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Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 19 November 2017 at 08:35)
Part 8
Part 8 Notices and claims procedure
40   Notification of workplace injury
(1)  For the purposes of section 44 (2) of the 1998 Act, notification to an insurer or the Nominal Insurer by an employer that a worker has received a workplace injury must be given in any of the following ways:
(a)  by electronic communication (using a mode of electronic communication approved by the insurer or the Nominal Insurer) providing the information requested by the insurer or the Nominal Insurer,
(b)  in writing by completing a notification form approved for the purpose by the insurer or the Nominal Insurer and sending the completed form to the insurer or the Nominal Insurer by post or facsimile transmission at the address or facsimile number indicated on the form, or by completing and lodging the form in person at an office of the insurer or the Nominal Insurer,
(c)  by telephone to the insurer or the Nominal Insurer, giving such information as may be requested of the caller.
(2)    (Repealed)
(3)  An employer who gives a notification under section 44 (2) of the 1998 Act must make and keep for at least 5 years after the notification is given:
(a)  a record of the date, time, place and nature of the injury to which the notification relates, and
(b)  a record of the date on which and the way in which the notification was given, and
(c)  a record of any acknowledgement (such as a receipt number) given to the employer by the insurer or the Nominal Insurer as evidence of receipt of the notification.
Note.
 An entry in the register of injuries kept under section 256 of the 1998 Act is a sufficient record of an injury for the purposes of this clause. The record of an acknowledgement of the notification can also be made and kept as part of the register of injuries.
(4)  An employer must make the records kept under subclause (3) available for inspection in accordance with, and in any event no later than 7 days after the date of, a request by:
(a)  an authorised officer, or
(b)  if any employee of the employer is a member of an industrial organisation of employees—an authorised employee representative of that organisation.
(5)  In this clause:
authorised employee representative of an industrial organisation of employees, means a person who is an authorised industrial officer within the meaning of Part 7 of Chapter 5 of the Industrial Relations Act 1996 in respect of that industrial organisation of employees.
authorised officer means an inspector under section 238 of the 1998 Act.
Maximum penalty: 20 penalty units.
41   Employer must give early notification of workplace injury
A person who fails to comply with section 44 (2) of the 1998 Act is guilty of an offence.
Maximum penalty: 20 penalty units.
42   Notice of injury involving loss of hearing
(1)  If an injury is a loss, or further loss, of hearing that is of such a nature as to be caused by a gradual process (including boilermaker’s deafness and any deafness of a similar origin):
(a)  notice of injury is to be given by the worker under section 62 of the 1998 Act:
(i)  if the worker is employed by an employer in an employment to the nature of which the injury is due to that employer, or
(ii)  if the worker is not so employed, to the last employer by whom the employer was employed in an employment to the nature of which the injury is due, and
(b)  the notice must be in writing and be in the approved form.
(2)  Any forms issued by insurers and self-insurers for the giving of notice by workers of an injury referred to in subclause (1) must also contain such information (if any) as the Authority may from time to time approve and notify to insurers and self-insurers.
43   Notice of dispute about liability
(1)  The notice given to a claimant under section 74 of the 1998 Act must contain the following:
(a)  in relation to a coal miner matter:
(i)  a statement to the effect that the worker can refer the dispute for determination by the District Court, and
(ii)  if the insurer has referred or proposes to refer the dispute for determination by the District Court, a statement to that effect specifying the date of referral or proposed referral, and
(iii)  a statement to the effect that the matters that may be referred to the District Court are limited to matters notified in the notice, in a notice after a further review in correspondence prior to any such referral concerning an offer of settlement or in a request for a further review, except with the leave of the District Court,
(b)  in relation to a work injury damages dispute:
(i)  a statement to the effect that, before a claimant can commence court proceedings, the claimant must firstly serve a pre-filing statement (in accordance with section 315 of the 1998 Act) on the defendant and secondly refer the claim to the Commission for mediation (in accordance with section 318A of the 1998 Act), and
(ii)  a statement to the effect that the claimant is not entitled to raise matters in court proceedings that are materially different from those contained in the pre-filing statement, except with the leave of the court,
(c)  a statement identifying all the reports and documents submitted by the worker in making the claim for compensation,
(d)  a statement identifying all the reports of the type to which clause 46 applies that are relevant to the decision, whether or not the reports support the reasons for the decision,
(e)  a statement advising that a copy of a report required to be provided by the insurer under clause 46 (3) (except as provided by clause 46 (5) or (6)) accompanies the notice,
(f)  advice as to the procedure for requesting a review of the decision,
(g)  a statement to the effect that the worker can seek advice or assistance from the worker’s trade union organisation, from a lawyer or from any Workers Compensation Claims Assistance Service established by the Authority,
(h)  the street address and the email address of the Registrar of the Commission or the Registrar of the District Court, as appropriate.
Note.
