Australian Capital Territory

workers’ compensation regulations
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 1 June 1998
TABLE OF PROVISIONS
Regulation
	1.	Short title
	2.	Interpretation
	3.	Claim by worker
	4.	Claim by dependant
	6.	Form of medical certificate
	7.	Frequency of medical examinations
	12.	Witnesses to declarations
	13.	Diseases related to employment
	14.	Costs of conveyance
	15.	Costs of accommodation and meals
	16.	Prescribed offences and fines
Schedule 1
Forms
Schedule 2
Diseases related to employment
schedule 3
on-the-spot-fines

1. 	Short title
	These Regulations may be cited as the Workers’ Compensation Regulations.1

2. 	Interpretation
(1) 	In these Regulations, “the Act” means the Workers’ Compensation Act 1951.
(2) 	In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.
3. 	Claim by worker
	A claim by a worker for compensation shall be made in accordance with Form 1 and shall be delivered or sent by post in a registered letter to the person against whom the claim is made.
4. 	Claim by dependant
	A claim by a dependant for compensation shall be made in accordance with Form 2 and shall be delivered or sent by post in a registered letter to the person against whom the claim is made.
6. 	Form of medical certificate
	Where the Registrar of the Court refers a matter to a medical referee under a provision of the Act other than a provision of section 10A, 10B or 10C, the medical referee shall furnish the Registrar of the Court with a report in accordance with Form 3 in relation to the matter.
7. 	Frequency of medical examinations
	A worker shall not, after the expiration of one month from the date on which the first payment of compensation was made, be required to submit himself or herself for medical examination pursuant to clause 10 of Schedule 1 to the Act except as follows:
At reasonable hours, once a week during the second month, and once a month during the third, fourth, fifth and sixth months after that first payment, and thereafter, once every 2 months.
12. 	Witnesses to declarations
	The truth of the statements made in a claim referred to in regulation 3 or 4 shall be declared before one of the following persons:
A postmaster or person in charge of a post office, a magistrate, a justice of the peace, a legal practitioner, a school head teacher, a member of the police force, a medical practitioner, a notary public, a commissioner for declarations, a minister of religion, or a member of the Legislative Assembly or the Parliament. 
13. 	Diseases related to employment
	For the purposes of section 9A of the Act, a disease of a kind specified in column 1 of Schedule 2 is related to employment of a kind specified in column 2 of that schedule opposite the reference to that disease in column 1.
14. 	Costs of conveyance
(1) 	For the purposes of paragraph 11 (3A) (b) of the Act, the cost of conveyance of a worker to and from any place for the purposes of undergoing medical treatment shall be ascertained as follows:
	(a)	where an injured worker is, by reason of his or her injury, so incapacitated as to be unable to be conveyed in a motor vehicle, other than an ambulance—the actual cost of conveyance;
	(b)	where an injured worker is able to be and is conveyed in a private motor vehicle (whether by himself or herself or another person)—38 cents per kilometre;
	(c)	where an injured worker is able to be conveyed in a private motor vehicle or by public transport—
	(i)	but —
	(A)	he or she is prohibited by law from conveying himself or herself in the vehicle; and
	(B)	no other person is available to convey the worker in a private motor vehicle; or
	(ii)	but no private motor vehicle is available;
and the worker is conveyed by public transport—the actual cost of conveyance;
	(d)	where an injured worker is able to be conveyed in a private motor vehicle or by public transport but—
	(i)	no private motor vehicle is available; or
	(ii)	it is inappropriate or unreasonable in the circumstances to use public transport;
and the worker is conveyed by taxi—the actual cost of conveyance;
	(e)	where a private motor vehicle, public transport or taxi is not reasonably available or appropriate in the circumstances—the reasonable cost of conveyance.
(2) 	An amount prescribed by this regulation shall be adjusted in accordance with the Index number as varied from time to time.
15. 	Costs of accommodation and meals
(1) 	For the purpose of paragraph 11 (3A) (c) of the Act, the cost of accommodation (including the cost of meals) for a worker shall be ascertained in accordance with the following table:

