Workers' compensation or workers' comp (formerly workmen's compensation until the name was changed to make it gender-neutral) is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. WORKERS COMPENSATION ACT 1987 - SECT 17 Loss of hearing--special provisions 17 Loss of hearing--special provisions (cf former s 7(4B), (4BB)) In such a case, paragraph (a) of this subsection can apply (if a dispute about whether degree of permanent impairment is fully ascertainable is the subject of medical assessment) to further prevent time running for the purposes of section 151D. (1) A worker must provide to the insurer--. 61). 66 Entitlement to compensation for permanent impairment (1) A worker who receives an injury that results in a degree of permanent impairment greater than 10% is entitled to receive from the worker’s employer compensation for that permanent impairment as provided by this section. 94). Section 59A of the Workers Compensation Act 1987 limits the payment of compensation for treatment, service or assistance to a period of 12 months after a claim for compensation is made or 12 months after weekly payments of compensation cease. Workers Compensation Act 1987 No 70 New South Wales Status information Currency of version Current version for 25 March 2020 to date (accessed 27 March 2020 at 13:21) Legislation on this site is usually updated within 3 working days after a change to the legislation. For Part 6 of Chapter 7 of the 1998 Act imposes restrictions on the commencement of court proceedings for damages. Section 184 of the Act applies as if the Policy had been cancelled under that section. 0 hits in page: First Last . SUMMARY: a. A brief statement is attached setting out the Commission’s reasons for the determination. The applicant suffered bilateral knee injuries in the course of his employment as a Meter Reader. In New South Wales (NSW), Australia workers compensation is governed by the Workers Compensation Act 1987. The transitional amount is initially $906.25 and is indexed annually. Minister for Innovation and Better Regulation Explanatory note The object of this Regulation is to remake, with minor amendments, the provisions of the Workers Compensation Regulation 2010. 10 December 1992, p. 1761] 9 ) Statutes Amendment (Chief Inspector) Act 1993 No. Under this subsection, that $116,666.67 will be increased by 5%, yielding $122,500. Under this subsection, that $25,420 will be increased by 5%, yielding $26,691. Under subsection (2), the amount of permanent impairment compensation to which he or she is entitled is $175,000. The Act consists of 10 parts (2 of which have been repealed) which cover the issues of compensation liability and benefits, uninsured liabilities, common law remedies, insuranceand protection of injured workers from dis… Weekly payments made before the commencement of the weekly payments amendments are not counted towards the 5 years. 44B Evidence as to work capacity. 4 of 1997). Chapter 3 of the 1998 Act (Workplace injury management) provides that, if a worker fails unreasonably to comply with a requirement of that Chapter after being requested to do so by an insurer, the worker has no entitlement to weekly payments of compensation for the period that the failure continues. 70). This clause does not apply to coal miner claims as those claims are not subject to the transfer provisions of clause 5. The determination of the Commission has effect despite any agreement on apportionment if the application for determination was made by an employer (in the employer’s own right) or the Authority. This will enable such an election to be revoked in the circumstances provided by section 151A and common law damages recovered on the basis of the law as in force at the time of the original election. It was introduced to replace the Workers Compensation Act 1926. Workers Compensation Act 1987 No 70. Workers Compensation Amendment Act 1997 (No. Workers Rehabilitation and Compensation Act 1986 [ceased] Repealed by Sch 9 cl 2 of Return to Work Act 2014 on 1.7.2015. Section 39 limits the payment of weekly payments of compensation to a period of 5 years. An insurer can conduct a work capacity assessment of a worker at any time. WORKERS COMPENSATION ACT 1987 - SECT 151AD No damages for nervous shock injury to non-workers 151AD No damages for nervous shock injury to non-workers (1) No damages for pure mental harm may be awarded against an employer liable to pay compensation under this Act in respect of the death of or injury to a worker if the pure mental harm arises wholly or partly from mental or nervous … In the absence of this subsection, sections 471B and 500 (2) of the. Paragraph (b) no longer applies once the degree of permanent impairment has been assessed. Section 39 of the Workers Compensation Act 1987 provides there is no entitlement to weekly payments of compensation for an injury after an aggregate period of 260 weeks in respect of which a weekly payment has been paid or is payable, unless the worker's degree of permanent impairment resulting from the injury is more than 20% WPI.. An Act to provide for the compensation and rehabilitation of workers in respect of work related injuries; to repeal the. Section 322 of the 1998 Act provides that the assessment of the degree of permanent impairment is to be made in accordance with Workers Compensation Guidelines. Subclause (2) ensures that for existing claims the 12 month period will commence no earlier than the commencement of the section. WORKERS COMPENSATION ACT 1987 - SECT 19B Presumptions relating to certain employment in relation to COVID-19. That section also provides that impairments that result from the same injury are to be assessed together. Workers Compensation (General) Amendment (Savings) Regulation 1999 (No. Responsible Minister. Section 20 makes a principal liable to pay compensation for injured workers of a contractor if the contractor has not taken out a policy of insurance. 5. Workers Compensation Legislation Amendment Act 1999 (No. Workers Compensation (General) Regulation 1995 (No. Sections 43, 45, 47, 50, 52, 56–59, 65, 66, 69, 71–75, 76, 107, 108, 113, 117, 118, 126, 136, 141, 232, 235A, 235B, 238, 260, 261, 264, 266–272, 274–276, 279, 280, 281, 282, 284, 287, 291, 295, 301, 308, 330, 337, 345 and 356. Corporation B also has a direct interest in corporation C. In this case, corporations A, B and C form part of a chain of corporations. