This Act may be cited as the Workers Compensation Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 1(2) amended by Nos 8084 s. 4(2)(a), 8727 s. 3(1), 8733 s. 24(2), 9297 ss 10(2), 11(m), 9613 s. 3(a), 9683 s. 2(a)–(c), repealed by No. 10191 s. 270(1).
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S. 1A inserted by No. 10191 s. 257, substituted by No. 83/1987 s. 109(1).
Despite anything to the contrary in this Act—
this Act applies to and in relation to an injury to a worker—
before the appointed day arising out of or in the course of employment before the appointed day; or
after the appointed day arising out of or in the course of employment solely before the appointed day; and
this Act does not apply to or in relation to an injury to a worker on or after the appointed day arising out of or in the course of employment on or after the appointed day.
Nothing in this section prevents a worker from being entitled to compensation under this Act in respect of a disease due to the nature of any employment in which the worker was employed before the appointed day if the worker was not employed in employment of that nature on or after the appointed day.
S. 1A(3) amended by No. 67/2013 s. 648(1).
This Act shall be read together with the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013.
S. 1AA inserted by No. 37/1992 s. 7.
Compensation for the death of a worker is not payable under this Act if compensation for the death of the worker has been paid under the Accident Compensation Act 1985.
If a claim for compensation in respect of the death of a worker is made under the Accident Compensation Act 1985, a claim must not be made under this Act by any dependant of the worker unless the claim made under the Accident Compensation Act 1985 is withdrawn or is rejected.
Subsection (1) does not affect the application of the principle referred to in section 129B(6)(a) of the Accident Compensation Act 1985.
This section applies in relation to deaths occurring on or after the appointed day but nothing in this section affects any payment of compensation made before the day on which section 7 of the Accident Compensation (Further Amendment) Act 1992 comes into operation.
S. 1B inserted by No. 10191 s. 257.
Any reference to this Act or to any provision of this Act in any other Act (except the Accident Compensation Act 1985) or in any regulation notice legal or other proceeding instrument document or other writing of any kind whatsoever shall, so far as relates to any matter to which this Act pursuant to section 1A(1)(a) does not apply and if not inconsistent with the context or subject-matter, be deemed and taken to be a reference to the Accident Compensation Act 1985 or the corresponding provision of that Act.
The Acts mentioned in the First Schedule to this Act to the extent thereby expressed to be repealed are hereby repealed accordingly.
Except as in this Act expressly or by necessary implication provided—
all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application claim determination award assessment certificate appointment policy reference arrangement fund notice judgment appeal proceeding liability or right made effected issued granted given presented accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
No. 5676 s. 15.
S. 2(3) amended by No. 8181 s. 2(1)(Sch. item 191).
Notwithstanding the repeal by this Act of the Workers Compensation Act 1953 and the Workers Compensation (Amendment) Act 1953 the provisions of section fifteen of the former Act as re-enacted by section eight of the latter Act shall continue in operation and be given effect according to their tenor so long as the circumstances require; and without limiting the operation of the foregoing provisions of this subsection it is hereby declared that the provisions of the said section fifteen as so re-enacted are as reproduced in the Second Schedule to this Act.
S. 2(4) inserted by No. 8417 s. 2.
Notwithstanding anything to the contrary in any rule of law or construction the provisions of this Act as in force immediately before the commencement of the Workers Compensation Act 1973 so far as they relate to rates or amounts of compensation, shall apply with respect to every payment of compensation made on or after the 6th March, 1973 irrespective of the date of occurrence or origin of the injury or disease giving rise to the right to compensation and—
notwithstanding that an award for a lesser rate or amount may have been made by the Board before the commencement of the Workers Compensation Act 1973; and
notwithstanding that payments at a lesser rate or of a lesser amount may have been made before the commencement of the Workers Compensation Act 1973—
and every policy of accident insurance or indemnity which operated to indemnify an employer against claims which arose under the Act before the commencement of the Workers Compensation Act 1973 shall notwithstanding anything to the contrary therein be read and construed as fully insuring or indemnifying the employer against the increased liability incurred by reason of the provision made by the Workers Compensation Act 1973.