Accommodation	Cost	

Adelaide
Bathurst
Brisbane
Canberra
Darwin
Hobart
Melbourne
Newcastle
Perth
Sydney
Wollongong
Any other city or town	$
75.00
65.00
103.00
73.00
95.00
70.00
102.00
65.00
98.00
113.00
65.00
52.00	
Meals	Cost	

Breakfast
Lunch
Dinner	$
10.00
11.00
21.00	
(2) 	A worker is not entitled to payment for a meal unless the meal is consumed while the worker—
	(a)	is travelling to or from medical treatment for which compensation is payable under section 11 of the Act;
	(b)	is at a place for the purpose of receiving such medical treatment; or
	(c)	is staying at accommodation for which compensation is payable under that section.
(3) 	An amount prescribed by this regulation shall be adjusted in accordance with the Index number as varied from time to time.
16. 	Prescribed offences and fines
(1) 	For the purposes of Part VIB of the Act, a prescribed offence is an offence against a provision of the Act referred to in column 1 of Schedule 3.
(2) 	For the purposes of paragraph (a) of the definition of ‘on-the-spot fine’ in section 26G of the Act, the prescribed fine in relation to an offence prescribed by subregulation (1) is the fine specified in column 2 of the item that relates to that offence.

Schedule 1
	Australian Capital Territory	Form 1
Workers’ Compensation Act 1951
Claim for compensation by incapacitated worker
To: *
I [here write full name] of [here write full postal address] hereby claim compensation under the Workers’ Compensation Act 1951 in respect of personal injury sustained by me and arising out of and in the course of my employment and declare that, to the best of my knowledge and belief, the following replies to the questions and requests for information are true and correct in every particular:
Questions and Requests for Information	Replies	
In what capacity were you employed at the time of your injury? ..........		
State the nature of your injury; also how, when and where it was caused  		
If you are claiming in respect of incapacity arising from an industrial disease—
(a)	What is nature of the disease? .......................................
(b)	When was it caused? ...................................................
(c)	When were you first incapacitated by such disease? ............
(d)	What was the nature of your employment and for what period were you engaged thereon? ...........................................
(e)	If you have previously suffered from such disease state—
(i)	The approximate date on which it first manifested itself ............................................................
(ii)	The extent to which it interfered with your employment ....................................................		
Was notice of the accident or incapacity served? ............................
If so, on whom, and on what date? ..............................................		
Have you engaged in any employment since the date of your injury or incapacity?   If so, give full particulars .....................................		
If this claim is made more than six months after the occurrence of the accident or incapacity, give reasons for failure to make the claim within that period ...............................................................		
Have you a claim against any person, firm or company for compensation, or for any payment in respect of the injury under any other law in force in the Territory or any other place? ...................		
If you have any living children under the age of 16, or any dependent children between the ages of 16 and 25 who are full-time students, give particulars—
Full names of children	Dates of birth	Extent of dependence on worker at time of injury	
			
Declared at		on the		day of		19  .
	Signature of Declarant
	Before me †
	‡
* The claim should be addressed to the person, firm or company in or by which the worker was employed at the time of the accident.
† The person before whom this declaration is made should sign here and add the title by which he or she takes the declaration, such as “Postmaster”, &c.
‡ The declaration may be made before any of the following persons:
A postmaster or person in charge of a post office, a magistrate, a justice of the peace, a legal practitioner, a school head teacher, a member of the police force, a medical practitioner, a notary public, a commissioner for declarations, a minister of religion, or a member of the Legislative Assembly or the Parliament. 

