S. 82(2A) inserted by No. 67/1992 s. 11(2), substituted by No. 9/2010 s. 12. (2A) There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury caused wholly or predominantly by any one or more of the following— (a) management action taken on reasonable grounds and in a reasonable manner by or on behalf of the worker's employer; or (b) a decision of the worker's employer, on reasonable grounds, to take, or not to take any management action; or (c) any expectation by the worker that any management action would, or would not, be taken or a decision made to take, or not to take, any management action; or (d) an application under section 81B of the Local Government Act 1989, or proceedings as a result of that application, in relation to the conduct of a worker who is a Councillor within the meaning of section 14AA. S. 82(2B) inserted by No. 95/2003 s. 3(5), amended by No. 9/2010 s. 13(1). (2B) There is no entitlement to compensation in respect of a heart attack injury or stroke injury that arises in the course of, or that was caused by, a disease, unless the worker's employment was a significant contributing factor to the injury or to the disease. S. 82(2C) inserted by No. 95/2003 s. 3(5), amended by No. 9/2010 s. 13(1). (2C) There is no entitlement to compensation in respect of the following injuries unless the worker's employment was a significant contributing factor to the injury— (a) a heart attack injury or stroke injury to which subsection (2B) does not apply; (b) a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment);
(c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any preexisting injury or disease. Note Sections 82(2B) and 82(2C) only apply to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 262. S. 82(3) substituted by No. 64/1989 s. 9(1), amended by No. 9/2010 s. 13(2). (3) If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted, there is no entitlement to compensation in respect of that injury. S. 82(4) amended by No. 64/1989 s. 9(2), substituted by No. 9/2010 s. 13(3), amended by No. 49/2014 s. 49. (4) Subject to sections 82A, 82B, 82BA and 82C, if it is proved that an injury to a worker is attributable to the worker's serious and wilful misconduct (including, but not limited to, being under the influence of intoxicating liquor or a drug or both), there is no entitlement to compensation in respect of that injury. S. 82(4A) inserted by No. 83/1987 s. 36, amended by Nos 64/1989 s. 37(1)(b), 94/2003 s. 40, 93/2009 s. 49(5), repealed by No. 9/2010 s. 13(3). * * * * * S. 82(5) amended by No. 9/2010 s. 13(4). (5) Subsection (4) shall not apply if the injury results in death or severe injury.
subsection (8) applies. S. 82(8) inserted by No. 107/1997 s. 23. (8) If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this Act. S. 82(9) inserted by No. 107/1997 s. 23. (9) If this section operates to prevent a worker or the worker's dependants recovering compensation in respect of an injury, the worker or the worker's dependants cannot rely on this section to claim to be entitled to take any other action or proceedings in respect of the injury whether under this Act or otherwise. S. 82(10) inserted by No. 9/2010 s. 14. (10) In this section— management action, in relation to a worker, includes, but is not limited to, any one or more of the following— (a) appraisal of the worker's performance; (b) counselling of the worker; (c) suspension or stand-down of the worker's employment; (d) disciplinary action taken in respect of the worker's employment; (e) transfer of the worker's employment; (f) demotion, redeployment or retrenchment of the worker; (g) dismissal of the worker; (h) promotion of the worker; (i) reclassification of the worker's employment position; (j) provision of leave of absence to the worker;
the same date are to be assessed together using the combination tables in the A.M.A Guides; (b) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury; S. 91(7)(c) amended by No. 95/2003 s. 8(3)(a). (c) impairments from unrelated injuries or causes are to be disregarded in making an assessment; S. 91(7)(d) inserted by No. 95/2003 s. 8(3)(b), amended by No. 60/2007 s. 25(4). (d) assessments are to specify the whole person values for each chapter of the A.M.A Guides used in the assessment. Note Paragraph (d) only applies in respect of assessments for injuries that occur on or after the date of commencement of section 8 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 264(2). S. 91(7AA) inserted by No. 9/2010 s. 53. (7AA) For the purposes of section 98C(2A)(a)(ii) and (iii), assessments of spinal impairment are to specify the whole person values derived in accordance with section 3.3 of Chapter 3 of the A.M.A. Guides. S. 91(7A) inserted by No. 26/2000 s. 13(3), amended by No. 82/2001 s. 5. (7A) For the purposes of Subdivision 1 of Division 3A and of section 134AB— (a) if a worker presents for assessment in relation to injuries which occurred on different dates, the impairments are to be assessed chronologically by date of injury; and (b) impairments from unrelated injuries or causes are to be disregarded in making an assessment.
