Section 7 — Premium — Workers Compensation Regulation 2016 (New South Wales) — Barrister AI

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reg 1Name of Regulation reg 2Commencement reg 3Definitions reg 3AMeaning of “relevant event”—the 1987 Act, s 8G(i)reg 3BMeaning of “traumatic incident”—the 1987 Act, s 8J(c)reg 4Diseases taken to be work-related reg 5Medical tests and results to determine whether brucellosis, Q fever or leptospirosis is work-related reg 5AFirefighting bodies and agencies reg 5BCOVID-19—medical tests and results to determine if COVID-19 is work-related reg 5CCOVID-19—matters relating to incapacity reg 5DCOVID-19—prescribed employment reg 6AAApplication of Part reg 6Minimum amount of pre-injury average weekly earnings reg 7Prescribed number of hours each week reg 8Application and operation of Part reg 8AADefinitions reg 8ABMinimum amount of pre-injury average weekly earnings—Schedule 3, clause 2(4)reg 8AOperation of Division reg 8BAdjustment for workers not continuously employed—Schedule 3, clause 2(3)(a) of 1987 Act reg 8CAdjustment for financially material change to earnings—Schedule 3, clause 2(3)(a) of 1987 Act reg 8DAlignment of relevant earning period with pay period—Schedule 3, clause 2(3)(b) of 1987 Act reg 8EAdjustment for unpaid leave—Schedule 3, clause 2(3)(a) of 1987 Act reg 8EAAdjustment for prescribed periods relating to COVID-19—Schedule 3, clause 2(3)(a) of 1987 Act reg 8FPre-injury average weekly earnings for short-term workers—Schedule 3, clause 4(2) of 1987 Act reg 8GPre-injury average weekly earnings of apprentices, trainees and young people—Schedule 3, clause 5(3)(c) of 1987 Act reg 8HOperation of Division reg 8IAgreements to be approved by insurer—Schedule 3, clause 3(2)reg 8JApplication for approval of agreement—Schedule 3, clause 3(1)reg 8KApproval of agreement—Schedule 3, clause 3(1)reg 8LVariation of agreement reg 8MWithdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)reg 8NInsurer procedures for payment increase decisions—the 1987 Act, section 44BB reg 8OTreatment and service costs in relation to companion animals reg 9Liability to pay compensation for work assistance reg 10Liability to pay compensation for education or training reg 11Time within which program to be established reg 12Offence—failure to establish program reg 13Standard return-to-work programs for category 2 employers reg 14Program to comply with return-to-work guidelines etc reg 15Return-to-work guidelines for programs—directions reg 16Nomination in programs of approved providers of workplace rehabilitation services reg 16ANotification of program reg 17Offence—failure to display or notify program reg 18Notification etc of program by category 2 employer reg 19Category 1 employers must have return-to-work co-ordinator reg 20Functions of return-to-work co-ordinators reg 21Exemptions reg 22Application for certificate of approval reg 23Determination of application reg 24Form of certificate of approval reg 25Holder of certificate to comply with conditions reg 26Amendment of certificate reg 27Notice of refusal reg 28Duration of certificates reg 29Surrender of certificates reg 30Duplicate certificates reg 31Register of certificates reg 32False or misleading statements reg 33Cancellation or suspension of certificate reg 34False claim of approval reg 35Notification of workplace injury reg 36Employer must give early notification of workplace injury reg 37Notice of injury involving loss of hearing reg 38Notice of insurer decisions reg 38ANotice of insurer decisions—work injury damages reg 38BNotice requirements—coal miners reg 39Form of notice to be posted up at workplace reg 40Form of register of injuries to be kept at workplace reg 41Access to certain medical reports and other reports obtained by insurer reg 42Interim payment direction not presumed to be warranted reg 42AReview of decisions by insurer reg 42BNotice of review decision reg 42CDefinition reg 42DApplication of part reg 42EInformation required of workers reg 42FAdditional information required of workers for injuries caused by relevant conduct reg 42GMaking relevant conduct claim reg 42HInsurer must give worker information after commencement of interim entitlement reg 42IMatters and circumstances insurer must take into account reg 42JNotice of back payment reg 42KDisputing liability—the 1998 Act, s 280AE(1)reg 42LReview procedure—the 1998 Act, s 280AE(7)reg 43Definitions reg 44Restrictions on number of medical reports that can be admitted reg 45Supplementary reports admissible reg 46Restriction on disclosure of forensic medical reports to medical assessors reg 47Restrictions on recovery of cost of medical reports reg 48Medical treatment not affected reg 49Reports of medical panels and referees not affected reg 50Administration fees and late payment fees for exempt employers reg 51Provisions of policies of insurance reg 52Excess recoverable from employer reg 53Information to be provided for certificate of currency reg 54Certificate of currency—period of insurance reg 55Liability for subcontractor premiums—exemption for farming operations reg 56Employers excluded from grouping provisions reg 57Interpretation reg 58References to “insurer”reg 59Modification of exceptions for self-insurers reg 60Preparation of injury management plan reg 61Self-insurer’s licence reg 62Definitions reg 63Definition of “premium income” for purposes of insurers’ contributions reg 64Definition of “deemed premium income” for purposes of self-insurers’ contributions reg 65Ministers of religion reg 66Definitions reg 67Financial years for contributions to Insurers’ Guarantee Fund reg 68Time etc for payment of insurer’s contribution reg 69Further contributions payable by insurers reg 70Determination of