S. 2A inserted by No. 8733 s. 2.
The provisions of this Act, so far as they relate to amounts of compensation payable in accordance with the Table appended to subsection (1) of section 11 in respect of an injury of a worker shall—
S. 2A(1)(a) amended by No. 9840 s. 2(a).
where the injury occurs on or after the 1st day of July, 1975 and before the commencement of section 3 of the Workers Compensation (Amendment) Act 1982—apply as amended by the Workers Compensation (Amendment) Act 1975; and
S. 2A(1)(b) amended by No. 9840 s. 2(b).
except as provided by paragraph (a)—continue to apply where the injury occurred before the 1st day of July, 1975, notwithstanding the commencement of section 7 of the Workers Compensation (Amendment) Act 1975 as in force immediately before the said commencement.
The provisions of this Act, so far as they relate to amounts of compensation payable in respect of the death of a worker shall—
where the death of a worker occurs on or after the 1st day of July, 1975—apply as amended by the Workers Compensation (Amendment) Act 1975; and
except as provided by paragraph (a)—continue to apply notwithstanding the commencement of section 6 of the Workers Compensation (Amendment) Act 1975 as in force immediately before the said commencement.
Notwithstanding anything to the contrary in any rule of law or construction, the provisions of this Act as amended by the Workers Compensation (Amendment) Act 1975, so far as they relate to rates or amounts of compensation payable otherwise than in respect of the death of a worker or in accordance with the Table appended to subsection (1) of section 11, shall apply with respect to every payment of compensation made on or after the 1st day of July, 1975 irrespective of the date of occurrence or origin of the injury or disease giving rise to the right to compensation and notwithstanding that compensation had accrued or was payable before the 1st day of July, 1975 but was unpaid before that date or that—
an award for a lesser rate or amount may have been made by the Board before the said day; or
payment at a lesser rate or of a lesser amount may have been made before the said day.
S. 2B inserted by No. 8733 s. 2, substituted by No. 9297 s. 2.
This section applies to a policy of accident insurance or indemnity operating to insure or indemnify an employer against claims under this Act.
Subject to subsections (3) and (4), a policy shall not insure or indemnify the employer against any additional amount payable by him by virtue of the provisions of the Workers Compensation (Amendment) Act 1975.
Where the employer is not entitled to be recompensed from the Fund for any additional amount payable by him the policy shall insure or indemnify the employer for that amount.
S. 2B(4) amended by No. 10191 s. 258(1)(a) (i)–(iii).
Subsection (3) shall not be construed as having required an employer to be insured or indemnified in respect of any amount in respect of which an employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
In this section and in section 2C—
additional amount means an amount by which the sum payable as compensation under this Act as in force immediately before 1 July 1975 in respect of an injury of a worker arising out of or in the course of the employment of the worker before 1 July 1975 is increased by virtue of a provision of the Workers Compensation (Amendment) Act 1975;
S. 2B(5) def. of employer substituted by No. 10191 s. 258(1)(b).
employer means an employer who was required to obtain a policy of accident insurance or indemnity pursuant to section 72(1)(a) as in force before the appointed day.
S. 2B(5) def. of Fund repealed by No. 10191 s. 258(1)(b).
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S. 2C inserted by No. 8733 s. 2, substituted by No. 9297 s. 2.
Where an additional amount is payable by an employer as compensation by virtue of section 2A(3), so far as it relates to rates of compensation, the employer shall, subject to subsections (2), (3) and (4), be entitled to be recompensed from the Fund for that additional amount.
S. 2C(2) amended by No. 10191 s. 258(2)(a).
Where in pursuance of the provisions of section 72(1)(a) as in force before the appointed day an employer had elected not to be indemnified or insured in respect of the first $500 of any claim for compensation, subsection (1) shall not entitle him to be recompensed from the Fund in respect of that first $500.
S. 2C(3) amended by Nos 10191 s. 258(2)(b), 50/1994 s. 110(a).
Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $25 930, subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $25 930.
S. 2C(4) amended by Nos 10191 s. 258(2)(c), 50/1994 s. 110(b).
Where in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $25 930, subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $25 930.
S. 2C(5) amended by Nos 10191 s. 258(2)(d), 50/1994 s. 110(c).
An insurer may, and shall if required by the Authority to do so, pay on behalf of an employer any additional amount payable as compensation by virtue of section 2A(3), so far as it relates to rates of compensation.