S. 93 substituted by No. 64/1989 s. 10. 93 Compensation in weekly payments If a worker's incapacity for work results from, or is materially contributed to by, an injury which entitles the worker to compensation, the compensation shall be in the form of weekly payments subject to and in accordance with this Part. S. 93A inserted by No. 64/1989 s. 10, substituted by No. 67/1992 s. 15, amended by Nos 50/1993 ss 78(1)(d), 91(a)(b), 50/1994 s. 38(1), 7/1996 s. 49(a), 81/1998 s. 23(b), 102/2004 s. 38(1)(l), substituted by No. 9/2010 s. 31. 93A Weekly payments in first entitlement period (1) In relation to a claim for compensation in the form of weekly payments made by a pre12 November 1997 claimant, the worker is entitled, subject to and in accordance with this Part and Part VIIB, while incapacitated for work during the first entitlement period, to weekly payments— S. 93A(1)(a) amended by No. 67/2013 s. 630(1)(b). (a) if the worker has no current work capacity and no current weekly earnings, at the rate of— (i) 95 per cent of the worker's pre-injury average weekly earnings; or S. 93A(1)(a)(ii) amended by Nos 80/2010 s. 82(n), 67/2013 s. 632(n). (ii) $1210— whichever is the lesser; S. 93A(1)(b) amended by No. 67/2013 s. 630(1)(c). (b) if the worker has a current work capacity or has no current work capacity but has current weekly earnings, at the rate of—
S. 93F inserted by No. 64/1989 s. 10, amended by No. 41/2006 s. 15(2). 93F Compensation after retirement Subject to sections 93E and 93EA, a worker is not entitled to weekly payments under this Part after attaining retirement age. Ss 94, 95 substituted by No. 64/1989 s. 10, repealed by No. 67/1992 s. 16(1). * * * * * S. 96 (Heading) inserted by No. 9/2010 s. 40(1). S. 96 substituted by Nos 64/1989 s. 10, 67/1992 s. 17(1). 96 Effect of disability or other pensions and lump sums on weekly payments S. 96(1) substituted by Nos 7/1996 s. 17(1), 60/1996 s. 13(1). (1) The amount of any weekly payment payable to a worker under this Part must be reduced by the weekly amount of— S. 96(1)(a) amended by No. 9/2010 s. 40(2)(a). (a) any retirement or superannuation pension received by the worker; and S. 96(1))(b) repealed by No. 9/2010 s. 40(2)(b). * * * * * which relates to the worker's retirement from, or the cessation or termination of, the employment out of, or in the course of which, or due to the nature of which, the injury arose.
S. 98C(2) amended by No. 26/2000 s. 15(1), substituted by No. 95/2003 s. 8(1), amended by No. 102/2004 ss 18(1), 38(1)(q)–(y), substituted by No. 9/2010 s. 54(2) (as amended by No. 80/2010 s. 159(j)), amended by No. 80/2010 s. 90(2)(a). (2) The amount of the non-economic loss in respect of permanent impairment (other than psychiatric impairment and industrial deafness in respect of a further injury) is to be calculated as at the relevant date as follows— (a) if the worker's impairment benefit rating is less than 10%—the amount of the loss is zero; (b) subject to section 265, if the worker's impairment benefit rating— S. 98C(2)(b)(i) amended by Nos 80/2010 s. 82(x), 67/2013 s. 632(y). (i) is a modified whole person impairment (within the meaning of subsection (2A)(a)(i)) and is not less than 10% and less than 11%—the amount of the non-economic loss is to be determined in accordance with the formula— $11 670 + [(D – 10) $9940]; S. 98C(2)(b)(ii) amended by Nos 80/2010 s. 82(x), 67/2013 s. 632(y). (ii) is a modified spinal impairment (within the meaning of subsection (2A)(a)(ii)) and is not less than 10% and less than 11%—the amount of the non-economic loss is to be determined in accordance with the formula— {$11 670 + [(D – 10) $9940]} 1·1; (c) if the worker's impairment benefit rating— S. 98C(2)(c)(i) amended by Nos 80/2010 s. 82(y), 67/2013 s. 632(z). (i) is not less than 10% and not more than 30% and paragraph (b) does not apply to the worker—the amount of the loss is to be determined in accordance with the formula—
$18 810 + [(D – 10) $2830]; (ii) is a spinal impairment (within the meaning of subsection (2A)(a)(ii) or (iii)) and is not less than 10% and less than 30% and paragraph (b) does not apply to the worker—the amount of the non-economic loss is— S. 98C(2) (c)(ii)(A) amended by Nos 80/2010 s. 82(z), 67/2013 s. 632(za). (A) the amount determined in accordance with the formula— {$18 810 + [(D – 10) $2830]} 1·1; or S. 98C(2) (c)(ii)(B) amended by Nos 80/2010 s. 60(1), 67/2013 s. 632(za). (B) the amount determined in accordance with the formula $18 810 + [20 × $2830]— whichever is the lesser; S. 98C(2)(d) amended by Nos 80/2010 s. 82(za), 67/2013 s. 632(zb). (d) if the worker's impairment benefit rating is more than 30% and not more than 70%—the amount of the non-economic loss is to be determined in accordance with the formula— $75 260 + [(D – 30) $4700]; (e) if the worker's impairment benefit rating is more than 70% and not more than 80%—the amount of the non-economic loss is— S. 98C(2)(e)(i) amended by Nos 80/2010 s. 82(zb), 67/2013 s. 632(zc). (i) the amount determined in accordance with the formula— $262 070 + [(D – 70) $29 330]; or
(iv) the worker's degree of impairment— whichever provides the worker with the higher amount for non-economic loss under subsection (2); (b) in any other case, the worker's degree of impairment. Note Subsections (2)(b) and (2A)(a)(i) and (ii) do not apply with respect to injuries that occurred before the date of commencement of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 265. S. 98C(3) amended by No. 26/2000 s. 15(2), substituted by No. 95/2003 s. 8(1), amended by No. 80/2010 s. 90(2)(c). (3) The amount of the non-economic loss in respect of permanent psychiatric impairment is to be calculated as at the relevant date as follows— (a) if the worker's degree of impairment is less than 30%—the amount of the non-economic loss is zero; S. 98C(3)(b) amended by No. 102/2004 s. 38(2)(a)(b), substituted by No. 9/2010 s. 54(3), amended by Nos 80/2010 s. 82(zd), 67/2013 s. 632(ze). (b) if the worker's degree of impairment is 30%—the amount of the non-economic loss is to be determined, subject to subsection (3AA), in accordance with the formula— $18 810 + [(D – 10) $2830]; S. 98C(3)(c) amended by No. 102/2004 s. 38(2)(c)(d), substituted by No. 9/2010 s. 54(3), amended by Nos 80/2010 s. 82(ze), 67/2013 s. 632(zf). (c) if the worker's degree of impairment is more than 30% and not more than 70%—the amount of non-economic loss is the amount determined, subject to subsection (3AA), in accordance with the formula— $75 260 + [(D – 30) $4700];
severe injury means— (a) paraplegia; (b) quadriplegia; (c) amputation of a limb; (d) amputation of a hand or foot; (e) severe head injury; (f) severe eye injury; (g) separation of a worker's skin from an underlying tissue (such as de-gloving or scalping); (h) severe burns; (i) severe lacerations; (j) severe injuries arising out of an electric shock; (k) any other work related injury giving rise to an imminent risk of death; S. 99AAA(1) def. of supported amended by Nos 22/2012 s. 84, 67/2013 s. 630(6). supported accommodation means— (a) a residential facility in which residential care is provided under the Aged Care Act 1997 of the Commonwealth; (b) a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010; (c) a group home within the meaning of section 3(1) of the Disability Act 2006; (d) a group home or other residential facility approved by the Authority for the purposes of this section.