	Form 2
Australian Capital Territory
Workers’ Compensation Act 1951
Claim for compensation by dependant of worker
To: *
I [here write full name] of [here write full postal address] hereby claim compensation under the Workers’ Compensation Act 1951 for myself and the children named below in respect of the death of [here write full name of deceased worker] and declare that, to the best of my knowledge and belief, the following replies to the questions and requests for information are true and correct in every particular:
Questions and Requests for Information	Replies	
In what capacity was the above-named worker employed at the time of his or her injury? ................................................................		
State the nature of such injury; also how, when and where it was caused .........................................................................................		
If the death of the worker was caused by an industrial disease—
(a)	What was nature of disease? ..........................................
(b)	When was it caused? ...................................................
(c)	When was he or she first incapacitated by such disease? .......
(d)	What was the nature of his or her employment and for what period was he or she engaged thereon? .............................
(e)	If he or she ever previously suffered from such disease, state—
(i)	The approximate date on which it first manifested itself ...........................................................
(ii)	The extent to which it interfered with his or her employment  .................................................		
Was notice of the accident or incapacity served? ............................
If so on whom and on what date? ................................................		
What is your relationship to the deceased worker?........................		
Were you dependent upon his or her earnings at the time of his or her death? ..............................................................................
If so, state whether you were wholly dependent ..............................		
If you were only in part dependent, give full particulars ....................		
Was any other person contributing towards your maintenance at the time of his or her death, or did you at that time have any other means of support? .......................................................................
If so, give full particulars .........................................................		
Are you in receipt of an Invalid or Old-age Pension? ........................
If so, give full particulars .........................................................		

Questions and Requests for Information	Replies	

Are you receiving or entitled to receive any payment under any law other than the Workers’ Compensation Act 1951 in respect of the death of the aforesaid worker? .............................................
If so, give particulars .............................................................		
Give the names, addresses, and relationships to the worker, of all other persons (except children) known to you, who were dependent upon his or her earnings at the time of his or her death .........................		
If this claim is made more than six months after the accident or incapacity, give reasons for failure to make the claim within that period ..............................................................................		
Have you a claim against any person, firm or company for compensation, or for any payment in respect of the injury under any other law in force in the Territory or any other place? ...................		

Full names of children of deceased worker	Dates of birth	State whether wholly dependent on earnings of worker at time of his or her death	If not wholly dependent, give full particulars	
				
	Declared at	on the	day of		19  .
	Signature of Declarant
	Before me †
	‡
* The claim should be addressed to the person, firm or company in or by which the worker was employed at the time of the accident.
† The person before whom this declaration is made should sign here and add the title by which he or she takes the declaration, such as “Postmaster”, &c.
‡ The declaration may be made before any of the following persons:
A postmaster or person in charge of a post office, a magistrate, a justice of the peace, a legal practitioner, a school head teacher, a member of the police force, a medical practitioner, a notary public, a commissioner for declarations, a minister of religion, or a member of the Legislative Assembly or the Parliament. 

Form 3
Australian Capital Territory
Workers’ Compensation Act 1951
Report of medical referee or medical practitioner
I, 		, *a Medical Referee appointed under the Workers’ Compensation Act 1951 or *a duly qualified medical practitioner, have this day examined 	of		, a claimant for compensation.
On examination—
I find that the claimant is suffering from	.
The above-mentioned condition is the result of	.
The claimant is thereby incapacitated at present to the extent of		per cent of total incapacity at his or her usual occupation and	per cent of total incapacity in the general labour market.  The claimant is fit to undertake employment in such occupations as—
In my opinion the claimant *has/*has not previously suffered from the above-mentioned disease.
The disease *is/is not of such a nature as is contracted by a gradual process.
General remarks—
	* Medical Referee.
	* Medical Practitioner.
Date	/	/19	.
*  Strike out whichever is inapplicable
Fully describe claimant’s condition
State whether accident or disease

