This legislation has been repealed.
- Made under the Workers Compensation Act 1987 - As at 22 August 2003 - Reg 540 of 1995 TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 3A. Notes 4. Forms PART 2 - WORK RELATED DISEASES 5. Diseases deemed work related 6. Brucellosis, Q fever and leptospirosis--medical tests and results to determine whether work related PART 3 - FUNERAL EXPENSES 7. Sec 27 (b): maximum amount for funeral expenses PART 4 - CURRENT WEEKLY WAGE RATE 8. Definitions 9. Sec 42 (1) (c), (5) (b): prescribed classes of workers by Ministerial order 10. Sec 42 (1) (c), (5) (b): prescribed classes of workers etc--shearers 11. Sec 42 (1) (c), (5) (b): prescribed classes of workers etc--certain meat industry workers 12. Sec 42 (1) (d): prescribed rate PART 5 - INDEXATION OF AMOUNTS OF BENEFITS 13. Sec 79: definition of "latest index number" PART 6 - WEEKLY COMPENSATION 14. Notice of requirement to obtain suitable employment from other person 15. Notice of intention to discontinue or reduce weekly payments PART 7 - TREATMENT IN A HOSPITAL OTHER THAN A PUBLIC HOSPITAL 16. Definitions 17. Sec 62 (1)--prescribed rates PART 8 - TREATMENT IN A PUBLIC HOSPITAL 18. Definitions 19. Sec 62 (1)--prescribed rates PART 9 - MOTOR VEHICLE TRAVEL ASSOCIATED WITH TREATMENT OR SERVICE 20. Sec 64 (b): prescribed rate applicable for travel associated with treatment or service PART 10 - OCCUPATIONAL REHABILITATION SERVICES 21. Definition 22. Occupational rehabilitation service--additional services 23. Occupational rehabilitation services--maximum amount for which employer liable 24. Directions to employers under sec 63A (4)--insurers authorised 25. Applications under sec 63A--generally 26. Applications under sec 63A (4)--services provided by more than one provider etc 27. Directions by insurers--special provisions 28. Conditions etc--directions under sec 63A (4) 29. Review by the Authority 30. Revocation by Authority of direction under sec 63A (4) 31. Submissions to Authority 32. Payment under direction by Authority not admission of liability 33. Claims under Uninsured Liability and Indemnity Scheme 34. Application of Part to self-insurers 35. Application of Part to proceedings pending in Compensation Court or Commission 36. (Repealed) 37. Authority not prevented from giving opinion on rehabilitation liability PART 11 - NOTICES AND CLAIMS PROCEDURE 38. Notice of injury involving loss of hearing 39, 40. (Repealed) 40A. Notice of dispute about liability 41. Form of notice to be posted up at workplace 42. Form of register of injuries to be kept at mine etc 42A. Access to certain reports obtained by insurer: sec 73 of 1998 Act 42B. Interim payment direction not presumed to be warranted: sec 297 of 1998 Act PART 12 - MEDICAL EXAMINATIONS AND DISPUTES 43. Medical examination of worker at direction of employer 43A. Access to medical opinion or report obtained by employer: sec 119 of 1998 Act 44. Application to refer matter to medical referee or panel etc PART 13 - (Repealed) PART 13A - RESTRICTIONS ON OBTAINING MEDICAL REPORTS 51E. Definitions 51F. Restrictions on number of medical reports that can be admitted 51G. Permissible updates of medical reports 51H. Restrictions on recovery of cost of medical reports 51I. Medical treatment not affected 51J. Reports of medical panels and referees not affected 51K. Transitional PART 14 - INSURANCE POLICIES 52. Provisions of policies of insurance 53. Trainees under Australian Traineeship System 54. Prescriptions for purposes of $500 excess recoverable from employer 54A. Amnesty for insurance contraventions 54B. Information to be provided for certificate of currency 54C. Liability for subcontractor premiums--exemption for farming operations PART 15 - INSURERS' CONTRIBUTION FUND 55. Definition of "financial year" 56. Definition of "premium income" 57. Prescribed contribution payable by insurer 58. Time for payment of insurer's contribution PART 16 - WORKCOVER AUTHORITY FUND 59. Definitions 60. Definition of "premium income" for purposes of insurers' contributions 61. Definition of "deemed premium income" for purposes of self-insurers' contributions 62. Alternative contribution by self-insurers PART 17 - DEEMED EMPLOYMENT 63. Ministers of religion PART 18 - PREMIUMS ADJUSTMENT FUND 64. Definitions of "financial year" and "Fund" 65. Definition of "premium income" 66. Amount of contribution payable by insurer into Fund 67. Time for payment of contribution by insurer into Fund PART 19 - INSURERS' GUARANTEE FUND 68. Definitions 69. Financial years for contributions to Insurers' Guarantee Fund 70. Time etc for payment of insurer's contribution 71. Further contributions payable by insurers 72. Rebates for insurers who contributed to an advance from the Premiums Adjustment Fund 73. Determination of contributions and further contributions PART 19A - PENALTY NOTICE OFFENCES 73A. Penalty notice offences 73B. Short descriptions PART 19B - ADVERTISING OF WORKERS COMPENSATION SERVICES Note 73C. Definitions 73D. Restriction on advertising work injury services 73E. Exception for advertising specialty 73F. Other exceptions 73G. Responsibility for employees and others 73GA. Double jeopardy 73GB. Transitional--finalised publications PART 19C - SAVINGS AND TRANSITIONAL PROVISIONS 73H. Application of Chapter 4 of 1998 Act 73I. Restrictions on commencing court proceedings 73J. Submission of methodology for calculating risk premium 73K. Time for making claim 73L. Continuation of OHS Council 73M. Contributions to WorkCover Authority Fund 73N. Reduction of maximum section 38 benefits period 73O. Election of damages or compensation 73P. Saving in connection with amendment to section 51 of the 1987 Act 73Q. Application of amendment to section 