section and that are manifest and that have stabilised. S. 103(10) inserted by No. 82/2001 s. 16. (10) Subsection (9) only applies in respect of claims for compensation that are given, served or lodged after the commencement of section 16 of the Accident Compensation (Amendment) Act 2001. S. 103(11) inserted by No. 82/2001 s. 16. (11) Subsection (9) only applies in respect of injuries of the worker arising out of, or in the course of, or due to the nature of, the worker's employment with— S. 103(11)(a) amended by No. 9/2010 s. 19(2)(b). (a) the employer to, or on, whom the claim for compensation was given or served under section 103(4A); or S. 103(11)(b) amended by No. 9/2010 s. 19(2)(c). (b) the employer referred to in section 106 if the claim for compensation was lodged with the Authority; or S. 103(11)(c) amended by No. 9/2010 s. 19(2)(d). (c) the employer referred to in Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993 if the claim for compensation was lodged with the Authority. S. 103(12) inserted by No. 82/2001 s. 16. (12) Subsection (9) does not apply to a worker who, at the time the claim for compensation was given, served or lodged— (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder.
S. 103A inserted by No. 82/2001 s. 17. 103A Restriction on certain claims for compensation under sections 98 and 98A (1) If a worker makes a second or subsequent claim for compensation under section 98 or 98A, the worker is not entitled to compensation under that section in respect of an injury that would otherwise entitle the worker to compensation under this Act— (a) unless the injury was not manifest at the time the most recent previous claim was made; or (b) unless— (i) the injury had not stabilised at the time that the most recent previous claim was made; and (ii) that previous claim was accompanied by— (A) a written statement that identified the injury and that stated that the worker intended to claim compensation for the injury under section 98 or 98A after it had stabilised; and (B) a written medical report, dated not more than 3 months before the date that previous claim was given, served or lodged, that supported the existence of the injury and stated that the injury had not stabilised at the date of the report. (2) This section only applies in respect of second or subsequent claims for compensation that are made after the commencement of section 17 of the Accident Compensation (Amendment) Act 2001.
(3) This section does not apply to a worker who, at the time the claim for compensation was given, served or lodged— (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder. S. 104 substituted by Nos 50/1994 s. 50, 7/1996 s. 24(1). 104 Claims for compensation under sections 98 and 98A (1) In addition to the requirements under section 103, a claim for compensation under section 98 or 98A must be given, served or lodged with a copy of all the medical reports— (a) which the claimant intends to tender in any proceedings relating to the claim; or (b) the substance of which the claimant intends to adduce in evidence in support of the entitlement of the claimant to compensation or as evidence of the extent of any relevant loss, impairment, disfigurement or pain and suffering in any proceedings relating to the claim. S. 104(2) amended by Nos 107/1997 s. 35(1), 81/1998 s. 23(a). (2) The Authority or self-insurer must within 90 days of receiving the claim— (a) accept or reject the claim; and (b) advise the claimant of the decision; and (c) if the decision is to accept the claim, advise the claimant of its offer based on its determination of the worker's entitlement to compensation; and
S. 104B(1C) inserted by No. 26/2000 s. 16(1), amended by No. 41/2006 s. 19(1). (1C) If liability has been accepted or determined in respect of a prior claim for compensation for an injury, the Authority or a self-insurer may after the expiry of the period of 18 months after the date of the relevant injury and without a claim having been made under section 98C or 98E, request the worker to attend an independent examination under subsection (4). S. 104B(1CA) inserted by No. 41/2006 s. 19(2). (1CA) For the purposes of this section, a request under subsection (1C) has the effect of initiating a claim for compensation under section 98C or 98E in respect of the worker by the Authority or S. 104B(1D) inserted by No. 102/2004 s. 5(1), amended by No. 41/2006 s. 19(3)(a)(b). (1D) The Authority or self-insurer may within 90 days of receiving a claim made by the worker by notice in writing to the worker suspend the claim made by the worker if— (a) the Authority or self-insurer has insufficient medical information to determine the matters specified in subsection (2); or (b) the Authority or self-insurer can not make a determination under subsection (2) because the condition of the injury of the worker is not stable. S. 104B(1E) inserted by No. 102/2004 s. 5(1). (1E) The Authority or self-insurer must within 14 days— (a) if subsection (1D)(a) applies, of having sufficient medical information to determine the matters specified in subsection (2); or (b) if subsection (1D)(b) applies, of being able to make a determination under subsection (2) because the condition of the injury of the worker has stabilised— by notice in writing to the worker remove the suspension under subsection (1D).
