Workers’ Compensation and Rehabilitation Act 2003

This section applies if—

an application for compensation for an injury sustained by a worker is lodged with WorkCover; and

WorkCover does not have the information necessary to calculate the weekly payment of compensation to which the worker will be entitled if the application is allowed.

WorkCover must, before or immediately after allowing the application for compensation, give a written notice to the worker’s employer requesting the necessary information.

The notice must state—

that the employer must give WorkCover the necessary information stated in the notice within 5 business days after receiving the notice; and

that it is an offence to fail to comply with the notice without reasonable excuse; and

that a penalty may be imposed by WorkCover for failure to comply with the notice.

The employer must comply with the notice, unless the employer has a reasonable excuse.

WorkCover may require the employer to pay WorkCover an amount by way of penalty if—

the employer fails to comply with the notice; and

WorkCover pays the worker an amount of compensation as a basic weekly payment under section 146B.

The amount of the penalty is equal to the difference between the following—

the amount of weekly payments of compensation to which the worker is entitled for the period—

commencing 5 business days after the notice requiring the employer to give the necessary information to WorkCover is received by the employer; and

ending on the last day for which the worker is paid a basic weekly payment under section 146B;

the amount of compensation that is paid as a basic weekly payment under section 146B to the worker for the same period.

WorkCover may recover the amount from the employer—

as a debt; or

as an addition to a premium payable by the employer.

The employer may apply to WorkCover in writing to waive or reduce the penalty because of extenuating circumstances.

The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.

WorkCover must consider the application and may—

waive or reduce the penalty; or

refuse to waive or reduce the penalty.

If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13.