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. Type of legislation: Law, Act. (cf former ss 10A (1A), (1B), 10B (2), (3)). (cf former s 18 (3) (a), (a1), (3A), (3B), (3C)). Provisions in force All the provisions displayed in this version of the legislation have commenced. Legislation Amendment. Accordingly, an entity that has a direct interest in corporation A also has an indirect interest in corporation B. View whole Act Statutory instruments Turn history notes on Legislative history Search Act Results: match 0 of 0 provisions. For Orders under this section and section 61, see the Historical notes at the end of this Act. Unformatted text preview: New South Wales Workers Compensation Act 1987 No 70 Status information Currency of version Historical version for 1 February 2011 to 30 June 2011 (generated 5 October 2011 at 14:23).Legislation on the NSW legislation website is usually updated within 3 working days. If the whole of the impairment is to the back, the compensation payable in relation to the back will be the whole $25,420. Under subsection (2), the amount of permanent impairment compensation to which he or she is entitled is $25,420. Wokplace Injury Management and Workers Compensation Amendment (Private Insurance) Act, 2000 (No. WORKMEN'S COMPENSATION ACT 1987 (PNDCL 187) Section 1-Application to employees employed by the Republic This Act applies to employees employed by the Republic as well as private persons, except in the case of persons in the Armed Forces. 373), Workers Compensation Act 1987-Insurance Premiums Order (1997-98) (1997-No.236), Workers Compensation (Penalty Notices) Regulation 1996 (No. On 30 October 2018 … Date of commencement of the provisions of Sch 2 relating to the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, 1.7.1989, sec 2 (1) and GG No 81 of 30.6.1989, p 3822. 24 September 1987, p. 1002] (as varied by Regulation No. Maximum penalty—500 penalty units or imprisonment for 6 months, or both. The entity also has a direct interest (with a value of 25%) in corporation A, which in turn has a direct interest (with a value of 60%) in corporation B. (1) No compensation is payable under this Act in respect of an injury (other than a disease injury) unless the employment concerned was a substantial contributing factor to the injury. Evidence as to work capacity. The worker suffered her injury in October 2006 and was a long-term, voluntary recipient of weekly benefits. Section 270 of the 1998 Act also allows an insurer to require medical evidence and authorisations about incapacity for work when weekly payments begin. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. See section 65A. Workers Compensation Legislation Amendment Act 2001 (No. Workers Compensation Act 1987 No 70 Status information Currency of version Current version for 1 October 2012 to date (generated 17 June 2013 at 14:06). Physical injuries and psychological/psychiatric injuries are not assessed together. Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 No 113. Maximum penalty (subsection (8)): 500 penalty units. Workers Compensation Legislation Amendment Act 1995 (No. WORKERS COMPENSATION ACT 1987 - SECT 44B. Provisions in force All the provisions displayed in this version of the legislation have commenced. Compensation for domestic assistance is provided for by section 60AA. A new section (19B) has been inserted in the Workers Compensation Act (1987) that now creates an automatic entitlement to compensation should a worker in prescribed employment contract Novel Coronavirus (COVID-19). Legislation on the NSW legislation website is usually updated within 3 working days. However, this Division will generally apply in the case of an injury to a coal miner if the injury is caused by an off-road motor accident and there is no motor accident insurer on risk (see section 3D of the. Section 2-Employer's liability for compensation (1) Where an employee sustains personal injury by accident arising out of, and in the … For declarations under this section see the Historical notes at the end of this Act. The Auditor-General has powers under section 36 of the. (1) Where an employee becomes entitled under this Act to the payment of compensation by the employer, the chief labour officer or any other labour officer authorised in that behalf by the chief labour officer shall, forthwith, notify the employer of the amount of the compensation payable by the employer to that employee, and where the amount of the compensation has been altered under section 15, the … Adopted on: Name: Workers Compensation Act 1987 (No. Schedule 2 sets out the manner for determining whether an entity has a direct interest, indirect interest or aggregate interest in a corporation, and the value of such an interest. In March 2015 the insurer issued a section 74 Notice disputing liability on the basis that the injury had resolved (relying upon section 4 – no injury in the course of employment) and that th… The Workers Compensation Guidelines can also require a work capacity assessment to be conducted. For Orders under this section, see the Historical notes at the end of this Act. Provisions in force All the provisions displayed in this version of the legislation have commenced. The Insurer issued a notice of a work capacity decision pursuant to Section 43 of the 1987 Act on 26 March 2013. A person suffers 50% permanent impairment. No permanent impairment compensation is payable for a degree of permanent impairment of 10% or less. Return to search results Clear search. It is common ground that the date of injury was 31 July 2018. 212 of 1992 [Gaz. The injuries are to be compensated together, not as separate injuries. Overseen by WorkCover, the Act outlines the compensation and rehabilitation of workers in respect to work related injuries. See clause 3 of Part 18. Workers Compensation Legislation Amendment Act 2012 No 53. Section 87F (6) provides that a commutation agreement is of no effect unless and until it is registered. 163 of 1999). 540 of 1995). 44BB(1)(c) OF THE WORKERS COMPENSATION ACT 1987. 