S. 104B(4) amended by Nos 107/1997 s. 25(3), 81/1998 s. 23(a), substituted by No. 102/2004 s. 5(4). (4) The worker must at the request of the Authority or self-insurer attend an independent examination to be conducted by a medical practitioner referred to in section 91(1)(b) for the purposes this section. S. 104B(5) amended by Nos 26/2000 s. 16(2), 82/2001 s. 6(a), substituted by No. 102/2004 s. 5(5). (5) The Authority or self-insurer must obtain assessments in accordance with section 91 as to the degree of permanent impairment resulting from any injury for which liability is accepted or established for the purposes of— (a) determining any entitlement of the worker to compensation under section 98C; (b) determining the whole person impairment under sections 134AB(3) and 134AB(15); (c) Subdivision 1 of Division 3A. S. 104B(5A) inserted by No. 26/2000 s. 16(3), substituted by No. 102/2004 s. 5(6). (5A) A worker must include all injuries arising out of the same event or circumstance in a claim for compensation under section 98C. S. 104B(5AA) inserted by No. 102/2004 s. 5(6). (5AA) A worker can only make one claim for compensation under section 98C in respect of injuries arising out of the same event or circumstance. S. 104B(5AB) inserted by No. 41/2006 s. 19(7). (5AB) Subject to subsection (5D)(a), if a claim for compensation under section 98C or 98E has been initiated in respect of a worker by the Authority or self-insurer, the worker cannot make a claim for compensation under section 98C or 98E in respect of injuries arising out of the same event or circumstance.
S. 104B(5B) inserted by No. 26/2000 s. 16(3), substituted by No. 102/2004 s. 5(6). (5B) A determination of the degree of impairment must take into account all impairments resulting from the injuries entitling the worker to compensation included in the claim for compensation under section 98C. S. 104B(5C) inserted by No. 26/2000 s. 16(3), amended by No. 41/2006 s. 19(8). (5C) If the independent examination has been requested by the Authority or a self-insurer under subsection (1C), the Authority or self-insurer must give the worker a written statement of the injury or injuries to be included in the assessments and a statement of rights in a form approved by the Authority for the purposes of this section. S. 104B(5D) inserted by No. 26/2000 s. 16(3), amended by No. 41/2006 s. 19(9)(a). (5D) A worker must within 60 days of receiving a written statement under subsection (5C)— (a) make a claim for compensation under section 98C or 98E in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance; or S. 104B(5D)(b) amended by No. 41/2006 s. 19(9)(b). (b) advise the Authority or self-insurer that he or she disputes the statement; or S. 104B(5D)(c) inserted by No. 41/2006 s. 19(9)(c). (c) advise the Authority or self-insurer that he or she accepts the written statement of the injury or injuries. S. 104B(5DA) inserted by No. 41/2006 s. 19(10). (5DA) If after receiving a written statement under subsection (5C) the worker makes a claim for compensation under section 98C or 98E in respect of any additional injuries that the worker believes have arisen out of the same event or circumstance— (a) the claim by the worker and the claim initiated by the Authority or self-insurer are to be considered as one consolidated claim; and
(b) the consolidated claim is to be dealt with in accordance with subsection (2). S. 104B(5DB) inserted by No. 41/2006 s. 19(10). (5DB) If the worker advises the Authority or self-insurer that he or she disputes the written statement under subsection (5C), the worker must not commence proceedings in relation to the claim unless the worker first refers the dispute for conciliation by a Conciliation Officer in accordance with Division 2 of Part III and until the Conciliation Officer has issued a certificate under section 49. S. 104B(5E) inserted by No. 26/2000 s. 16(3), amended by Nos 102/2004 s. 5(7)(a), 41/2006 s. 19(11). (5E) If the worker does not make a claim or dispute the statement within the period specified under subsection (5D), the injury or injuries specified in the written statement are deemed to be the only injury or injuries arising from the same event or circumstance which are to be included in the determination of impairment to be dealt with in accordance with subsection (2). S. 104B(5F) inserted by No. 26/2000 s. 16(3), amended by No. 102/2004 s. 5(7)(b)(i)(ii). (5F) If the worker was not 18 years of age at the time of the event or circumstance, the determination of impairment resulting from the injury can not be made until the worker attains the age of 18 years. S. 104B(6) amended by Nos 81/1998 s. 23(a), 26/2000 ss 16(4)(a), s. 17(1), 82/2001 s. 20(1), substituted by No. 102/2004 s. 5(8), amended by No. 41/2006 s. 19(12). (6) The worker must within 60 days of being advised under subsection (2) in respect of a claim made by the worker advise the Authority or self-insurer in writing whether the worker accepts or disputes the decision as to liability in respect of each of the injuries claimed.