S. 2C(6) amended by Nos 10191 s. 258(2)(e) (i)–(iii), 50/1994 s. 110(c).
Subsection (5) shall not be construed as permitting the Authority to require an insurer to pay or the insurer to pay the first $500 of any claim in respect of which the employer had elected not to be indemnified or insured pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
Subject to subsections (8) and (9), where an insurer pays or is required to pay an amount under subsection (5), the insurer shall be entitled to be recompensed from the Fund for that additional amount.
S. 2C(8) amended by Nos 10191 s. 258(2)(f), 50/1994 s. 110(a).
Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $25 930, subsection (7) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $25 930.
S. 2C(9) amended by Nos 10191 s. 258(2)(g), 50/1994 s. 110(b).
Where in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $25 930, subsection (7) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the total liability exceeds $25 930.
Where in respect of an injury of a worker an employer or insurer—
has been recompensed from the Fund in pursuance of subsection (1) or subsection (7); and
has recovered by virtue of section 62 an amount of damages in respect of that injury—
the employer or insurer shall forthwith pay into the Fund an amount equal to an amount calculated in accordance with the formula [Image unavailable] where—
A is the amount that has been recompensed from the Fund;
B is the amount recovered by virtue of section 62; and
C is the total amount of compensation payable under this Act.
S. 2C(11) amended by Nos 10191 s. 258(2)(h), 50/1994 s. 110(d).
Where—
S. 2C(11)(a) amended by Nos 10191 s. 258(2)(h), 50/1994 s. 110(d).
in pursuance of section 9(2) the County Court awards a lump sum in respect of an injury of a worker arising out of or in the course of the employment of the worker before 1 July 1975; and
S. 2C(11)(b) amended by Nos 10191 s. 258(2)(h), 50/1994 s. 110(d).
the County Court considers that the worker's total or partial incapacity for work resulting from that injury continues or will continue after 30 June 1975—
the County Court shall specify—
the period of total or partial incapacity for which the award is calculated;
the weekly payment used to calculate the sum awarded for the period of total or partial incapacity ending on 30 June 1975; and
the weekly payment used to calculate the sum awarded for the period of total or partial incapacity commencing on and from 1 July 1975.
S. 2D inserted by No. 9297 s. 2.
Subject to subsection (2) but notwithstanding anything to the contrary in any other provision of this Act or in any rule of law or construction, the provisions of this Act as amended by section 6 of the Workers Compensation (Miscellaneous Provisions) Act 1979 so far as they relate to the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of an injury of a worker shall apply with respect to every payment of compensation made on or after the commencement of this section, whether the date of the occurrence of the injury was before or is on or after the commencement of this section and irrespective of the origin of the injury or disease giving rise to the compensation, and notwithstanding the fact that compensation had accrued or was payable before the said commencement but was unpaid before that date or that—
an award for a lesser rate or amount may have been made by the Board before the said date; or
payment at a lesser rate or of a lesser amount may have been made before that date.
Notwithstanding anything to the contrary in this Act or in any rule of law or construction, where the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of an injury of a worker are increased or decreased in any year pursuant to the provisions of section 9(3), the rates and amounts of compensation as so increased or decreased shall apply in respect of every payment of compensation accruing on or after 1 July in that year whether the date of the occurrence of the injury was before or is on or after that date and irrespective of the origin of the injury or disease giving rise to the compensation, and notwithstanding the fact that—
S. 2D(2)(a) amended by Nos 10191 s. 258(3), 50/1994 s. 110(e).
an award for a lesser rate or amount may have been made by the Board, the Tribunal or the County Court (as the case may be) before that date; or
payments at a lesser rate or of a lesser amount may have been made before that date.
The provisions of this Act, so far as they relate to rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of the death of a worker, shall—
where the death occurs on or after the commencement of this section—apply as amended by section 6 of the Workers Compensation (Miscellaneous Provisions) Act 1979; and
except as provided by paragraph (a)—continue to apply notwithstanding the commencement of section 6 of the Workers Compensation (Miscellaneous Provisions) Act 1979 as in force immediately before the said commencement.
Where the rates or amounts of compensation payable in accordance with the clauses under the heading ''The Clauses Referred To'' in section 9 in respect of the death of a worker are increased or decreased in accordance with the provisions of section 9(3), the rates or amounts of compensation shall—
where the death occurs on or after the date of the increase or decrease—apply as so increased or decreased; and
except as provided by paragraph (a)—continue to apply notwithstanding the increase or decrease as in force immediately before the increase or decrease.
