Workers Rehabilitation and Compensation Amendment Regulations 2017


Tasmanian Crest
Workers Rehabilitation and Compensation Amendment Regulations 2017

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 .

19 December 2017

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Building and Construction

1.   Short title

These regulations may be cited as the Workers Rehabilitation and Compensation Amendment Regulations 2017 .

2.   Commencement

These regulations take effect on 1 January 2018 or the day on which their making is notified in the Gazette, whichever is the later.

3.   Interpretation

In these regulations –
Act means the Workers Rehabilitation and Compensation Act 1988 .

4.   Principal Regulations

In these regulations, the Workers Rehabilitation and Compensation Regulations 2011 are referred to as the Principal Regulations.

5.    Regulation 19 substituted

Regulation 19 of the Principal Regulations is rescinded and the following regulation is substituted:

19.   Prescribed form of information as to right to make claim for compensation

For the purpose of section 33A of the Act, the form set out in Schedule 1 is prescribed.

6.    Regulation 23 amended (Prescribed service and prescribed persons)

Regulation 23(b) of the Principal Regulations is amended by omitting "medical practitioners accredited as medical assessors by the Board" and substituting "accredited medical practitioners who are accredited to assess the degree of a worker's impairment".

7.    Regulation 27 amended (Declaration of provisions of certain laws to be about damages for work-related injuries)

Regulation 27 of the Principal Regulations is amended as follows:
(a) by omitting paragraph (d) and substituting the following paragraph:
(d) Return to Work Act of the Northern Territory;
(b) by omitting paragraph (h) and substituting the following paragraph:
(h) Workplace Injury Rehabilitation and Compensation Act 2013 of Victoria;

8.    Schedule 1 amended (Form of Notice for Purpose of Section 33A of Act)

Schedule 1 to the Principal Regulations is amended as follows:
(a) by omitting from the heading "OF NOTICE";
(b) by omitting
 

NOTICE OF RIGHT TO MAKE WORKER'S COMPENSATION CLAIM

and substituting the following item:
 

FORM FOR INFORMATION AS TO RIGHT TO MAKE WORKER'S COMPENSATION CLAIM

(c) by omitting
 

Notice issued under section 33A of the Workers Rehabilitation and Compensation Act 1988

and substituting the following item:
 

Form for information under section 33A of the Workers Rehabilitation and Compensation Act 1988

(d) by omitting "an accredited medical practitioner" from column 2 of item 6 in the table and substituting "a medical practitioner";
(e) by omitting "The practitioner must be accredited if he or she lives in, or provides services to you in, Tasmania." from column 2 of item 7 in the table ;
(f) by omitting "Workplace Standards" from column 2 of item 9 in the table and substituting "WorkSafe";
(g) by omitting "03 6233 7657" from column 2 of item 9 in the table and substituting "03 6166 4600".

9.    Schedule 2 amended (Infringement Notice Offences)

Schedule 2 to the Principal Regulations is amended as follows:
(a) by omitting

33A

Failure to give, within 14 days, notice to worker of right to claim

2

5

and substituting the following item:

33A

Failure to inform worker, within 14 days, of right to claim

2

5

(b) by omitting the following items

152(1)(a)

Failure to keep a summary of Act readily available

2

5

152(1)(b)

Failure to keep statement of insurance policy readily available

2

5

.

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

Notified in the Gazette on 27 December 2017

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Workers Rehabilitation and Compensation Regulations 2011 by altering references to, and in, a form and by updating references in the regulations to certain Acts of other jurisdictions and to certain classes of persons.