 Section 74 of the 1998 Act requires the notice to also include a concise and readily understandable statement of the reason the insurer disputes liability and of the issues relevant to the decision (indicating, in the case of a claim for compensation, any provision of the workers compensation legislation on which the insurer relies to dispute liability).
(2)  A person who fails to comply with section 74 of the 1998 Act in respect of a claim for compensation is guilty of an offence.
Maximum penalty: 20 penalty units.
(3)  It is a defence to a prosecution for an offence of failing to comply with section 74 (2B) of the 1998 Act if it is established that the notice complied with guidelines issued by the Authority as to how the notice concerned was to be expressed.
44   Form of notice to be posted up at workplace
(1)  For the purposes of section 231 (1) of the 1998 Act:
(a)  the summary of the requirements of that Act with regard to the giving of notice of injuries and the making of claims is to be in the approved form, and
(b)  the other information required to be posted up in accordance with that section is the other information contained in the approved form.
(2)  An approved form that ceases to be an approved form (as a result of the amendment or substitution of an approved form) continues to be an approved form for the purposes of a notice posted up under section 231 of the 1998 Act that was in that form immediately before it ceased to be an approved form, but only until the earlier of:
(a)  the renewal or replacement of the notice, or
(b)  12 months after the form ceases to be an approved form.
45   Form of register of injuries to be kept at workplace
(1)  The register of injuries required to be kept under section 256 of the 1998 Act may be kept in written or electronic form.
(2)  The register of injuries may be kept in electronic form only if the employer provides education, training and facilities to ensure that workers are able to access the register.
(3)  The particulars to be entered in the register of injuries are the following:
(a)  the name of the injured worker,
(b)  the worker’s address,
(c)  the worker’s age at the time of injury,
(d)  the worker’s occupation at the time of injury,
(e)  the industry in which the worker was engaged at the time of injury,
(f)  the time and date (or deemed date) of injury,
(g)  the nature of the injury,
(h)  the cause of the injury.
46   Access to certain medical reports and other reports obtained by insurer: sections 73 and 126 of 1998 Act
(1)  This clause applies to the following types of reports that an employer or insurer has in the employer’s or insurer’s possession:
(a)  medical reports, including medical reports provided pursuant to section 119 of the 1998 Act (Medical examination of workers at direction of employer),
(b)  medical certificates,
(c)  clinical notes,
(d)  investigators’ reports,
(e)  workplace rehabilitation providers’ reports,
(f)  health service providers’ reports,
(g)  reports of assessments under section 40A (Assessment of incapacitated worker’s ability to earn) of the 1987 Act,
(h)  reports obtained by or provided to an employer or insurer that contain information relevant to the claim on which a decision to dispute liability is made,
(i)  wage details required to be supplied under section 43 (2) of the 1987 Act where a decision has been made to decline payment of, or reduce the amount of, weekly benefits, but only if such details have not already been supplied to the worker.
(2)  This clause applies to the following decisions of an employer or insurer relating to an injured worker:
(a)  a decision to dispute liability in respect of a claim, or any aspect of a claim (in circumstances requiring the insurer to give the worker a notice and reasons under section 74 of the 1998 Act),
(b)  a decision to discontinue payment, or to reduce the amount of weekly benefits (in circumstances requiring the insurer to give the worker a notice of intention under section 54 of the 1987 Act),
(c)  a decision on the review under section 287A of the 1998 Act of a decision described in paragraph (a) or (b) that confirms the original decision.
(3)  If an employer or insurer makes a decision to which this clause applies, the employer or insurer must provide a copy of any relevant report to which this clause applies to the worker, as an attachment to a notice under section 74 of the 1998 Act, section 54 of the 1987 Act or section 287A of the 1998 Act, as the case may be, except where the report has already been supplied to the worker and that report is identified in a statement under clause 14 (1) (c) or 43 (1) (d).
(4)  The obligation in this clause to provide a copy of a report applies to any report that is relevant to the claim or any aspect of the claim to which the decision relates, whether or not the report supports the reasons for the decision.
(5)  If the employer or insurer is of the opinion that supplying a worker with a copy of a report would pose a serious threat to the life or health of the worker or any other person, the employer or insurer may instead supply the report:
(a)  in the case of a medical report, medical certificate or clinical notes—to a medical practitioner nominated by the worker for that purpose, or
(b)  in any other case—to a legal practitioner representing the worker.
(6)  If, on the application of an employer or insurer, the Authority is satisfied that supplying the worker with a copy of the report would pose a serious threat to the life or health of the worker or any other person and that supplying the report as provided by this clause would not be appropriate, the Authority may:
(a)  direct that the report be supplied to such other persons as the Authority considers appropriate, or
(b)  make such other directions as the Authority thinks fit.
47   Interim payment direction not presumed to be warranted: sec 297 of 1998 Act
For the purposes of section 297 (3) (e) of the 1998 Act, it is not to be presumed that an interim payment direction for weekly payments of compensation is warranted in circumstances where the insurer has given the worker notice under section 74 of the 1998 Act (Insurers to give notice and reasons when liability disputed).