contributions and further contributions reg 71Penalty notice offences reg 72Definitions reg 73Restrictions on advertising work injury services reg 74Exception for advertising specialty reg 75Other exceptions reg 76Responsibility for employees and others reg 77Responsibility for advertisements published by others reg 78Application of Division reg 79Definition of “work injury advertisement”reg 80Restrictions on work injury advertisements reg 81Exception for advertising specialty reg 82Other exceptions reg 83Protection of publishers reg 84Definitions reg 85Definition of “costs”reg 86Costs not regulated by this Part reg 87Application of Division reg 88Maximum costs recoverable reg 89Maximum costs involving medical or related treatment or certain fees for health service providers reg 90Costs not recoverable in certain circumstances (workers compensation matters)reg 91Application of Division reg 92Fixing of maximum costs recoverable by law practices reg 93Contracting out—law practice/client costs reg 94Costs where claimant no less successful than claimant’s final offer reg 95Costs where claimant less successful than insurer’s final offer or insurer found not liable reg 96Costs in other cases reg 97Deemed offer where insurer denies liability and no mediation occurs or mediation fails reg 98Subdivision does not apply to ancillary proceedings reg 99Multiple parties reg 100Definitions reg 101Application by client for assessment of law practice/client or agent/client costs reg 102Application by instructing law practice or agent for assessment of law practice/client or agent/client costs reg 103Application by billing law practice or agent for assessment of law practice/client or agent/client costs reg 104Application for assessment of party/party costs—compensation matters reg 105Application for assessment of party/party costs—work injury damages matters reg 106Making an application for assessment reg 107-109107–109 (Repealed)reg 110Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court reg 111Assessment of bills generally reg 112Additional matters to be considered in assessing bills of costs reg 113Costs agreements not subject to assessment reg 114Unjust costs agreements reg 115Interest on amount outstanding reg 116Assessment of costs—costs ordered by court or Commission or subject of agreement reg 117Additional matters to be considered by Commission in assessing costs ordered by court or Commission reg 118Effect of costs agreements in assessments of party/party costs reg 119Court or Commission may specify amount etc reg 120Certificate as to determination reg 121Reasons for determination reg 122Recovery of costs of costs assessment reg 123(Repealed)reg 124Determination to be final reg 125Appeal against decision of Commission as to matter of law reg 126Effect of appeal on application reg 127Liability of law practice or agent for costs in certain cases reg 128Referral of misconduct to designated local regulatory authority reg 129GST may be added to costs reg 130Modifications to Legal Profession Uniform Law (NSW) relating to assessment of costs reg 131Special provision for matters involving coal miners reg 132Bill of costs to be in approved form reg 133Costs orders in respect of certain matters reg 133AMaximum costs given by Independent Review Officer—the 1998 Act, s 337(1)(d)reg 134Application of Part reg 135Definitions reg 136Meaning of “injury year”reg 137Non wages-based calculation of premium reg 138Employer to supply insurer with return relating to wages—standard policies reg 139Employer to supply insurer with return relating to wages—retro-paid loss premium policies reg 140Experience premium return reg 141Offence by employer reg 142Employer to give insurer notice of input tax credit entitlement reg 143Definitions reg 144Prevention of double allowance for provisional compensation payments reg 145Cost of an individual claim reg 146Cost of provisional payments of compensation reg 147Certificates relating to cost of claims reg 148Effect of certificate reg 149Certificates by scheme agents relating to cost of claims—retro-paid loss premium policy reg 150Employers who were previously self-insurers reg 151Notice of premium calculation reg 152Payment of premiums by instalments reg 153-161153–161 reg 162Transitional—operation of amendments reg 163Rebate of premium where fraud or mistake involved in claims reg 164Disclosure of information for complaint about health practitioners reg 165Disclosure of information to Long Service Corporation—the 1998 Act, s 243(2)reg 165ADisclosure of information to person conducting special inquiry—the 1998 Act, ss 243(2) and 243AA(2)reg 166Additional records to be kept by employers reg 167Uninsured liabilities—modification of provisions of 1987 Act reg 168Costs of medical assessment reg 169(Repealed)reg 170Proceedings to enter up award on agreement for compensation reg 171Powers of entry by inspectors reg 172Power to obtain information, documents and evidence reg 173Applications for licences reg 174Medical practitioner may be required to attend Commission reg 175Evidence as to work capacity for second or subsequent certificates reg 176Service of notices—the 1998 Act, s 236 reg 177Lump sum death benefit—additional compensation fees reg 178Nominal Insurer must establish independent advisory service—the 1987 Act, s 154B(4)reg 1Definitions reg 2Proposal and Schedule form part of Policy reg 3What the Insurer is liable for reg 4Businesses and industrial activities to which Policy applies reg 5Insurer is directly liable to workers reg 6Insurer is bound by judgments etc against Employer reg 7Premium reg 8Employer must give Insurer or the Nominal Insurer notice of injury to worker reg 9How notices are to be given reg 10Employer not