	Schedule 2	Regulation 13
Diseases related to employment
	Column 1
Disease	Column 2
Employment	
1.	Anthrax .........................................	Employment in connection with
(a)	animals infected with anthrax;
(b)	animal carcasses or parts of such carcasses;
(c)	wool, hair, bristles, hides or skins; or
(d)	loading, unloading or transport of animals, animal carcasses or parts of such carcasses, wool, hair, bristles, hides or skins	
2.	Ankylostomiasis .............................	Employment in or about a mine	
3.	Asbestosis .....................................	Employment involving exposure to, or contact with, asbestos	
4.	Chrome ulceration of skin or mucous membrane; any of the sequelae of such an ulceration	Employment involving exposure to or contact with
(a)	chromic acid; or
(b)	bichromate of
(i)	ammonium;
(ii)	potassium; or
(iii)	sodium,
or a preparation containing any of those substances	
5.	Mesothelioma .................................	Employment involving exposure to, or contact with, asbestos	
6.	Pathological condition caused by
(a)	radium or another radioactive substance; or
(b)	x-rays	Employment involving exposure to or contact with radium, other radioactive substances or x-rays	
7.	Pneumoconiosis ..............................	Employment involving inhalation of matter capable of causing pneumoconiosis	
8.	Poisoning by antimony or a compound of antimony; any of the sequelae of such a poisoning	Employment involving exposure to or contact with antimony, a compound of antimony or a preparation containing antimony or such a compound	
9.	Poisoning by arsenic or a compound of arsenic; any of the sequelae of such a poisoning	Employment involving exposure to or contact with arsenic, a compound of arsenic or a preparation containing arsenic or such a compound	
10.	Poisoning by benzene, a homologue of benzene or a nitro-derivative or amido-derivative of benzene; any of the sequelae of such a poisoning	Employment involving exposure to or contact with benzene, a homologue of benzene or a nitro-derivative or amido-derivative of benzene	
11.	Poisoning by beryllium or a compound of beryllium; any of the sequelae of such a poisoning	Employment involving exposure to or contact with beryllium, a compound of beryllium or a preparation containing beryllium or such a compound	
12.	Poisoning by cadmium or a compound of cadmium; any of the sequelae of such a poisoning	Employment involving exposure to or contact with cadmium, a compound of cadmium or a preparation containing cadmium or such a compound	
13.	Poisoning by carbon bisulphide ..........	Employment involving exposure to or contact with carbon bisulphide	
14.	Poisoning by carbon monoxide ...........	Employment involving exposure to carbon monoxide	
15.	Poisoning by copper or a compound of copper; any of the sequelae of such a poisoning	Employment involving exposure to or contact with copper, a compound of copper or a preparation containing copper or such a compound	
16.	Poisoning by a halogen derivative of a hydrocarbon of the aliphatic series	Employment involving exposure to or contact with a halogen derivative of a hydrocarbon of the aliphatic series	
17.	Poisoning by hydrogen cyanide or a compound of hydrogen cyanide	Employment involving exposure to or contact with hydrogen cyanide, a compound of hydrogen cyanide or a preparation containing hydrogen cyanide or such a compound	
18.	Poisoning by hydrogen sulphide ..........	Employment involving exposure to hydrogen sulphide	
19.	Poisoning by lead or a compound of lead; any of the sequelae of such a poisoning	Employment involving exposure to or contact with lead, a compound of lead or a preparation containing lead or such a compound	
20.	Poisoning by manganese or a compound of manganese; any of the sequelae of such a poisoning	Employment involving exposure to or contact with manganese, a compound of manganese or a preparation containing manganese or such a compound	
21.	Poisoning by mercury or a compound of mercury; any of the sequelae of such a poisoning	Employment involving exposure to or contact with mercury, a compound of mercury or a preparation containing mercury or such a compound	
22.	Poisoning by an oxide of nitrogen; any of the sequelae of such a poisoning	Employment involving contact with nitric acid or the inhalation of oxides of nitrogen	
23.	Poisoning by phosphorus or a compound of phosphorus; any of the sequelae of such a poisoning	Employment involving exposure to or contact with phosphorus, a compound of phosphorus or a preparation containing phosphorus or such a compound	
24.	Poisoning by vanadium or a compound of vanadium; any of the sequelae of such a poisoning	Employment involving exposure to or contact with vanadium, a compound of vanadium or a preparation containing vanadium or such a compound	
25.	Poisoning by zinc or a compound of zinc; any of the sequelae of such a poisoning	Employment involving exposure to or contact with zinc, a compound of zinc or a preparation containing zinc or such a compound	
26.	Primary epitheliomatous cancer of the skin	Employment involving exposure to or contact with tar, pitch, bitumen, mineral oil, paraffin or a compound, product, or residue of any of those substances	
27.	Q Fever .........................................	Employment involving exposure to or contact with Coxiella burnetii	
28.	Tenosynovitis ................................	Employment which requires repetitive movements of a hand and forearm