S. 114A(6) amended by Nos 107/1997 s. 30(11) (d)(f)(l), 9/2010 s. (6) If subsection (5)(b) applies and weekly payments are commenced, the entitlement to weekly payments in respect of any period after the expiry of the first entitlement period must be determined in accordance with section 93B. S. 114B inserted by No. 50/1994 s. 50. 114B Termination of weekly payments after expiry of entitlement period S. 114B(1) amended by Nos 7/1996 s. 16(4), 107/1997 s. 30(11)(m), 81/1998 s. 23(o), substituted by No. 41/2006 s. 21(1). (1) Weekly payments must not be terminated under section 114(9)— S. 114B(1)(a) amended by No. 9/2010 s. 33(3)(b)(i). (a) unless the Authority or self-insurer has made a determination of the worker's entitlement to weekly payments after the expiry of the second entitlement period; and (b) until the Authority or self-insurer has given at least 13 weeks notice under section 114 of the determination following the making of the determination. S. 114B(1A) inserted by No. 41/2006 s. 21(1), amended by No. 9/2010 s. 33(3)(b)(i). (1A) A determination under subsection (1) may be made before or after the expiry of the second entitlement period so as to terminate payments at or after the expiry of that entitlement period. S. 114B(2) amended by Nos 7/1996 s. 16(5), 107/1997 s. 30(11)(m), 9/2010 s. 33(3)(b)(i). (2) The notice is not invalid only because the date specified in the notice as the date on which the termination is to take effect is not a date immediately after the expiry of the second entitlement period but has effect on the date immediately after the completion of the second
S. 114D inserted by No. 50/1994 s. 50. 114D Payment of weekly payments S. 114D(1) amended by Nos 47/1996 s. 17(a), 81/1998 s. 23(p). (1) If a worker is entitled to weekly payments, the Authority unless the Authority determines otherwise, must make the payments to the worker's employer. S. 114D(2) amended by Nos 47/1996 s. 17(b), 81/1998 s. 23(q), 9/2010 s. 160, substituted by No. 67/2013 s. 635(5). (2) If— (a) an employer is notified by the Authority that a worker is entitled to weekly payments; or (b) a self-insurer determines that a worker is entitled to weekly payments— the employer or the self-insurer, as the case may be, must make weekly payments to the worker in accordance with subsection (1). Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 114D(2A) inserted by No. 67/2013 s. 635(5). (2A) A self-insurer— (a) to which a direction or determination under section 114C(1) to pay weekly payments applies, must commence payment within 7 days after the direction or determination is made; or (b) which accepts a claim under section 114C(3) to make weekly payments to a worker and there are any outstanding payments of weekly payments, must pay those outstanding weekly payments to the worker within 7 days after accepting the claim. Penalty: 300 penalty units.
S. 115I inserted by No. 82/2001 s. 3. 115I Continuation of existing claims (1) In this section relevant date has the same meaning as it has in section 115E(1). (2) This section applies if section 115H applies to a worker, but the worker does not withdraw his or her claim in accordance with that section. (3) Sections 115E(3), 115F and 115G apply in respect of any assessments of the degree of the worker's impairment made for the purposes of section 104B before the relevant date. (4) Any assessments that are still to be made are to be made under section 104B as amended by section 6 of the Accident Compensation (Amendment) Act 2001. Pt 4 Div. 3A Subdiv. 2 (Heading and ss 116–116C) inserted by No. 82/2001 s. 3. Subdivision 2—Settlements for certain injuries suffered on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992 New s. 116 inserted by No. 82/2001 s. 3. 116 Who this Subdivision applies to (1) This Subdivision applies to a worker— (a) who suffered an injury arising out of, or in the course of, or due to the nature of, employment on or after 4.00 p.m. on 31 August 1985 and before 1 December 1992; and (b) who was— (i) on 3 September 2001; and (ii) on the notification date— receiving weekly payments of compensation in respect of the injury, or who would have been entitled to receive such payments on
both of those dates but for the operation of section 96(2); and (c) who has been assessed in respect of the injury as having either— (i) no current work capacity and as likely to continue indefinitely to have no current work capacity; or S. 116(1)(c)(ii) amended by No. 9/2010 s. 33(3)(c). (ii) a serious injury within the meaning of section 91E; and (d) who had, as at 3 September 2001, received weekly payments in respect of the injury for at least 104 weeks. (2) In this section notification date means the date on which the Authority or self-insurer receives an expression of interest from the worker under section 119. New s. 116A inserted by No. 82/2001 s. 3. 116A Right to apply for settlement S. 116A(1) amended by No. 80/2010 s. 78(j). (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than Division 2B of Part IV) with respect to the injury. (2) The application must be made in accordance with Subdivision 5. Note Although this Subdivision is intended to come into operation on the day after the Accident Compensation (Amendment) Act 2001 receives the Royal Assent, section 119(4) will have the effect of delaying the application process under this Subdivision. The process can be delayed from starting until a date that can be no later than 1 July 2002.
