Version No. 001
Workers Compensation Regulations 1995
S.R. No. 100/1995
Version as at 20 May 1998
table of provisions
RegulationPage
1
RegulationPage
Part 1—Introductory
1.Objectives
2.Authorising provision
3.Commencement
4.Revocation of previous Regulations
5.Definitions
Part 2—Particulars of Claim for Weekly Payments
6.Particulars of a claim
Part 3—Proclaimed Diseases
7.List of proclaimed diseases
Part 4—Medical Examinations
8.Examinations to be at reasonable hours
9.Permitted frequency of examinations
Part 5—Medical Certificates
10.Introduction by employer
11.Medical certificate
Part 6—Industrial Diseases (Division 3 of Part 1
of the Act)—Duties of Registered Medical Practitioners and References to Medical Referees and the County Court
12.Definitions
13.Certificate by a registered medical practitioner
14.Reference under section 19 of the Act
15.Procedure relating to references under section 19 of the Act
16.Record of references
17.Examination where worker is unable to travel
Part 7—References Under Section 27 of the Act
18.Provisions applying to references
Part 8—Prescribed Rates of Interest
19.Interest on outstanding weekly payment
20.Interest on award
21.Interest on amounts recovered on behalf of the WorkCover Authority Fund
22.Transitional
Part 9—Injuries Book
23.Injuries book and particulars of injuries
Part 10—Matters of Proof
24.Information to be supplied to insurer by employer
25.Proof of death or disablement
26.Proof of identity
Part 11—Supplementation Recoveries
27.Additional amounts paid under section 2A of the Act
28.Recompense from the Fund for additional amounts paid under section 2A of the Act
29.Additional amounts paid under section 2G of the Act
30.Recompense from the Fund for additional amounts paid under section 2G of the Act
Part 12—Contributions Under Part VI of the Act
31.Prescribed contribution
32.Form of a statement
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SCHEDULES
SCHEDULE 1
Form 1—Introduction by employer
Form 2
Form 3—Certificate of disablement
Form 4—Certificate of registered medical practitioner refusing to give certificate ofdisablement
Form 5—Application by employer for reference of the action of a registered medical practitioner to medical referee or the
county court
Form 6—Application by worker for reference of the action of a
registered medical practitioner to medical referee or the
county court
Form 7—Application by worker or employer for reference of the
contents of a certificate to medical referee or the county court
Form 8—Order on worker to submit for examination by medical referee
Form 9—Order of reference to medical referee
Form 10—Order of reference to the county court
Form 11—Notice of decision of medical referee
Form 12—Record of references to be kept by registrar
Form 13—Proof of payment
Form 14—Application for recompense from the WorkCover Authority Fund
Form 15—Application for recompense from the WorkCover Authority Fund
Form 16—Statement of the statutory premium elements of all amounts received by an insurer by way of premium and contributions payable
SCHEDULE 2—List of diseases proclaimed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Workers Compensation Regulations 1995
S.R. No. 100/1995
Version as at 20 May 1998
1
Workers Compensation Regulations 1995
S.R. No. 100/1995
Part 1—Introductory
1.Objectives
The objectives of these Regulations are to prescribe various matters required or permitted to be prescribed under the Act which are intended to facilitate the effective and efficient operation of the scheme of workers compensation and of workers compensation insurance established by and under the Act.
2.Authorising provision
These Regulations are made under sections 23 and73 of the Act.
3.Commencement
These Regulations come into operation on 12August 1995.
4.Revocation of previous Regulations
The Workers Compensation Regulations 1985[1] are revoked.
5.Definitions
(1)In these Regulations—
"the Act" means the Workers Compensation Act 1958;
"the Previous Funds" means the Insurers Guarantee and Compensation Supplementation Fund and the Workers Supplementation Fund established under the Act as the Act was in force prior to the appointed day.