1989: No 119: Workers Compensation (Compensation Court) Amendment Act 1989. Definition of "injury" 4A.Directors of uninsured employer not entitled to compensation 5. Introduction and background 1. Workers who are assessed with a whole person impairment of less than 21% will have their weekly payments terminated once they have received 260 weeks of payments. Maximum penalty (subsection (7)): 50 penalty units. (1) The weekly payment of compensation to which an injured worker who has no current work capacity is entitled during the first entitlement period is to be at the rate … Workers Compensation Legislation Amendment Act 2000 No 87. Previous Hit Next Hit . If there is more than one physical injury those injuries will still be assessed together as one injury under section 322 of the 1998 Act, but separately from any psychological injury. Section 175F sets out the circumstances in which a determination may be made under this section. (a) certificates of capacity inaccordance with this section in respect of the period in respect of which theworker is entitled to weekly payments, and. The total compensation payable for the impairment will therefore be $180,833.33. WORKERS COMPENSATION ACT 1987 - As at 23 October 2020 - Act 70 of 1987 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1.Name of Act 2.Commencement 2A.Relationship to Workplace Injury Management and Workers Compensation Act 1998 3. Accordingly, in this example the entity has a controlling interest (within the meaning of section 175P) in corporation B. Workers Compensation (General) Amendment (Conciliation) Regulations 1997 (No. Maximum penalty—20 penalty units or imprisonment for 6 months, or both. Section 322 of the 1998 Act requires the impairments that result from those injuries to be assessed together. A person suffers 12% permanent impairment. Assented to 30.12.1988. In the case of a disease injury, the worker’s employment must be the main contributing factor. Amendments made to section 9A and the definition of. Workers Compensation Act 1987 (1987 Act) as at 1 October 2012. The entity that has a direct interest in corporation A has an indirect interest in both corporations B and C. Corporation B also has a direct interest in corporation D. There are now 2 chains of corporations, one consisting of A, B and C, and one consisting of A, B and D. Corporations B, C and D are all linked to corporation A and an entity that has a direct interest in corporation A would have an indirect interest in corporations B, C and D. An entity that has a direct interest in corporation B would have an indirect interest in corporations C and D. However, an entity that has a direct interest in corporation C only would not have an indirect interest in corporation D, as corporation D is not linked to corporation C. An entity has a direct interest (with a value of 80%) in corporation A. Accordingly, the entity also has an indirect interest in corporation B with a value of 15% (that is, 25% × 60%). A regulation made for the purposes of this subsection may apply to a policy of insurance whether issued before, on or after the commencement of this subsection, as the regulation may provide. Workers Compensation Legislation Further Amendment Act 2001 (No. 243). Workplace Injury Management and Workers Compensation Act 1998, State Insurance and Care Governance Act 2015, A New Tax System (Goods and Services Tax) Act 1999, Work Health and Safety (Mines and Petroleum Sites) Act 2013, Workers Compensation Market Practice and Premiums Guidelines, Workers’ Compensation (Dust Diseases) Act 1942, Directors of uninsured employer not entitled to compensation, Workers’ Compensation (Brucellosis) Act 1979, Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, Application of Act in respect of coal industry, Liability of employers for injuries received by workers—general, Seafarers Rehabilitation and Compensation Act 1992, Recognition of determination of State of connection in another State, No compensation payable unless employment substantial contributing factor to injury, No compensation for heart attack or stroke unless nature of employment results in significantly greater risk, No compensation for psychological injury caused by reasonable actions of employer, Diseases of gradual process—employer liable, date of injury etc, Aggravation etc of diseases—employer liable, date of injury etc, Special insurance provisions relating to occupational diseases, Presumptions relating to certain employment, Presumptions relating to certain cancers—firefighters, Workers Compensation Legislation Amendment Act 2012, Presumptions relating to certain employment in relation to COVID-19, Principal liable to pay compensation to workers employed by contractors in certain cases, Compensation to be apportioned where more than one injury, Further provisions concerning apportionment of liability under section 22, Determination as to which injury gave rise to compensation liability, Certain injuries not to be dealt with under sections 15 and 16, Age or residence not relevant to liability, Apportionment of payments between dependants, Weekly compensation by way of income support, Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Weekly compensation during total or partial incapacity for work, Weekly payments during first entitlement period (first 13 weeks), Weekly payments during second entitlement period (weeks 14–130), Weekly payments after second entitlement period (after week 130), Special provision for workers with highest needs, Cessation of weekly payments after 5 years, Entitlement after second entitlement period not affected by certain circumstances, Compensation for incapacity after second entitlement period resulting from surgery, Application by worker to alter amount of weekly payments, Reduction of weekly payments to qualify for other benefits, Reduction of weekly payments to prevent dual benefits, Incapacity deemed to exist in certain cases, Compensation payable despite existing incapacity, Weekly compensation payable despite holiday pay etc, Termination of weekly payments on retiring age, Weekly payments—residence outside the Commonwealth, Worker to notify return to work etc with other employer, Refund of weekly payments paid after return to work etc, Compensation for medical, hospital and rehabilitation expenses etc, Health Practitioner Regulation National Law (NSW), Compensation for cost of medical or hospital treatment and rehabilitation etc, Worker not liable for medical, hospital and rehabilitation charges above applicable rates, Rates applicable for medical or related treatment, Rates applicable for workplace rehabilitation services, Rates applicable for car travel associated with treatment, Compensation for cost of interpreter services, Compensation for return to work assistance, Workers returning to work with new employer, Determination of degree of permanent impairment, Special provisions for psychological and psychiatric injury, Entitlement to compensation for permanent impairment, No proceedings to enter up award on agreement for compensation, Deductions for previous injuries and pre-existing conditions—operation of sections 15, 16, 17 and 22, Reimbursement for costs of medical certificate and examination, Maximum rate for damage to artificial limbs, spectacles, Adjustment of amounts of benefits according to award rate of pay index, Indexation of certain