52 of the 1987 Act 73R. Application of amendments to definition of "wages" PART 20 - MISCELLANEOUS 74. Amendment relating to 18 month limit for common law claims--transitional provision 75. Additional records to be kept by employers 76. Interest on compensation for loss of hearing in some cases 77. Uninsured Liability and Indemnity Scheme--modification of provisions of the Act 78. Repeal of 1987 Regulation 79. Application of sections 52A and 52B to cases of late claims and early disputes 81. Exemptions for coal miners--1996 amendments 82. Costs of medical assessment: sec 330 of 1998 Act 83. Arrangement of business before Commission: sec 349 of 1998 Act 84. Proceedings to enter up award on agreement for compensation: sec 66B of 1987 Act PART 21 - PROVISIONS CONSEQUENT ON ENACTMENT OF 2001 AMENDING ACTS Division 1 - Preliminary 85. Definitions Division 2 - Cessation of conciliation 86. Cessation of conciliation 87. Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments) 88. Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation) 89. Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses) 90. Modification of sec 74 of 1998 Act (Insurers to give notice and reasons when liability disputed) 91. Modification of sec 121 of 1998 Act (Assessment of medical disputes by approved medical specialists) Division 3 - Medical assessment of new claims in respect of pre-commencement injuries 92. Assessment of impairment dispute Division 4 - Transfer of existing claims 93. Transfer of existing claims 93A. Transfer of existing claims by election of worker 93B. Continuing jurisdiction of Compensation Court 94. Transitional provision--certificates 94A. Modification of sec 281 of 1998 Act 94B. Modification of sec 282 of 1998 Act Division 5 - Miscellaneous 95. Uninsured Liability and Indemnity Scheme 96. Repeal of private insurance arrangements 97. Appointment of mediators PART 22 - PROVISIONS FOR COAL MINERS CONSEQUENT ON ENACTMENT OF 2001 AMENDING ACTS 98. Definitions 99. Compensation Court conciliators 100. Conciliation 101. Modification of section 101 of 1998 Act (Restrictions on commencing court proceedings about weekly payments) 102. Modification of section 102 of 1998 Act (Restrictions on commencing court proceedings for lump sum compensation) 103. Modification of section 103 of 1998 Act (Restrictions on commencing court proceedings about medical, hospital and other expenses) 104. Application of amendments made by Workers Compensation (General) Amendment (Savings, Transitional and Other Matters) Regulation 2001 PART 23 - COSTS Division 1 - Preliminary 105. Definition 106. Costs not regulated by this Part Division 2 - Costs recoverable in compensation matters Subdivision 1 - Preliminary 107. Application of Division Subdivision 2 - Maximum costs recoverable by legal practitioners and agents in compensation matters 108. Fixing of maximum costs recoverable by legal practitioners and agents 108A. Special provisions for costs where worker elects to transfer claim to Commission Division 3 - Costs recoverable in work injury damages matters Subdivision 1 - Maximum costs recoverable by legal practitioners in work injury damages matters 109. Application of Division 110. Fixing of maximum costs recoverable by legal practitioners 111. Contracting out--practitioner/client costs Subdivision 2 - Restriction on awarding of costs Note 112. Costs where claimant no less successful than claimant's final offer 113. Costs where claimant less successful than insurer's final offer or insurer found not liable 114. Costs in other cases 115. Deemed offer where insurer denies liability and no mediation 116. Subdivision does not apply to ancillary proceedings 117. Multiple parties Division 4 - Assessment of costs Subdivision 1 - Preliminary 118. Definitions 119. Applications by clients 120. Applications by instructing practitioners or agents for assessment of costs in bills 121. Application for assessment of costs by legal practitioner or agent giving bill 122. Application for assessment of party/party costs 123. How is an application to be made? 124. Persons to be notified of application 125. Registrar may require documents or further particulars 126. Consideration of applications 127. Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court Subdivision 2 - Assessment of bills of costs between practitioner or agent and client 128. Assessment of bills generally 129. Additional matters to be considered in assessing bills of costs 130. Costs agreements not subject to assessment 131. Unjust costs agreements 132. Interest on amount outstanding Subdivision 3 - Assessment of party/party costs 133. Assessment of costs--costs ordered by court or Commission 134. Additional matters to be considered by Registrars in assessing costs ordered by court or Commission 135. Effect of costs agreements in assessments of party/party costs 136. Court or Commission may specify amount etc Subdivision 4 - Enforcement of assessment 137. Certificate as to determination 138. Reasons for determination 139. Recovery of costs of costs assessment 140. Correction of error in determination 141. Determination to be final Subdivision 5 - Appeals 142. Appeal against decision of Registrar as to matter of law 143. Effect of appeal on application Subdivision 6 - Miscellaneous 144. Liability of legal practitioner or agent for costs in certain cases 145. Referral of misconduct to Legal Services Commissioner Division 5 - Goods and services tax 146. GST may be added to costs Division 6 - Miscellaneous 147. Modifications to Legal Profession Act 1987 relating to assessment of costs 148. Transitional provisions 149. Special provision for matters involving coal miners SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7