Workers Rehabilitation and Compensation Amendment Regulations 2010

Workers Rehabilitation and Compensation Amendment Regulations 2010

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Workers Rehabilitation and Compensation Act 1988 .

11 June 2010

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Workplace Relations

1.   Short title

These regulations may be cited as the Workers Rehabilitation and Compensation Amendment Regulations 2010 .

2.   Commencement

These regulations take effect on 1 July 2010.

3.   Principal Regulations

In these regulations, the Workers Rehabilitation and Compensation Regulations 2001 are referred to as the Principal Regulations.

4.    Regulation 6 amended (Discovery)

Regulation 6(6) of the Principal Regulations is amended by inserting ", other than a referral made under section 81A(5)" after "Act".

5.    Regulation 17 amended (Industrial deafness)

Regulation 17 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  For the purpose of section 73(3) of the Act, the class of persons is the class consisting of persons who are –

(a) medical practitioners with specialised qualifications and experience in otorhinolaryngology; or

(b) full members, or qualified to be full members, of the Audiological Society of Australia.

6.    Regulation 17A inserted

After regulation 17 of the Principal Regulations , the following regulation is inserted in Part 3:

17A.   Maximum amounts for burial and cremation and counselling of family members

(1)  For the purpose of section 75(1)(b)(i) of the Act, the prescribed amount is $9,500.

(2)  For the purposes of section 75(1)(b)(ii) of the Act, the prescribed amount is $4,000.

7.    Regulation 23A inserted

After regulation 23 of the Principal Regulations , the following regulation is inserted in Part 3:

23A.   Prescribed form of notice of right to make claim

For the purpose of section 33A of the Act, the notice set out in Schedule 2 is prescribed.

8.    Regulation 25 substituted

Regulation 25 of the Principal Regulations is rescinded and the following regulation is substituted:

25.   Prescribed offences and penalties

(1)  For the purpose of section 148A of the Act, an offence against a provision of the Act specified in Column 1 of Schedule 1 is a prescribed offence.

(2)  The penalty specified in Column 3 of Schedule 1 opposite an offence referred to in Column 1 of Schedule 1 is the prescribed penalty for the offence.

9.    Schedule 1 amended (Infringement Notice Offences)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting after

General description of offence

Natural person

Body corporate

the following items:

33A	Failure to give, within 14 days, notice to worker of right to claim	2	5
39(1)	Failure to give, within 28 days, notice to worker of status of claim	2	5

(b) by inserting after

81B(2)

Failure to pay weekly payments as required

2

5

the following item:

90B(3)

Failure to serve, within 7 days, copy of medical report

2

5

(c) by omitting the following item:

85(3AA)

Failure to provide copy of medical report as required

2

5

(d) by inserting after

97(4)

Failure to maintain policy of insurance as required

2

5

the following item:

97(6A)

Failure to provide list of duties

2

5

(e) by inserting after

128(6)

Failure to pay Nominal Insurer as required

2

5

the following items:

143A(1)	Failure to notify insurer of workplace injury	2	5
143D(1)	Failure to appoint return-to-work co-ordinator	2	5
143L(3)	Failure to notify worker and insurer of reason why previous employment not available to worker	2	5
143M(4)	Failure to provide reasons in writing for not giving worker certain duties	2	5

(f) by omitting the following items:

139(1)	Failure to prepare return-to-work plan	2	5
143(1)	Failure by employer to prepare rehabilitation policy	2	5
143(2)	Failure to display rehabilitation policy	2	5

10.    Schedule 2 inserted

After Schedule 1 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 2 - Form of Notice for Purpose of Section 33A of Act

Regulation 23A

	NOTICE OF RIGHT TO MAKE WORKER'S COMPENSATION CLAIM
	Notice issued under section 33A of the Workers Rehabilitation and Compensation Act 1988
1.	On [insert date on which notice of injury was given by worker*] you notified the employer named below ("your employer") that you had suffered an injury that you believe was caused by your employment with your employer.
2.	In accordance with section 33A of the Workers Rehabilitation and Compensation Act 1988 , I advise, on behalf of your employer, that you have the right under that Act to make a claim for compensation for the injury.
3.	If you wish to make a claim for compensation, you should do so as soon as practicable.
4.	Generally, you may only make the claim within 6 months after the date on which the injury occurred. However, if the injury consists of a loss of hearing due to exposure to industrial noise, you may only make the claim while you are still employed by your employer or within 6 months after you stop being employed by your employer.
5.	A claim for compensation must be made on the approved form. You may ask your employer for a copy of the approved form.
6.	You must attach to a claim for compensation a workers compensation medical certificate that has been issued by an accredited medical practitioner.
7.	You must tell your employer the name of the medical practitioner who is to have primary responsibility for treating your injury. The practitioner is to provide medical certificates, co-ordinate your medical treatment for the injury and, if necessary, assist in your rehabilitation and return to work. The practitioner must be accredited if he or she lives in, or provides services to you in, Tasmania.
8.	If you wish to talk with your employer about any matter related to this notice, you may speak to [insert name of person nominated by employer*] who may be contacted on [insert contact telephone number*].
9.	If you need assistance in relation to the injury or a claim for compensation, you may telephone the Workplace Standards Tasmania Helpline on 1300 366 322 or, for callers outside Tasmania, 03 6233 7657.
	Signed by ………………………….
	[Signature*]
	on behalf of the following employer:
	………………….……….
	[Name of employer*]
	Note: Items marked with an asterisk are to be completed by a person authorised by the employer to give this notice to the injured worker.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 16 June 2010

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Workers Rehabilitation and Compensation Regulations 2001 so as to prescribe a form for the purposes of section 33A of the Workers Rehabilitation and Compensation Act 1988 , to prescribe a maximum amount payable for burials, cremations and family counselling, to permit discovery in respect of certain proceedings, to prescribe the class of persons who may assess industrial deafness, and to prescribe, and revoke the prescription of, certain offences as "infringement notice offences".