	SCHEDULE 3	Regulation 16
On-the-spot fines

Item	Column 1
Offence	Column 2
Fine—penalty units	
1	Subsection 15D (2)	2	
2	Subsection 15D (3)	1	
3	Subsection 15E (2)	1	
4
	Subsection 17B (1)	10	

NOTES
1.	The Workers' Compensation Regulations (a) (in force under the Workers' Compensation Act 1951) as shown in this reprint comprise Regulations 1946 No. 4 amended as indicated in the Tables below.
	The Worker’s Compensation Regulations were amended by the Magistrates Court Ordinance 1985 , the Self-Government (Consequential Amendments) Ordinance 1989 and the Magistrates, Coroner’s Courts (Registrar) Act 1991 and the Legal Practitioners (Consequential Amendments) Act 1997 (No. 96, 1997).  The amendments are incorporated in this reprint.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Subordinate Laws
Regulation
No.	Date of making	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

1946 No. 4	10 Oct 1946	17 Oct 1946	17 Oct 1946		
1959 No. 25	31 Dec 1959	31 Dec 1959	31 Dec 1959	—	
1969 No. 6	15 July 1969	24 July 1969	24 July 1969	—	
1979 No. 26	26 Nov 1979	29 Nov 1979	29 Nov 1979	—	
1983 No. 26	22 Dec 1983	30 Dec 1983	30 Dec 1983	—	
1991 No. 38	20 Dec 1991	15 Jan 1992	Rr. 1 and 2:  15 Jan 1992
Remainder:  22 Jan 1992 (see r. 1 (2) and Gazette 1992, No. S9)	—	
(Reprinted as at 31 January 1992)	
No. 39, 1997
	16 Dec 1997	17 Dec 1997	17 Dec 1997	—	
(a)	Section 2 of the Workers’  Compensation Act 1951 provides as follows:
	  “2.  (1)  The Workmen’s Compensation Ordinance 1946 and the Workmen’s Compensation Ordinance 1948 are repealed.
	  “(2)  All rules and regulations made under the Ordinances repealed by the last preceding subsection and in force immediately prior to the commencement of this Act shall, except in so far as they are inconsistent with this Act, continue in force as if they had been made under this Act and as if every reference in those rules or regulations to a provision repealed by this Act were a reference to the corresponding provision of this Act.
	  “(3)  The rules or regulations continued in force by this section may be repealed or amended by rules or regulations, as the case may be, made under this Act.”.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

R. 1	am. 1991 No. 38
R. 2	rs. 1979 No. 26
	am. 1983 No. 26; 1991 No. 38
Rr. 3, 4	am. 1979 No. 26; 1983 No. 26; 1991 No. 38
R. 5	rep. 1969 No. 6
R. 6	am. 1979 No. 26
	rs. 1983 No. 26
	am. Act No. 44, 1991
R. 7	am. 1979 No. 26; 1991 No. 38
Rr. 8, 9	am. 1979 No. 26
	rep. 1991 No. 38
R. 10	rep. 1959 No. 25
R. 11	rs. 1983 No. 26
	rep. 1991 No. 38
R. 12	am. 1979 No. 26; Ordinance No. 67, 1985; Ordinance No. 38, 1989; 1991 No. 38; Act No. 96, 1997
R. 13	ad. 1983 No. 26
Rr. 14-16	ad. No. 39, 1997
Heading to the Schedule	rep. 1979 No. 26
Heading to Schedule	ad. 1979 No. 26
	rep. 1983 No. 26
Heading to Schedule 1	ad. 1983 No. 26
The Schedule	am. 1959 No. 25
Schedule	am. 1979 No. 26
Schedule 1	am. Ordinance No. 67, 1985; Ordinance No. 38, 1989; 1991 No. 38; Act No. 96, 1997
Schedule 2	ad. 1983 No. 26
	am. Ordinance No. 38, 1989; No. 39, 1997
Schedule 3	ad. No. 39, 1997