Ss inserted by No. 82/2001 s. 3, repealed by No. 80/2010 s. 73. * * * * * Pt 4 Div. 3A Subdiv. 4 (Heading and ss 118–118C) inserted by No. 82/2001 s. 3. Subdivision 4—Other settlements New s. 118 inserted by No. 82/2001 s. 3. 118 Application of this Subdivision This Subdivision applies if— S. 118(a) amended by No. 80/2010 s. 78(m). (a) a worker is receiving, or is entitled to receive, compensation under this Act (other than Division 2B of Part IV) with respect to an injury; and S. 118(b) amended by No. 67/2013 s. 635(8). (b) the regulations state that the worker may apply for the settlement of his or her entitlement under the Act (other than Division 2B of Part IV) in any particular circumstances specified by the regulations. New s. 118A inserted by No. 82/2001 s. 3. 118A Right to apply for settlement S. 118A(1) amended by No. 80/2010 s. 78(n). (1) A worker to whom this Subdivision applies may apply for the settlement of his or her entitlement under this Act (other than Division 2B of Part IV) with respect to the injury. (2) The application must be made in accordance with Subdivision 5.
Division 5—Payment of compensation 128 Provisions relating to payment of compensation S. 128(1) substituted by No. 83/1987 s. 69, amended by Nos 67/1992 ss 43(1)(a), 64(7)(a), 50/1994 s. 59(a), 107/1997 ss 18(3), 27(2)(d), 37(2)(a), 81/1998 s. 24(3)(a), 80/2010 s. 78(p). (1) If in any proceedings under this Act for the payment of compensation under section 92, 92A, 92B, 98, 98A, 98C or 98E or weekly payments or compensation under Division 2B of Part IV, the Magistrates' Court or the County Court is of the opinion that the employer, the Authority or a is responsible for any unreasonable delay— S. 128(1)(a) amended by No. 67/1992 s. 43(1)(b). (a) the Court may direct the amount of compensation determined and payable under this Act to be increased by an amount specified by the Court; and S. 128(1)(b) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 59(a), 81/1998 s. 24(3)(a). (b) the Authority or self-insurer must pay the person entitled to compensation the amount of the increase. S. 128(2) amended by No. 48/1986 s. 21, substituted by No. 83/1987 s. 69, amended by Nos 67/1992 ss 43(1)(c), 64(7)(a), 50/1994 s. 59(b)(c), 81/1998 s. 24(3)(b)(c). (2) If the Magistrates' Court or the County Court made a direction increasing the amount of compensation payable under subsection (1)(a) as a result of forming the opinion that the employer was responsible for any unreasonable delay, the Authority may require the employer to pay an amount equivalent to the increase paid by the Authority as if it were premium payable under the Accident Compensation (WorkCover Insurance) Act 1993.
make a refund to each contributor of an amount calculated in accordance with the formula— where— C has the same value as "C" in paragraph (b) of section 129B(6); E is the amount of the contributions paid by the contributor; F is the payment received by the Authority or self-insurer from a person other than the contributor. S. 129B(4) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 62(3). (4) The object of this Division is to make provision for the Authority and self-insurers to obtain from contributors a just and equitable and timely contribution to payments under this Act or the Accident Compensation (WorkCover Insurance) Act 1993 that the Authority or a selfinsurer has made or may become liable to make to or in respect of a worker who has suffered a contribution injury. S. 129B(5) amended by No. 67/1992 s. 64(7)(a). (5) It is the intention of Parliament that the Authority and the Tribunal in giving effect to this Division regard as paramount the object of this Division. S. 129B(6) amended by No. 67/1992 s. 64(7)(a). (6) The Authority, in making or amending an assessment or in considering an objection under this Division and the Tribunal, in reviewing an assessment under this Division, must apply the following principles— S. 129B(6)(a) amended by Nos 67/1992 s. 64(7)(a), 50/1994 s. 62(3). (a) the liability of a contributor under an assessment must not exceed the amount determined by the Authority or Tribunal to be— (i) in respect of a contributor which is a contributing employer or a contributing self-insurer, the amount that the
such manner as is, and upon such terms as are, agreed or, in default of agreement, as are determined in accordance with the provisions of this Division by a court to be just and equitable. S. 129Q inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129Q Notice of proceedings (1) The defendant in a common law proceeding made or brought (as the case may be) after the appointed day shall give to the Authority notice in writing of the proceeding within 14 days after the defendant receives notice of the proceeding or within 28 days after the commencement of the Accident Compensation (Further Amendment) Act 1988, whichever is the later. (2) The common law insurer in respect of the common law proceeding shall give to the Authority notice in writing of the proceeding within 14 days after the insurer receives notice of the proceeding or within 28 days after the commencement of the Accident Compensation (Further Amendment) Act 1988, whichever is the later. S. 129R inserted by No. 13/1988 s. 6, amended by No. 67/1992 s. 64(7)(a). 129R Conduct of defence (1) The defendant or the common law insurer is not entitled to conduct the defence of the common law proceeding unless— (a) the defendant or common law insurer, within 14 days after the last date for giving notice under section 129Q undertakes to the Authority in writing that the defendant or common law insurer, as the case requires, will conduct the defence of the common law proceeding; and
S. 130(1A) inserted by No. 15/1998 s. 4(2). (1A) If the Court or Authority determines under subsection (1) that State Trustees (within the meaning of the State Trustees (State Owned Company) Act 1994) administer payments of compensation, State Trustees must accept a transfer of the amount of compensation to be administered and the acceptance of that amount is a sufficient discharge to the person transferring that amount. S. 130(2) amended by Nos 83/1987 s. 72(1)(c), 67/1992 s. 45(b). (2) The County Court in making a determination on an application under subsection (1)(c) may impose any conditions, restrictions or limitations it considers appropriate on the duration and termination of the administration. 131 Powers of trustee company in relation to administration S. 131(1) amended by Nos 83/1987 s. 72(2)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), substituted by No. 15/1998 s. 4(3). (1) Except as otherwise provided in section 130, any money administered by a trustee company determined under that section may be invested in any manner in which money may be invested under the Trustee Act 1958 and may be applied in any manner that the trustee company considers appropriate for the benefit of the person entitled to that money. S. 131(2) amended by Nos 83/1987 s. 72(2)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), repealed by No. 15/1998 s. 4(4). * * * * *
132 Powers of trustee company to make determinations S. 132(1) amended by Nos 83/1987 s. 72(3)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), repealed by No. 15/1998 s. 4(6). * * * * * S. 132(2) amended by Nos 83/1987 s. 72(3)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), 15/1998 s. 4(7)(a). (2) If a deceased worker leaves more than one dependant the trustee company determined under section 130 after having regard to the circumstances of the various dependants and any variations in the circumstances from time to time may determine to— S. 132(2)(a) amended by Nos 83/1987 s. 72(3)(a), 67/1992 s. 45(a), 50/1994 s. 63(1)(b), 15/1998 s. 4(7)(b). (a) apply or otherwise deal with any money administered by the trustee company in a manner which the trustee company considers will for the time being be most beneficial to the dependants; (b) make a payment to any dependant; (c) provide for any two or more dependants collectively; or (d) exclude any dependant from participating in any benefit.