S. 2E inserted by No. 9297 s. 2.
This section applies to a policy of accident insurance or indemnity operating to insure or indemnify an employer against claims under this Act.
Subject to subsections (3) and (4), a policy shall not insure or indemnify the employer against any additional amount payable by him by virtue of the provisions of section 2D(1) or section 2D(2).
Where the employer is not entitled to be recompensed from the Fund for any additional amount payable by him, the policy shall insure or indemnify the employer for that amount.
S. 2E(4) amended by No. 10191 s. 258(4) (a)–(c).
Subsection (3) shall not be construed as having required an employer to be insured or indemnified in respect of an amount in respect of which an employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
S. 2F inserted by No. 9297 s. 2.
S. 2F(1) amended by No. 9613 s. 4(a).
Where an additional amount is payable by an employer as compensation by virtue of section 2D(1) or section 2D(2) so far as it relates to rates of compensation the employer shall, subject to subsections (1A), (2), (3) and (4), be entitled to be recompensed from the Fund for that additional amount.
S. 2F(1A) inserted by No. 9613 s. 4(b).
An employer shall not be entitled to be recompensed from the Fund for an additional amount in respect of an injury of a worker occurring after 1 July 1982.
S. 2F(2) amended by No. 10191 s. 258(5)(a).
Where in pursuance of section 72(1)(a) as in force before the appointed day an employer had elected not to be insured or indemnified in respect of the first $500 for a claim of compensation, subsection (1) shall not entitle him to be recompensed from the Fund in respect of that first $500.
S. 2F(3) amended by Nos 10191 s. 258(5)(b), 50/1994 s. 110(a).
Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it, and the amount of the compensation awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3), subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3).
S. 2F(4) amended by Nos 10191 s. 258(5)(c), 50/1994 s. 110(b).
Where, in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9 the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with section 9(3), subsection (1) shall not entitle the employer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $36 960 or (as the case requires) that amount as increased or decreased in accordance with section 9(3).
S. 2G inserted by No. 9297 s. 2.
S. 2G(1) amended by Nos 10191 s. 258(6)(a), 50/1994 s. 110(c).
An insurer may, and shall, if required by the Authority to do so, pay on behalf of an employer any additional amount payable as compensation by virtue of section 2D(1) or section 2D(2), so far as it relates to rates of compensation.
S. 2G(2) amended by Nos 10191 s. 258(6)(b) (i)–(iii), 50/1994 s. 110(c).
Subsection (1) shall not be construed as permitting the Authority to require an insurer to pay or the insurer to pay the first $500 of any claim in respect of which the employer had elected not to be insured or indemnified pursuant to the provisions of section 72(1)(a) as in force before the appointed day.
S. 2G(3) amended by No. 9613 s. 5(a).
Subject to subsections (3A), (4) and (5), where an insurer pays or is required to pay an amount under subsection (1), the insurer shall be entitled to be recompensed for that additional amount from the Fund.
S. 2G(3A) inserted by No. 9613 s. 5(b).
An insurer shall not be entitled to be recompensed from the Fund for an amount paid or required to be paid under subsection (1) on behalf of an employer which relates to any additional amount payable in respect of an injury of a worker occurring after 1 July 1982.
S. 2G(4) amended by Nos 10191 s. 258(6)(c), 50/1994 s. 110(a).
Where in pursuance of this Act the Board has made, the Tribunal has made or the County Court makes (as the case may be) an award with the consent of the parties to the proceedings before it and the amount of compensation awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3), subsection (3) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the amount awarded exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with the provisions of section 9(3).
S. 2G(5) amended by Nos 10191 s. 258(6)(d), 50/1994 s. 110(b).
Where, in pursuance of clause 1(b)(iii) under the heading ''The Clauses Referred To'' in section 9, the Board has determined, the Tribunal has determined or the County Court determines (as the case may be) that the total liability of an employer exceeds $36 960, or (as the case requires) that amount as increased or decreased in accordance with section 9(3), subsection (3) shall not entitle the insurer to be recompensed from the Fund in respect of the amount by which the total liability of the employer exceeds $36 960 or (as the case requires) that amount as increased or decreased in accordance with section 9(3).
S. 2H inserted by No. 9297 s. 2.
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