration or execution of the workers compensation legislation, to the Long Service Corporation.
(2)  Disclosure under this clause is allowed only for the purpose of ensuring that the Long Service Corporation has names and contact details of contract cleaning industry employers.
(3)  In this clause:
contract cleaning industry employer means an employer within the meaning of the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010.
Long Service Corporation means the Long Service Corporation constituted under the Long Service Corporation Act 2010.
179   Additional records to be kept by employers
Pursuant to section 174 of the 1987 Act, an employer must keep records of the following additional matters:
(a)  to the extent that is relevant to the employer—the number of taxi plates of the employer, the number of rides for jockeys and the number of bouts for boxers and wrestlers,
(b)  in the case of workers paid under contracts of the kind referred to in paragraph (b) of the definition of wages in section 174 (9) of the 1987 Act—details of the contract concerned and related documentation, sufficient to enable an insurer to determine the amount of any costs to be deducted as referred to in that paragraph,
(c)  in the case of a worker engaged as an apprentice—records sufficient to establish the existence of the apprenticeship, including:
(i)  any documents required to be kept under the Apprenticeship and Traineeship Act 2001 in relation to the apprentice, and
(ii)  any apprenticeship contracts approved by the Department of Education in relation to the apprentice.
180   Uninsured liabilities—modification of provisions of the 1987 Act
For the purposes of section 142A (2) and 148 (3) of the 1987 Act, the following modifications are made to the provisions of the 1987 Act in their application to claims made under the Scheme:
(a)  references in sections 40A, 54, 83 and 84 of the 1987 Act and in sections 71, 119, 122, 125 and 126 of the 1998 Act to an insurer, self-insurer or employer are to be read as references to the Nominal Insurer,
(b)  references in sections 11A (8) and 38A of the 1987 Act and in sections 58 and 65 (5) of the 1998 Act to an insurer or self-insurer are to be read as references to the Nominal Insurer,
(c)  in a case where a claim is made to a court or the Commission under section 142B of the 1987 Act and the employer named by the applicant under section 142B (2) is a corporation that has ceased to exist or a deceased person whose estate has been distributed—section 142B (2) is to be read as if it also provided that (in such a case) the application is not, subject to any rules of the court or the Commission, required to serve a copy of the application on that person,
(d)  section 174 (6A) of the 1987 Act is to be read as if section 174 (6B) were omitted.
181   (Repealed)
182   Costs of medical assessment: sec 330 of 1998 Act
(1)  An employer or insurer is not required to pay any costs of medical assessment in connection with:
(a)  a medical assessment under Part 7 of Chapter 7 of the 1998 Act, if the worker failed without reasonable excuse to submit himself or herself to a medical examination conducted for the assessment, or
(b)  any further examination conducted for a medical assessment referred to in paragraph (a), or
(c)  an appeal against such a medical assessment, if the worker failed without reasonable excuse to attend a hearing on the appeal, or
(d)  any further hearing held on an appeal referred to in paragraph (c).
(2)  The worker is required to pay any costs of assessment referred to in subclause (1) (a)–(d).
183   Arrangement of business before Commission: sec 349 of 1998 Act
(1)  The President determines which Presidential member will hear an appeal against a decision of an Arbitrator or an application for leave to appeal.
(2)  The Registrar determines which Arbitrator will hear any other matter before the Commission.
184   Proceedings to enter up award on agreement for compensation: sec 66B of 1987 Act
An application for determination of a claim for compensation by way of an award to give effect to an agreement between the parties may be lodged only if the application is accompanied by such evidence that the proceedings are not prevented by section 66B of the 1987 Act from being entertained by the Commission as is specified by the Rules of the Commission for that purpose.
184A   Powers of entry by inspectors
SafeWork NSW is prescribed for the purposes of paragraph (b) of the definition of inspector in section 238 (1) of the 1998 Act as a body that can authorise a person for the purposes of that section.
184B   Power to obtain information, documents and evidence
SafeWork NSW is prescribed for the purposes of paragraph (b) of the definition of inspector in section 238AA (7) of the 1998 Act as a body that can authorise a person for the purposes of that section.