(2)In these Regulations—
(a)a reference to the County Court, if the Magistrates' Court or the Administrative Appeals Tribunal may exercise jurisdiction in respect of the relevant subject matter and if the context and subject matter so require, is to be taken to be a reference to the Magistrates' Court or the Administrative Appeals Tribunal (as the case may be);
r. 5
(b)"the Registrar" means the Registrar of the County Court, the Magistrates' Court or the Administrative Appeals Tribunal as the case requires; and
(c)a reference to a form is a reference to the form by that number in Schedule 1.
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Part 2—Particulars of Claim for Weekly Payments
6.Particulars of a claim
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The particulars of a claim to be provided with a claim for compensation by a worker pursuant to clause 5A(1)(b) of "The Clauses Referred To" in section 9 of the Act are—
(a)the name, residential address and date of birth of the worker;
(b)the nature and alleged cause of the injury in respect of which the claim is made and the place where and the date on which that injury happened;
(c)the date of the commencement of the incapacity for work which resulted from or was materially contributed to by that injury where this date is different from the date of the injury; and
(d)the name and residential address of all persons who in relation to the worker are a wife, husband, relative or child who is wholly or mainly dependent on the earnings of the worker within the meaning of clause1(b)(i) of "The Clauses Referred To" in section 9 of the Act and the nature of the relationship to the worker of each person so named and the date of birth of each child so named.
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Part 3—Proclaimed Diseases
7.List of proclaimed diseases
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The list of diseases proclaimed pursuant to section21 of the Act as in force prior to the appointed day is contained in Schedule 2.
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Part 4—Medical Examinations
8.Examinations to be at reasonable hours
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If a worker has given notice of an injury or is in receipt of weekly payments the worker can not be required to submit herself or himself for examination by a registered medical practitioner provided by the employer except at reasonable hours.
9.Permitted frequency of examinations
(1)A worker in receipt of weekly payments can not, after an initial examination, be required to submit herself or himself for examination by a registered medical practitioner provided by the employer more frequently than once every three months.
(2)Notwithstanding sub-regulation (1), a worker may be required to submit herself or himself for one additional examination by a registered medical practitioner provided by the employer if an application is made to the County Court for a review of a weekly payment or for redemption of a weekly payment.
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Part 5—Medical Certificates
10.Introduction by employer
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The prescribed form of an introduction by an employer for use between worker, employer and registered medical practitioner before or after the making of a claim for compensation in respect of the injury of a worker is Form 1.
11.Medical certificate
The prescribed form of a medical certificate for use between worker, employer and insurer before or after the making of a claim for compensation in respect of the injury of a worker is Form 2.
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Part 6—Industrial Diseases (Division 3 of Part 1 of the Act)—Duties of Registered Medical Practitioners and References to Medical Referees and the County Court
12.Definitions
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In this Part—
"deliver", "forward" and "send" include to transmit by messenger or pre-paid post;
"place of practice" means the consulting rooms of the registered medical practitioner or medical referee.
13.Certificate by a registered medical practitioner
After examination, the registered medical practitioner must give a certificate of disablement in or to the effect of Form 3 or a certificate in or to the effect of Form 4 that she or he is not satisfied that the worker is entitled to a certificate of disablement and must deliver to the worker the certificate made out by the registered medical practitioner.
14.Reference under section 19 of the Act
(1)If the action of a registered medical practitioner is or the contents of a certificate are to be referred to a medical referee or to the County Court under section 19 of the Act—
(a)if the aggrieved person is the person named as the employer in the certificate of disablement that person must within twenty-one days of the receipt by that person of notice of disablement or if that person requires in writing the production of the said certificate for inspection, within twenty-one days of its being produced, apply in or to the effect of Form 5 or Form 7 (as the case requires) to the Registrar for reference of the matter to a medical referee or to the County Court;
(b)if the aggrieved person is the person named as the worker in the relevant certificate, that person must, within twenty-one days of the date of the certificate by which or by the contents of which that person is aggrieved, apply in or to the effect of Form 6 or Form 7 (as the case requires) to the Registrar for reference of the matter to a medical referee or to the County Court—and the Registrar may, in either case, for good cause extend the time for making such application for not more than seven days.