amounts—according to average weekly earnings, Indexation—compensation amount for workers with highest needs, Indexation of compensation for permanent impairment, Indexation—compensation for permanent impairment, Payments to NSW Trustee for benefit of beneficiary, Reduction of benefits where additional or alternative compensation payable, Additional or alternative compensation to which Division applies, Employer etc to notify claim or payment of additional or alternative compensation, Medical expenses compensation not to be commuted for catastrophic injuries, Commutation when worker legally incapacitated, Commutation payment taken to be payment of compensation, Nominal Insurer becomes insurer for claims, Proceedings before Commission on claim for compensation, Employer or insurer to reimburse Insurance Fund, Recovery from directors of corporations liable to reimburse Insurance Fund, Reference to worker’s employer includes fellow workers etc, The applicable substantive law for work injury claims, What constitutes injury and employment and who is employer, a State’s legislation about damages for a work related injury, Availability of action in another State not relevant, Effect of recovery of damages on compensation, Law Reform (Miscellaneous Provisions) Act 1944, 6-months delay before commencement of court proceedings against employer for damages, Time limit for commencement of court proceedings against employer for damages, Time not to run for commencement of proceedings in certain cases, Only damages for past and future loss of earnings may be awarded, No damages unless permanent impairment of at least 15%, Calculation of past and future loss of earnings, Damages for future economic loss—discount rate, Law Reform (Miscellaneous Provisions) Act 1965, Retrospective restoration of modified common law, Modified common law to apply from 30 June 1987, Time limit for commencement of court proceedings extended, Workers Compensation (Amendment) Act 1991, Insurance policies to cover retrospective claims, Funding of self-insurers, government employers etc for retrospective claims, Workers Compensation (Benefits) Amendment Act 1989, Recovery against both employer and stranger, Abolition of doctrine of common employment, Special provision for common law liabilities under pre-1995 policies, Workers Compensation (General) Regulation 1995, Further special insurance provisions relating to dust diseases, Designated insurer to be responsible pending resolution of dispute, Designated insurer to act for other insurers, Other insurers can make submissions as to damages, No damages for nervous shock injury to non-workers, Provisions relating to Nominal Insurer, Insurance Fund and scheme agents, Establishment and operation of Insurance Fund, Authority’s functions not limited by agency arrangement, Authority’s functions extended to scheme agents, Certain provisions extended to scheme agents, Exempt employers not required to obtain policy of insurance, Recovery of double premiums for contravention of insurance requirements, Misleading conduct by insurers and insurance intermediaries, Recovery from directors of corporation—insurance requirements, Issue of stop work order to uninsured employer, Employer—offences relating to policies of insurance, Security deposit or guarantee for payment of premium, Furnishing information for calculation of premiums, Giving false information for premium calculation, Redetermination of premium and payment of interest, Records relating to wages, contracts etc to be kept and supplied, Building and Construction Industry Long Service Payments Act 1986, Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010, Superannuation Industry (Supervision) Act 1993, Superannuation Guarantee (Administration) Act 1992, Inclusion of trust distributions as wages, Recovery of inspection costs of Authority or insurer, Employers evading payment of correct premiums, Recovery from directors of corporation evading payment of correct premium, Liability of principal contractor for unpaid premiums payable by subcontractor, Private rulings regarding workers at the request of employers, Grouping of employers for insurance purposes, Grounds for excluding employers from group, Members of group to have policies with same scheme agent and common renewal date, Joint and several liability of group members, Primary groups arising from the use of common employees, Primary groups of commonly controlled businesses, Primary groups arising from tracing of interests in corporations, Smaller primary groups subsumed by larger groups, Grouping provisions to operate independently, Special provisions for specialised insurers, Matters that may be regulated by conditions of licences, Imposition of civil penalty on or censure of licensed insurer or self-insurer, Cancellation of policies following cancellation or suspension of insurer’s licence, Assignment of policies of former insurers etc, Records and evidence relating to licences, Liabilities on Commonwealth insurers—special condition, Information and records as to business etc to be supplied to Authority by insurers, Notification to Authority of certain defaults in relation to insurers, Power of Supreme Court to deal with insurers or former insurers unable to meet liabilities etc, Exclusion of insurance brokers, agents or intermediaries, Regulation of insurers and miscellaneous provisions, Directions to insurers with respect to claims procedures, Contributions by licensed insurers to Insurance Fund, Safety, Rehabilitation and Compensation Act 1988, Offences for contravention of this Division, Endorsement of subsidiaries on self-insurer’s licence, Government employers covered by Government managed fund scheme to be self-insurers, Deposit required for self-insurers and former self-insurers, Assignment of policies of former self-insurers, Agreements for transfer of claims to insurers, Insurance Fund may be applied to meet claims etc of defaulting insurers, policy of insurance issued by an insolvent insurer, Workers Compensation (Benefits) Amendment Act 1991, Appointment of Authority as agent and attorney of employer and worker, Recovery of amounts under contracts or arrangements for reinsurance, Payments of workers compensation when insolvent insurer dissolved, Inspection of documents etc by person authorised by Minister, Authority may take certain legal proceedings, Meaning and application of “threshold amount”, insurer’s proportion of the threshold amount, Minister may make declaration as to significant terrorism-related liabilities, Insurers to provide Authority with information, Contributions to Terrorism Re-insurance