to make admissions etc reg 11Defence of proceedings reg 12Subrogation reg 13Precautions to prevent injury reg 14Alterations and repairs following injury reg 15Insurer’s right of inspection reg 16Assignment reg 17Renewal of Policy reg 18Cancellation of Policy reg 19No waiver or alteration reg 20Employer must tell Insurer if unable to give suitable work requested by injured worker reg 21Employer must advise change of business or industry reg 22Records to be kept of wages reg 23Cover conditional on Employer complying with Policy, Act and regulations reg 24Act and regulations form part of Policy reg 1Recovery of excess from Employer. Under section 160 of the 1987 Act, the Employer is required to repay the prescribed excess amount, as specified by the Workers Compensation Regulation 2016, clause 52(3), in respect of each claim for weekly compensation paid by the Insurer.An Employer is not required to make the repayment to the extent that the Insurer either offsets the amount against compensation duly advanced by the Employer to the claimant worker or makes an appropriate debit against any amount standing to the Employer’s credit for premiums.reg 2Domestic etc workers. If this Policy is issued for domestic or similar workers (including when this Policy forms part of a household insurance package) it is to be read as if—(a) the reference to the Employer carrying on business were a reference to the Employer employing domestic or similar workers, and(b) the provisions in clause 4 for the Employer to notify a change of business or industrial activity were omitted, and the provisions of clauses 17 (Renewal of Policy) and 21 (Employer must advise change of business or industry) were omitted.reg 3Workplace injury management. The Employer of an injured worker who has been totally or partially incapacitated for work has certain obligations under Chapter 3 of the Workplace Injury Management and Workers Compensation Act 1998, including an obligation under section 49 to provide suitable employment if the worker is able to return to work. It is a condition of this Policy that the Employer must comply with the requirements of that Chapter, but only if the Insurer has taken appropriate steps to ensure that the Employer is made aware of those obligations.reg 1Introduction reg 2Definitions reg 3Overall application of Schedule reg 4General application of Tables reg 5When Table 1 costs recoverable reg 6Special provisions for Table 1 costs—dispute about permanent impairment and pain and suffering reg 7When Table 3 costs recoverable, and reduction of subsequent Table 1 costs reg 8Maximum payable where more than one resolution type reg 9Maximum payable where more than one claim or dispute reg 10Maximum payable covers all work reg 11Determination of maximum payable where an upper limit is set reg 12Table 2—resolution after teleconference and before further attendance reg 13Table 3—orders reg 14Special provisions for Table 1 and Table 3 costs—legal advice to claimant on complying agreement reg 15Country/interstate loadings—Part 3 reg 16Certain agents not entitled to costs reg 17Recovery of certain charges for certain documents from public authorities reg 1Costs determined by reference to certain stages in the matter reg 2Other costs for legal services reg 1Interpretation reg 2Weekly payments amendments—workers with highest needs reg 3Weekly payments amendments—other than workers with highest needs reg 45 year limit on weekly payments reg 5Limit on payment of medical, hospital and rehabilitation expenses reg 6Compensation for medical and other expenses for existing claimants reg 7Giving of notice when liability disputed reg 8Awarding of costs by Commission reg 9Nervous shock claims reg 10Lump sum compensation reg 11Lump sum compensation: further claims reg 12Employer improvement notices reg 13Determination of degree of permanent impairment—Table of Disabilities reg 14Maximum legal costs reg 151926 Act claims—weekly payments amendments do not apply reg 16Continuation of weekly payments after second entitlement period—exemptions from application requirement reg 17Weekly payments amendments to apply where work capacity assessment not conducted reg 18Lump sum compensation for hearing loss—injury before 1.1.2002 reg 19Only one claim for permanent impairment compensation—injuries received before 1.1.2002 reg 20Discontinuation of certain entitlements reg 21Application of weekly payments amendments to existing recipients of weekly payments reg 22Work capacity decision to be made as soon as practicable after assessment reg 23Existing recipients of weekly payments who reach retiring age reg 24Interpretation reg 25Application of Part reg 26Termination of weekly payments on retiring age reg 27Medical and related expenses reg 28Secondary surgery reg 28AInterpretation reg 28BApplication and operation of Part reg 28C5 year limit on weekly payments reg 28DFurther permanent impairment assessments reg 29Interpretation reg 30Medical and related expenses reg 31Certificates of capacity reg 32Lump sum compensation reg 33Workers with highest needs reg 34Continuation of weekly payments after second entitlement period reg 35Weekly payments—workers with highest needs reg 36Return to work assistance—education and training reg 37AAOperation of amendments reg 37Application of death benefits amendment to fire, emergency and rescue services volunteers reg 37AApplication of death benefits amendments to coal miners reg 38Insurance premiums orders reg 39Saving and transitional provision reg 40Payment of premiums by instalments reg 41Meaning of “latest index number”

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Section 7 — Premium — Workers Compensation Regulation 2016 (New South Wales) — Barrister AI