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(2)An application under sub-regulation (1) must be accompanied by—
(a)if the worker is the applicant, the certificate of the medical practitioner; or
(b)if the employer is the applicant, the notice of disablement and a copy of the certificate of the medical practitioner.
(3)The applicant must also file with the Registrar such copies of the application and other documents, as the Registrar requires, for the use of the other party and the medical referee or the County Court.
(4)The Registrar must refer the matter to the medical referee or the County Court (as the case may require).
15.Procedure relating to references under section 19 of the Act
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(1)The Registrar after having satisfied herself or himself as to whether the worker is able to travel, must make and forward to the worker—
(a)an order in or to the effect of Form 8 that the worker submit for examination by the medical referee; or
(b)an order that the worker attend upon the inquiry to be held by the County Court—
as the case requires.
(2)In the case of reference to a medical referee the Registrar, if satisfied that both parties have agreed to such reference, must refer the matter to such medical referee by forwarding to the medical referee an order of reference in or to the effect of Form 9 and a copy of the application and other documents filed therewith.
(3)In the case of a reference to the County Court the Registrar must refer the matter to the County Court by making an order of reference in or to the effect of Form 10 and by bringing such matter before the County Court in the manner, in so far as the nature of the proceedings may allow, in which contested proceedings are generally brought before the County Court.
(4)In the case of reference to a medical referee the Registrar must forward to both parties a copy of the order of reference and to the respondent a copy of the other documents forwarded to the medical referee.
(5)The medical referee, on receipt of the order of reference, must appoint a time and place for the examination and must send notice thereof to the Registrar.
(6)It is the duty of the worker, if the employer is the applicant, and of the employer or the employer's representative, to attend at the time and place appointed. In the event of the failure of either or both to attend, the medical referee must decide the matter, upon such information as is or becomes available at the time appointed or at such later date to which the medical referee may, on notice to both parties, postpone or adjourn the inquiry.
(7)If the medical referee considers it necessary to apply for expert assistance the medical referee may postpone or adjourn the inquiry on notice to both parties.
(8)Except as otherwise provided the medical referee before deciding the matter must examine the worker and consider any statement made by or on behalf of employer or worker.
(9)The medical referee must forward to the Registrar and each party written notice in or to the effect of Form 11 of the medical referee's decision.
(10)In the case of reference to the County Court—
(a)the Registrar must forward to both parties a copy of the order of reference and to the respondent a copy of the document filed with the Registrar;
(b)the procedure to be followed by the County Court, insofar as the nature of the proceedings may allow, must be the same as that followed upon the hearing and determination by it of contested matters.
16.Record of references
r. 16
The Registrar must keep a record in or to the effect of Form 12 of all references to medical referees made by the Registrar under this Part and must send a copy of such record to the Authority at the end of each quarter.
17.Examination where worker is unable to travel
r. 17
If the worker is unable to travel to attend before the medical referee or upon the hearing of the County Court the worker must submit to such examination or examinations at such times and places as may be ordered by the County Court.
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Part 7—References Under Section 27 of the Act
18.Provisions applying to references
r. 18
The provisions of Part 6 of these Regulations shall apply, insofar as they may be appropriate, to references to medical referees under section 27(4) of the Act and the duties of medical referees arising from these references and the forms prescribed under that Part may with any necessary modifications be used for the purposes of this Part.
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Part 8—Prescribed Rates of Interest
19.Interest on outstanding weekly payment
r. 19
For the purposes of clause 5A(6)(b)(ii) and clause 6A(7)(b)(ii) of "The Clauses Referred To" in section 9 of the Act the prescribed rate of interest is 13·2 per centum per year.
20.Interest on award
For the purposes of section 29(3) of the Act the prescribed rate of interest is 13·2 per centum per year.
21.Interest on amounts recovered on behalf of the WorkCover Authority Fund
For the purposes of section 85(5)(a) of the Act the prescribed rate of interest is 13·2 per centum per year.