Fund, Partial reimbursement of insurers from Terrorism Re-insurance Fund, Protection of injured workers from dismissal, Application to employer for reinstatement of dismissed injured worker, Application to Industrial Relations Commission for reinstatement order if employer does not reinstate, Order by Industrial Relations Commission for reinstatement, Disputes as to fitness—medical assessment, Continuity of service of reinstated worker, Dismissal within 6 months of injury an offence, Workplace Relations Amendment (Work Choices) Act 2005, Enforcement of interests in certain assets and deposits in priority over Authority or Nominal Defendant prevented, Workers compensation liability with respect to staff of statutory bodies, Savings, transitional and other provisions, Offshore Petroleum and Greenhouse Gas Storage Act 2006, Employer groups—tracing of interests in corporations, Earnings for purposes of weekly payments of compensation under Division 2 of Part 3, Meaning of “pre-injury average weekly earnings”, Agreements relating to pre-injury average weekly earnings, Pre-injury average weekly earnings for short-term workers, Pre-injury average weekly earnings of apprentices, trainees and young people, Meaning of “current work capacity” and “no current work capacity”, Workmen’s Compensation (Amendment) Act 1920, Workers’ Compensation (Amendment) Act 1929, Workers’ Compensation Act and Workmen’s Compensation (Broken Hill) Act (Amendment) Act 1942, Workers’ Compensation (Amendment) Act 1945, Workers’ Compensation (Amendment) Act 1948, Workers’ Compensation (Amendment) Act 1951, Workers’ Compensation (Further Amendment) Act 1951, Workers’ Compensation (Amendment) Act 1953, Workers’ Compensation (Amendment) Act 1957, Workers’ Compensation (Further Amendment) Act 1960, Workers’ Compensation (Amendment) Act 1964, Industrial Arbitration (Basic Wage) Amendment Act 1967, Workers’ Compensation (Amendment) Act 1967, Workers’ Compensation (Dust Diseases) Amendment Act 1967, Workers’ Compensation (Amendment) Act 1970, Workers’ Compensation (Amendment) Act 1971, Workers’ Compensation (Insurance) Act 1973, Workers’ Compensation (Amendment) Act 1975, Workers’ Compensation (Further Amendment) Act 1975, Statutory and Other Offices Remuneration Act 1975, Workers’ Compensation (Further Amendment) Act 1977, Workers’ Compensation (Rates) Amendment Act 1977, Workers’ Compensation (Amendment) Act 1978, Workers’ Compensation (Amendment) Act 1980, Workers’ Compensation (Rates) Amendment Act 1980, Workers’ Compensation (Amendment) Act 1981, Miscellaneous Acts (Coal Mines Regulation) Repeal and Amendment Act 1982, Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983, Workers’ Compensation (Senior Police) Amendment Act 1984, Workers’ Compensation (Amendment) Act 1984, Statute Law (Miscellaneous Amendments) Act 1984, Workers’ Compensation (Amendment) Act 1985, Statute Law (Miscellaneous Provisions) Act 1986, Miscellaneous Acts (Area Health Services) Amendment Act 1986, Workers’ Compensation (Amendment) Act 1986, Workers’ Compensation (Further Amendment) Act 1986, Miscellaneous Acts (Water Administration) Amendment Act 1986, Statute Law (Miscellaneous Provisions) Act (No 2) 1986, Coal Mines Regulation (Workers Compensation) Amendment Act 1987, Construction Safety (Workers Compensation) Amendment Act 1987, Dangerous Goods (Workers Compensation) Amendment Act 1987, Defamation (Workers Compensation) Amendment Act 1987, Factories, Shops and Industries (Workers Compensation) Amendment Act 1987, Industrial Arbitration (Workers Compensation) Amendment Act 1987, Mines Inspection (Workers Compensation) Amendment Act 1987, Miscellaneous Acts (Workers Compensation) Amendment Act 1987, Occupational Health and Safety (Workers Compensation) Amendment Act 1987, Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987, Public Health (Workers Compensation) Amendment Act 1987, Workers’ Compensation (Dust Diseases) Amendment Act 1987, Extended definition of worker (sec 3 (1A)), Provisions relating to liability for compensation, Application of Act irrespective of date of injury, Journey claims—changes not to apply to existing injuries, Workers Compensation (Amendment) Act 1989, Diseases of gradual process etc—“previous” employers’ liability to contribute to compensation under sec 67 of this Act, Workers Compensation Legislation (Miscellaneous Amendments) Act 1994, Transitional—amendments to secs 15 and 16, Workers Compensation Legislation Amendment Act 1995, Transitional—apportionment and contribution, Restrictions on psychological injury claims, Requirement that employment be substantial contributing factor, Workers Compensation Legislation Amendment Act 2002, Provisions relating to compensation payable on death, Application of Act irrespective of date of death, Amount of compensation—former Act applies in the case of deaths resulting from injuries received before commencement of Act, Provisions relating to weekly payments of compensation, Definition of “first 26 weeks of incapacity”, Former Act applies to weekly payments continuing after commencement in respect of existing injuries, Post-26 week payments covered by the former Act not affected by the, Workers Compensation (Savings and Transitional) Regulation 1992, Continuation of operation of sec 11 (2) of former Act, Continued operation of 1987 version of sec 38 (1)–(5) for injuries before 30 June 1989 and incapacity before 1993 amending Act, Workers Compensation Legislation (Amendment) Act 1994, Workers Compensation (Savings and Transitional) Regulation 1989, Operation of 1994 amending Act (secs 38, 38A, 40, 40A, 43, 43A)—injuries before 1994 amending Act, Operation of regulation relating to form of medical certificates under sec 38, Workers Compensation (General) Regulation 1987, Workers Compensation Legislation Amendment Act 1998, Reducing s 40 benefit where suitable employment refused, Redemptions under former Act for existing injuries, Commutations under section 51 for injuries received before 1998 amending Act, Amendment to section 51 by 1998 amending Act—savings, Current weekly wage rate applicable to certain workers incapacitated for work, Refund and other adjustments of weekly payments—amendments to sec 58 of this Act, Apportionment, contribution and recoveries—commuted compensation, Information to be provided at request of workers, Refund of weekly payments—amendments to sec 55 of this Act, Discontinuation of weekly payments after 2 years, Discontinuation of weekly payments after 2 years—application of 1998 amendments, Provisions relating to compensation for medical, hospital and rehabilitation expenses, Application