impairment of the worker has been made under subsection (3). S. 135A(2AA) inserted by No. 84/2000 s. 37. (2AA) For the purposes of the procedures relating to an application for a determination from a worker made under subsection (2B) and received by the Authority or a self-insurer after 10 August 2000 but before 1 September 2000, subsections (2B), (2D) and (2DB) have effect as if the reference in each of those subsections to 120 days was a reference to 210 days. S. 135A(2B) inserted by No. 7/1996 s. 32(1), amended by Nos 107/1997 s. 47(2), 81/1998 s. 25(9). (2B) Subject to subsection (2C), the Authority or must make a determination under subsection (3) within 120 days of receiving a written application for a determination from the worker. S. 135A(2BA) inserted by No. 107/1997 s. 47(3). (2BA) An application under subsection (2B)— (a) must be in a form approved by the Authority; and (b) must be accompanied by— (i) a copy of all medical reports; and (ii) affidavits attesting to such other material— existing when the application is made and of which the worker or his or her legal representative is aware and on which the worker intends to rely, or the substance of which the worker intends to adduce in evidence, in proceedings in accordance with this section or in any related proceedings. S. 135A(2BB) inserted by No. 107/1997 s. 47(3), amended by No. 81/1998 s. 25(9). (2BB) If the worker unreasonably refuses to comply with a request by the Authority or self-insurer that the worker submit to a medical examination, to be paid for by the Authority or self-insurer, or in any way hinders such an examination, the period
(b) of the refusal to make a determination under subsection (2C)— the worker is deemed to have suffered a serious injury. S. 135A(2DC) inserted by No. 107/1997 s. 47(5), amended by No. 81/1998 s. 25(9). (2DC) The worker, within 28 days after receiving the advice referred to in subsections (2D) and (2DA), may give to the Authority or self-insurer an affidavit attesting to such further material (whether or not existing before the worker made the application under subsection (2B)) in rebuttal of the material (other than medical reports) attested to in affidavits accompanying the advice. S. 135A(2DD) inserted by No. 107/1997 s. 47(5). (2DD) In proceedings in accordance with this section, a medical report or other material is inadmissible in evidence— S. 135A (2DD)(a) amended by No. 81/1998 s. 25(9). (a) on behalf of the Authority or self-insurer if— S. 135A (2DD)(a)(i) amended by No. 81/1998 s. 25(9). (i) it was in existence, and the employer, Authority or self-insurer, or the legal representative or any of them, was aware of it, before the date by which the advice of the Authority or is required to be given under subsections (2D) and (2DA); and (ii) it had not been disclosed to the worker in accordance with subsections (2D) and (2DA); or (b) on behalf of the worker if— (i) it was in existence, and the worker or the worker's legal representative was aware of it, before the expiration of 28 days after receiving the advice under subsections (2D) and (2DA); and
S. 135A(13A) inserted by No. 107/1997 s. 47(10). (13A) In proceedings for the recovery of damages commenced in accordance with this section after a statutory offer was made, or deemed to have been made, under subsection (2DE)— S. 135A (13A)(a) amended by No. 81/1998 s. 25(9). (a) if no liability to pay damages is established, the worker must pay the party and party costs of the employer, Authority or and the worker's own costs; S. 135A (13A)(b) amended by No. 81/1998 s. 25(9) (b) if judgment is obtained or a settlement or compromise is made in an amount not less than 90 per cent of the worker's statutory counter offer under subsection (2DE) and more than the statutory offer of the Authority or self-insurer, the Authority or self-insurer must pay the worker's party and party costs and its own costs; S. 135A (13A)(c) amended by No. 81/1998 s. 25(9) (c) if judgment is obtained or a settlement or compromise is made in an amount not more than the statutory offer of the Authority or self-insurer under subsection (2DE), the worker must pay the party and party costs of the Authority or self-insurer and the worker's own costs; S. 135A (13A)(d) amended by No. 81/1998 s. 25(9) (d) if judgment is obtained or a settlement or compromise is made in an amount that is more than the statutory offer of the Authority or self-insurer under subsection (2DE) but less than 90 per cent of the worker's statutory counter offer under that subsection, each party bears its own costs— and the court must not otherwise make an order as to costs.