22.Transitional
If a period during which interest is required to be calculated under this Part commenced before the commencement of these Regulations, the rate of interest to be applied to any part of the period—
(a)that occurred before the commencement of the Workers Compensation (Interest Rates) Regulations 1992, is the rate of interest prescribed by the Workers Compensation Regulations 1985 as in force before that commencement;
(b)after the commencement of the Workers Compensation (Interest Rates) Regulations 1992, but before the commencement of these Regulations, is the rate of interest prescribed by the Workers Compensation Regulations as amended by the Workers Compensation (Interest Rates) Regulations 1992; and
(c)after the commencement of these Regulations, is the rate of interest prescribed by these Regulations.
r. 22
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Part 9—Injuries Book
23.Injuries book and particulars of injuries
r. 23
The book required by section 45(3) of the Act to be kept at every mine, quarry, factory, shop or office for facilitating the giving of notice of injuries is in the prescribed form if it provides for the entry of the following particulars which are also the prescribed particulars of injuries for the purposes of that sub-section:
1.Name of injured worker.
2.Worker's age.
3.Worker's marital status.
4.Worker's address.
5.Time and date of occurrence of injury.
6.Cause of injury.
7.Nature of injury.
8.Date of entry.
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Part 10—Matters of Proof
r. 24
24.Information to be supplied to insurer by employer
If an employer has elected under section 72(1) of the Act as in force prior to the appointed day to pay the first $500 of each and every claim and the total cost of any one claim is in excess of $500 the employer must provide proof of payment of that amount to the insurer in the form of Form 13.
25.Proof of death or disablement
(1)Death or disablement may be proved by the production of such evidence as the insurer considers necessary having regard to the form of policy and to the circumstances of the case.
(2)In this regulation "policy" means a policy of accident insurance issued by the insurer under section 72 of the Act as in force prior to the appointed day.
26.Proof of identity
An insurer may require evidence as to the identity of the person killed or injured in respect of whom a claim for compensation is made.
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Part 11—Supplementation Recoveries
27.Additional amounts paid under section 2A of the Act
r. 27
Every insurer who may be required to pay an additional amount on behalf of an employer as compensation by virtue of sub-section (3) of section 2A of the Act in respect of an injury arising out of or in the course of employment of a worker before 1 July 1975, must furnish the following information to the Authority and certify that it is true and correct:
Claim number of insurer;
Employer;
Date of injury of the worker;
Rate of compensation payable as at 30June1975;
Rate of compensation payable from 1July1975.
28.Recompense from the Fund for additional amounts paid under section 2A of the Act
(1)Every application to the Authority for recompense from the Fund for an additional amount paid on behalf of an employer as compensation by virtue of sub-section (1) of section 2C of the Act in respect of an injury arising out of or in the course of employment of a worker before 1 July 1975, must be lodged with or forwarded to the Authority in or to the effect of Form 14.
(2)It is sufficient compliance for the purposes of this Regulation if any part of the information required is furnished by the insurer in writing or in the form of a computer print-out or a print-out from any other recognised information storage system attached to the relevant application.
29.Additional amounts paid under section 2G of the Act
r. 29
An insurer who may be required to pay an additional amount on behalf of an employer as compensation by virtue of sub-section (1) or (2) of section 2D of the Act in respect of an injury arising out of or in the course of employment of a worker must furnish the following information to the Authority and certify that it is true and correct:
Claim number of insurer;
Name of employer;
Date of injury of worker;
Appropriate compensation rate.
30.Recompense from the Fund for additional amounts paid under section 2G of the Act
(1)Every application to the Authority for recompense from the Fund for an additional amount paid on behalf of an employer as compensation by virtue of sub-section (1) of section 2G of the Act in respect of any injury arising out of or in the course of employment of a worker must be lodged with or forwarded to the Authority in or to the effect of Form 15.
(2)It shall be sufficient compliance for the purposes of this regulation if any part of the information required is furnished by the insurer in writing or in the form of a computer print-out or a print-out from any other recognised information storage system attached to the relevant application.