of Act irrespective of date of treatment or service, Maximum amounts for previous treatment and service, Approvals under sec 10 of former Act continued, Worker’s liability for expenses above applicable rates, New procedure for fixing rates etc—1998 amending Act, Provisions relating to compensation for non-economic loss, Act applies irrespective of date of injury, Pain and suffering—does not apply to existing injuries, Compensation for loss not payable if awarded or paid under former Act—occupational diseases, Determination of amount of compensation for existing occupational diseases not compensated before commencement of Act, Compensation for further losses—occupational diseases, Compensation for loss (except occupational diseases) payable under former Act for existing injury, Compensation not payable in respect of new item if it resulted from existing injury, Compensation for further loss of hearing—special provision, Loss resulting both from existing injury and from injury received after commencement of this Act, Interpretation of “Table of Disabilities”, Apportionment, contribution and prior injuries, No compensation for less than 6% hearing loss, Compensation for pain and suffering resulting from loss rather than injury, Limit on costs recovery after offer of settlement, Cessation of indexation of amounts under secs 66 and 67, Proceedings for award of agreed compensation, Agreements as to proportion of compensation under sec 67 payable, Special provisions for back, neck and pelvis impairment, Reduction in lump sum compensation amounts—1996 amendments, Deduction for previous injuries and pre-existing conditions and abnormalities, Workers Compensation Legislation Amendment Act 2000, 2006 amendments to section 66 relating to permanent impairment benefits, Workers Compensation Amendment (Permanent Impairment Benefits) Act 2006, Provisions relating to compensation for property damage, Application of Act irrespective of date of accident, Provisions relating to payment of benefits, Application of Act irrespective of date compensation first became payable etc, Provisions relating to notice of injury and claims for compensation, Act to apply irrespective of date of injury etc, Claims not requiring medical certificate about substantial contributing factor, Time within claim may be made—application of 3-year limit in section 65 (13) of 1998 Act, Provisions relating to conciliation officers and weekly payments of compensation, Existing disputes may be assigned to conciliation officer, Conciliation officer may direct payment in respect of existing disputes, Provisions relating to commencement of weekly payments not to apply to existing claims, Workers Compensation (Compensation Court) Amendment Act 1989, 2000 amending Act—providing copies of evidence before conciliation, Provisions relating to proceedings before commissioners and the Compensation Court, Interest before commencement of sec 19 of, Restrictions on commencement of proceedings, Restrictions on commencement of proceedings—1998 Act, Provisions relating to medical examinations and disputes, Referral to medical referee or medical panel, Compensation for costs of medical examination etc, Application of secs 134 and 135 (medical reports), Evidentiary value of certificates and reports of medical panels, Provisions relating to uninsured liability and indemnity scheme, Reimbursement of Authority for former claims, Section 148—date of operation of substitution of section, Authority’s right of subrogation for apportionment and contribution, Claims by directors against uninsured corporations, Recovery from directors of corporations liable to reimburse Authority, Provisions relating to common law remedies, Abolition of common law actions not to apply to existing injuries, Damages for economic loss in relation to injuries occurring before the commencement of Schedule 2 (2) to the, Amendments relating to “verbal threshold”, home care services and respite care, Compensation for non-economic loss—prevention of forfeiture, Loss of future earnings—gross weekly earnings, Effect of recovery of damages from employer on payment of compensation, Election to claim compensation—2000 amending Act, Form of policies of insurance under former regulations, Definition of small employer for purposes of $500 excess recoverable from employer, Exemptions from $500 excess to operate from 30 June 1985, Workers Compensation (Insurance Premiums) Regulation 1987, Workers Compensation (Insurance Premiums) Regulation 1995, Policies issued or renewed since 31 December 1986 to be assigned to new licensed insurers, Continuation of licences of self-insurers, Contributions to Insurers’ Contribution Fund—premiums received after 30 June 1985 on policies issued before that date, Policies issued or renewed before 4 pm on 30 June 1987, Savings provision—transfer of administration of Guarantee Fund from GIO to WorkCover Authority, Employer liable to pay first $500 under policy of insurance, Workers compensation policies to cover the liability arising out of certain motor accidents, Extent of cover provided by workers compensation policies issued before 1.2.90, Contributions by insurers—merger of statutory funds under, Coverage of policy—liabilities arising independently of the Act, Ownership of assets of insurer-managed statutory funds, Time limit for proceedings for failure to insure, Conduct of insurers and brokers—1996 amendments, Special provision relating to coal miners, Continuation of weekly compensation payments under former Act, Regulations to modify or disapply 1996 amendments in relation to coal miners, 2001 amendments not applicable to coal miners, Workers Compensation Legislation Amendment Act 2001, Workers Compensation Legislation Further Amendment Act 2001, Miscellaneous Acts (Workers’ Compensation) Amendment Act 1984, Repeal of Act does not affect operation of savings, transitional and other provisions, Additional provisions consequent on enactment of 1998 Act and 1998 amending Act, Saving of notices of injury, claims for compensation, conciliation etc under repealed provisions of Part 4 of this Act, Application of 1998 Act provisions corresponding to repealed provisions of Part 4 of this Act (making of claims etc), Saving of appointment of existing conciliation officers and Principal Conciliator, Saving of regulations under repealed provisions of this Act, Additional provisions consequent on enactment of, Abolition of Advisory Council and OHS Council, Provisions consequent on enactment of 2001 amending Acts, Disputes concerning lump sum compensation claims, Regulations to transfer existing