(b) a certificate is issued under subsection (4)(a) in relation to the injury; or (c) any appeal by the Authority or a against a decision of a court to give leave under subsection (4)(b) is determined— whichever is applicable; S. 135A(19) def. of medical report inserted by No. 107/1997 s. 47(11). medical report means— (a) a statement in writing on medical matters concerning the worker, made by a medical practitioner; and (b) includes any document which the medical practitioner intends should be read with the statement, whether the document was in existence at the time the statement was made or was a document which he or she obtained or caused to be brought into existence subsequently; pain and suffering damages means damages for pain and suffering, loss of amenities of life or loss of enjoyment of life; pecuniary loss damages means damages for loss of earnings, loss of earning capacity, loss of value of services or any other pecuniary loss or damage; S. 135A(19) def. of response date inserted by No. 107/1997 s. 47(11). response date means the date on which the period of 28 days after the determination date expires; serious injury means— (a) serious long-term impairment or loss of a body function; or
only applies to services provided on or after the date of commencement of section 4. New s. 261 inserted by No. 95/2003 s. 23. 261 Section 5A (Pre-injury average weekly earnings) Section 5A, as amended by section 5 of the amending Act, applies in respect of a claim for weekly payments given, served or lodged on or after the date of commencement of section 5. New s. 262 inserted by No. 95/2003 s. 23. 262 Section 82 (Entitlement to compensation) Section 82, as amended by section 3 of the amending Act, applies to all injuries that occur on or after the date of commencement of section 3. New s. 263 inserted by No. 95/2003 s. 23. 263 Section 86 (Compensation for disease due to employment) Section 86, as amended by section 3(7) of the amending Act, applies to all injuries that occur on or after the date of commencement of section 3. New s. 264 inserted by No. 95/2003 s. 23. 264 Section 91 (Assessment of impairment) (1) Section 91, as amended by section 7 of the amending Act, applies to all assessments (including assessments made for the purposes of claims and applications referred to in section 255) made on or after the date of commencement of section 7. (2) For the purposes of assessments made for the purposes of claims and applications referred to in section 255(2), a reference in sections 91(9) and 91(10) to the A.M.A. Guides is to be read as a reference to the American Medical Association's Guides to the Evaluation of Permanent Impairment (Second Edition). (3) Section 91(7), as amended by section 8(3) of the amending Act, only applies in respect of
Ss 353–364 inserted by No. 9/2010 s. 191, repealed by No. 67/2013 s. 645. * * * * * Pt 9 Div. 13 (Heading and ss 365–389) inserted by No. 80/2010 s. 129. Division 13—Transport Accident and Accident Compensation Legislation Amendment Act 2010 S. 365 inserted by No. 80/2010 s. 129. 365 Definitions (1) In this Division— amending Act means the Transport Accident and Accident Compensation Legislation Amendment Act 2010; amending provision means a provision of the amending Act specified in a section of this Division; commencement date means the date on which the amending provision comes into operation. (2) Nothing in this Division limits or otherwise affects the operation of the Interpretation of Legislation Act 1984. S. 366 inserted by No. 80/2010 s. 129. 366 Sections 5A to 5AE, 5B and Schedule 1A (1) Sections 5A, 5AA, 5AB, 5AC, 5AD and 5AE and Schedule 1A, as inserted by sections 21 and 23 of the amending Act, apply in relation to a claim first received by the Authority or self-insurer on or after the commencement date. (2) Section 5B, as inserted by section 22 of the amending Act, applies in relation to a claim for weekly payments, whether made before, on or after the commencement date, in respect of an injury whether sustained before, on or after the commencement date.
Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 2) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Accident Compensation Act 1985 Education and Training Reform Amendment (Skills) Act 2011, No. 76/2011 Assent Date: 13.12.11 Commencement Date: S. 15 on 1.7.11: s. 2(4); s. 16 on 14.12.11: s. 2(1) : This information relates only to the provision/s amending the Accident Compensation Act 1985 Accident Compensation Amendment (Repayments and Dividends) Act 2012, No. 18/2012 Assent Date: 24.4.12 Commencement Date: 25.4.12: s. 2 : All of Act in operation Disability Amendment Act 2012, No. 22/2012 Assent Date: 8.5.12 Commencement Date: S. 84 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Accident Compensation Act 1985 Health Professions Registration (Repeal) Act 2012, No. 27/2012 Assent Date: 29.5.12 Commencement Date: Ss 7, 8 on 1.7.12: s. 2 : This information relates only to the provision/s amending the Accident Compensation Act 1985 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 1) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Accident Compensation Act 1985 Civil Procedure Amendment Act 2012, No. 62/2012 Assent Date: 30.10.12 Commencement Date: S. 23 on 24.12.12: Special Gazette (No. 429) 11.12.12 p. 1 : This information relates only to the provision/s amending the Accident Compensation Act 1985 Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012 Assent Date: 20.11.12 Commencement Date: Ss 3, 4 on 1.1.13: s. 2(2) : This information relates only to the provision/s amending the Accident Compensation Act 1985
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014 Assent Date: 9.9.14 Commencement Date: S. 9 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 : This information relates only to the provision/s amending the Accident Compensation Act 1985 Statute Law Revision Act 2015, No. 21/2015 Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 2) on 1.8.15: s. 2(1) Current State: This information relates only to the provision/s amending the Accident Compensation Act 1985 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation Not updated for this publication. 4 Explanatory details