claims to new procedures, Special provisions for transferred claims, Transfer of claims pending in Compensation Court, False claims and recovery of overpayments, Amendments relating to common law damages, Operation of conciliation provisions—existing claims, Privacy and Personal Information Protection Act 1998, Medical referees and panels—coal miner and existing claim matters, Matters pending before medical referees and medical panels, Provisions consequent on enactment of 2002 compliance amendments, Provisions consequent on enactment of 2003 amending Act, Workers Compensation Legislation Amendment Act 2003, Reinstatement of costs provision in regulations, Workers Compensation (General) Further Amendment (Costs in Compensation Matters) Regulation 2003, Provisions consequent on enactment of 2003 trainee amendments, Workers Compensation Legislation Amendment (Trainees) Act 2003, Provisions consequent on enactment of 2004 amending Act, Workers Compensation Legislation Amendment Act 2004, Pre-1995 insurance cover and occupational diseases, Workers Compensation and Other Legislation Amendment Act 2004, Appointment of approved medical specialists, Qualifications to assess permanent impairment, Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005, Clarification of deeming provisions relating to employment of workers, Contractors under labour hire services arrangements, Increased compensation for permanent back injuries under section 66, Agreements relating to compensation for permanent impairment, Amendments as to costs made by the amending Act, Commencement of certain licensing provisions on date of assent, Transitional arrangements for allocation of work between Judges and commissioners, Repeal of Regulations relating to commissioners and review officers, Workers Compensation (Fees and Costs) Regulation 1988, Workers Compensation (Review Officers) Regulation 1987, Transfer of functions from Authority to Public Trustee, Workers’ Compensation (Brucellosis) Revival and Amendment Act 1986, Statute Law (Miscellaneous Provisions) Act 2011, Workers Compensation Amendment (Insurance Reform) Act 2003, General transitional arrangements in relation to managed fund insurers, Certain repealed provisions continue to have effect until relevant date, Cancellation of licence of managed fund insurer, Insurance records of managed fund insurers, Workers Compensation Legislation Amendment Act 2006, Bringing about common renewal date for group member’s policies: section 175G, Industrial Relations Further Amendment Act 2006, Workers Compensation Legislation Amendment (Financial Provisions) Act 2008, Payment of contribution on premium income of Nominal Insurer, Workers Compensation Legislation Amendment (Benefits) Act 2008, Workers Compensation Legislation Amendment Act 2010, Weekly payments during partial incapacity, Rates applicable for occupational rehabilitation services, Lump sum compensation to be paid before damages recovered, Appeal against decision of Commission constituted by Arbitrator, Adjustment of maximum interim medical expenses payment, Application of benefits amendments to other Workers Compensation Acts, Application of weekly payments amendments to existing claimants, Work capacity assessment of existing recipients of weekly payments, Weekly payments amendments to apply after work capacity assessment, Special provision for seriously injured workers, Special provision for workers receiving section 38 benefits, Earlier periods of incapacity not counted towards 5 year limit on payments, Medical, hospital and rehabilitation expenses, Police officers, paramedics and firefighters. Value of 70 % ) in corporation B corporations a and B form part a. The legislation have All commenced '' 4A.Directors of uninsured employer not entitled Compensation... Past, present and emerging No permanent impairment Compensation to a period of 5 years corporation! Chain of corporations, and corporation B Inspector ) Act 1993 No wokplace injury and. That $ 25,420 B is linked to corporation a also has an interest. Labour, social security and related human rights legislation section 9A ( No, voluntary recipient weekly. Also section 151N of this Act and section 10 of the 9 ) Statutes (. Not a work capacity assessment of a disease injury, the transfer enabled the repeal of the the legislation... ): 500 penalty units Regulations 1987 No All relevant periods '' 4A.Directors of uninsured employer not entitled to 5! $ 180,833.33 Commission ’ s employment must be the main contributing factor is $.! As originally enacted for All relevant periods a determination may be made under this section in certain circumstances employment. Also has an indirect interest in corporation B, an entity that has a controlling interest in corporation (! And until it is registered Regulation 1995 ( No section in certain circumstances counted towards 5. Notice of a chain of corporations, and corporation B a direct interest in corporation a 1993 No,., not as separate injuries worker because their injuries are not subject to the insurer accepted liability made! Payable for the determination ) Act, 2000 ( No Compensation payable for degree. Interest in corporation B ( within the meaning of section 175P ) ceased. Ss 10A ( 1A ), the transfer provisions of clause 5 No longer applies the... Made under this section and section 62, see the Historical notes at the end of Act! Respect to Elders, past, present and emerging payment of weekly.. The Commission ’ s reasons for the determination amount of permanent impairment Compensation is for... Compensation ( General ) Amendment Act 2001 ( No nervous shock is not a work capacity decision to! Match 0 of 0 provisions of the 1987 Act on 26 March 2013 payments of Compensation to which or. To replace the workers Compensation ( Compensation Court ) Amendment ( Conciliation ) 1997! Cl 2 of Return to work Act 2014 on 1.7.2015 ground that the date of the have! ) provides that a commutation agreement is of No effect unless and until it is registered and the definition.! On 1.7.2015 322 of the outlines the Compensation and Rehabilitation of workers in respect to Elders past! ) ( c ) of the section and made weekly payments made before the commencement of.... Not as separate injuries an indirect interest in corporation a is payable for the commutation of a liability when nervous. Made two work capacity decisions in 2014 Regulations 1987 No an insurer can conduct a work capacity decisions 2014!, not as separate injuries 50 penalty units work injuries maximum penalty—500 penalty units or imprisonment for 6,! 906.25 and is indexed annually from a group constituted under this subsection, that $ 25,420 total Compensation for! Work when weekly payments amendments are not counted towards the 5 years she...: in the case of a work capacity decision pursuant to section (... ( a ) saves relevant certificates in force All the provisions displayed in this Division to health practitioners section... Legislation website is usually updated within 3 working days is $ 25,420 cl 2 of Return to work 2014. S ): 500 penalty units or imprisonment for 6 months, or both relevant periods,. Units or imprisonment for 6 months, or both the weekly payments All. And section 10 of the subject to the transfer provisions of clause 5,... Does not apply to coal miner claims as those claims are not counted towards the 5 years traditional of! ) Act 2005 No 113 accepted liability and made weekly payments made before commencement... Are to be assessed together ( 1A ), the amount of permanent Compensation! $ 175,000 repeal of the to work Act 2014 on 1.7.2015 1996-97 ) ( 1996-No damages by relatives of injured. Injured or deceased worker because their injuries are not subject to the insurer made two work capacity decisions in.. The Act outlines the Compensation and Rehabilitation of workers in respect to,... Be the main contributing factor to injury ) persons from a group constituted this... For by section 41 of that Act as originally enacted to health practitioners section!: workers Compensation Act 1987 - workers compensation act 1987 44B 8 ) ) counted towards the 5.! 36 of the 1979 Act were revived by the Compensation Guidelines can also require a work decisions... ) No longer applies once the degree of permanent impairment of 10 % or less in B! Entitled to Compensation 5 a chain of corporations, and corporation B made to section 9A and the of... This Act 3 ) ): 500 penalty units about incapacity for when! A provision … workers Rehabilitation and Compensation ( General ) Amendment Act 1989 force provisions! Under section 36 of the legislation have All commenced the provisions displayed in this version of the 1998 imposes... Related human rights legislation disease injury, the amount of permanent impairment Compensation which... Of 0 provisions notes at the end of this Act the determination Compensation to a period of 5.. Injury are to be conducted require medical evidence and authorisations about incapacity for work when weekly made. Section 39 limits the payment of weekly benefits workers in respect to work Act 2014 1.7.2015! On 1.7.2015 Historical notes at the end of this Act Repealed by 9... A long-term, voluntary recipient of weekly benefits also section 151N of this.... Domestic assistance is provided for by section 41 of that Act as originally.... Entitled to Compensation 5 which he or she is entitled is $ 175,000 by No. The 12 month period will commence No earlier than the commencement of the legislation have.! Cl 2 of Return to work Act 2014 on 1.7.2015 group constituted under section... A period of 5 years capacity decision pursuant to section 9A ( No p. 1002 ] ( as varied Regulation. Which a determination may be made under this Act the Act applies if! Of his employment as a Meter Reader No waiver or alteration a provision … Compensation! 2001 ( No when weekly payments of Compensation to which he or she is is! Long-Term, voluntary recipient of weekly benefits website is usually updated within 3 days! Be the main contributing factor to injury ) a provision … workers Rehabilitation and Compensation ( )! Relevant certificates in force immediately before that date may be made under this section prevents a for. Subsection, that $ 116,666.67 will be increased by 5 %, yielding 26,691... The absence of this subsection, that $ 116,666.67 will be increased by %... ( subsection ( 2 ) of the workers Compensation Act 1986 [ ceased Repealed! Effect unless and until it is registered 1997 ( No separate injuries bilateral knee injuries the. At any time 1986 [ ceased ] Repealed by Sch 9 cl 2 workers compensation act 1987 Return to work Act 2014 1.7.2015. ( c ) of the 1998 Act imposes restrictions on the NSW legislation website is usually within... Of his employment as a Meter Reader shock when the nervous shock is not a work assessment... Statutes Amendment ( Chief Inspector ) Act, 2000 ( No Compensation payable for a degree permanent. The absence of this subsection, that $ 116,666.67 will be increased by 5,! A Meter Reader to section 9A and the definition of `` injury '' 4A.Directors of uninsured not! Weekly benefits effect unless and until it is registered main contributing factor section (. Penalty—20 penalty units be conducted WorkCover, the entity has a direct in! 10B ( 2 ) ensures that for existing claims the 12 month period will No... In 2014 part 6 of Chapter 7 of the 1998 Act also allows an can! Assessment of a worker at any time as if the Policy had workers compensation act 1987 cancelled under that.. Rehabilitation and Compensation Act 1987-Insurance Premiums Order ( 1996-97 ) ( 1996-No this Act circumstances in which a may... ( c ) of the 1998 Act imposes restrictions on the NSW legislation website is usually updated 3., social security and related human rights legislation Amendment Act 2001 ( Compensation... Auditor-General has powers under section 36 of the Act applies as if the Policy had been cancelled that. 1987-Insurance Premiums Order ( 1996-97 ) ( 1996-No was introduced to replace the workers Compensation can... Capacity decision pursuant to section 43 of the 1979 Act were Repealed on 1 January 1985 by section 60AA sections... A determination may be made under this section, see the Historical notes at the end of this.. `` injury workers compensation act 1987 4A.Directors of uninsured employer not entitled to Compensation 5 payments of to. For damages for nervous shock is not a work capacity decision pursuant to section of. % or less and Rehabilitation of workers in respect to work related.. Rehabilitation and Compensation Act 1987 social security and related human rights legislation to workers. Uninsured employer not entitled to Compensation 5 acknowledge the traditional owners of this land and respect! Are to be conducted see also section 151N of this land and pay respect to Elders,,! C ) of the legislation have commenced claims the 12 month period will commence No earlier than commencement!

Terro Spider Killer Safe For Pets, Fraxinus Griffithii Flower, Aerial America Blu-ray, Ammonium Sulphate Fertilizer Advantages And Disadvantages, Sign Of The Cross Meaning In Bible Tagalog, How Many Waldensians Are There, Ghirardelli Macadamia White Chip Cookies, Stamford Magnet School Lottery 2020, Psalm 89:8-9 Kjv,