Australian Capital Territory
Workers Compensation Regulation 2002    
SL2002-20
made under the
Workers Compensation Act 1951
Republication No 21
Effective:  17 December 2009 – 20 May 2010
Republication date: 17 December 2009
Last amendment made by A2009-56

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Workers Compensation Regulation 2002, made under the Workers Compensation Act 1951 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 December 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 17 December 2009.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Workers Compensation Regulation 2002
made under the
Workers Compensation Act 1951
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	2	Offences against regulation—application of Criminal Code etc	2
Part 2	Interpretation generally
	3	Dictionary	3
	4	Notes	3
	5	Approval of medical guidelines	3
	6	Meaning of clinically relevant research	4
	7	Approval of clinically relevant research	4
	8	Meaning of evidence-based methodology	5
	8A	Calculation of total wages—Act, s 7A, def total wages	5
Part 3	Medical assessments
Division 3.1	How medical assessments must be done
	9	Using evidence-based methodology	6
Division 3.2	Medical specialists
	10	Assessment by medical specialist—request by other than nominated treating doctor	7
	11	Specialist’s report about assessment	9
	12	Medical specialist as new nominated treating doctor	9
Part 4	Medical referees
	13	Consultation about appointment of medical referees	11
	14	Medical referee to review medical evidence etc	11
	15	Medical referee’s report	11
Part 5	Rehabilitation providers
Division 5.1	Preliminary
	16	Meaning of psychosocial factor	13
Division 5.2	Approval of rehabilitation providers
	17	Minister may approve rehabilitation providers	14
	18	Factors for approval as rehabilitation provider	14
	19	Application for approval as rehabilitation provider	14
	20	When may Minister approve rehabilitation provider?	15
Division 5.3	Conditions on rehabilitation providers
	21	Ability to provide vocational rehabilitation	16
	22	Qualifications of rehabilitation providers and their employees	16
	23	Written records by rehabilitation providers	17
	24	Electronic records by rehabilitation providers	18
	25	Giving information by rehabilitation providers	20
	26	Compliance with protocol by rehabilitation providers	20
	27	Establishing personal injury plan	20
	28	Other conditions on rehabilitation providers	20
Division 5.4	Role of approved rehabilitation provider and protocol
	29	Role of approved rehabilitation provider—general	21
	30	Role of approved rehabilitation provider—establishing personal injury plan	21
	31	Protocol about vocational rehabilitation	22
Division 5.5	Action against rehabilitation providers
	32	Notice of proposed action on rehabilitation provider’s approval	23
	33	Action other than revocation of rehabilitation provider’s approval	23
	34	Revocation of rehabilitation provider’s approval	24
	35	What if Minister decides to suspend or revoke rehabilitation provider’s approval?	25
Part 6	Conciliation
Division 6.1	Appointment and functions of conciliators
	36	Appointment of conciliators	27
	37	Function of conciliators	27
Division 6.2	Conciliations
	38	When must conciliation be held?	27
	39	Action by conciliator	28
	40	Particulars of matters in issue	28
	41	Parties to attend conciliation	28
	42	Parties must make genuine effort to agree	28
	43	Medical referee and conciliation	29
	44	Decision or recommendation by conciliator	29
	45	Who pays for conciliation?	30
	47	Protocol about conciliation	30
Part 7	Arbitration
	48	When may application for arbitration be filed?	31
	49	Commercial Arbitration Act not apply	31
	50	Representative committee already in existence	31
	51	When must Magistrates Court arbitrate matter?	32
	52	Committee may refer questions of law	32
	53	Powers of Magistrates Court on arbitration	32
	54	Medical referees	32
	55	Only 1 medical referee for arbitration	33
	56	Procedure on arbitration	33
	57	Costs	33
	58	Claim against arbitration award	34
Part 8	Compulsory insurance policies—contents
	59	Definitions for pt 8	35
	60	Insurer to indemnify employer	35
	61	Insurer to notify renewal	35
	62	Insurer to tell employer about certain obligations	36
	62A	Required information from employer in policy	36
	63	Services to be provided under policy	37
	64	Cancellation of insurance policy	37
	65	Compliance with Act by employer	37
	66	Result of under-reporting of wages by employer	37
	67	Insurance policy may contain other provisions	37
Part 9	Approved insurers
Division 9.1	Approval of insurers
	68	Application for approval of insurers	38
	69	When must Minister not approve insurer?	39
	70	How long does insurer’s approval last?	40
	71	What must insurer’s approval state?	40
Division 9.2	Conditions on insurers
	72	Information about ability to meet liabilities etc	40
	73	Information about workers compensation	40
	74	Information on working out premiums	41
	75	Principles for working out premiums	41
	76	Information to be given quickly	42
	77	Action if rehabilitation provider’s approval suspended or revoked	42
	78	Compliance with protocols by insurer	43
	79	Other conditions on insurers	43
Division 9.3	Action against insurers
	80	Notice of proposed action on insurer’s approval	43
	81	Action other than revocation of insurer’s approval	44
	82	Revocation of insurer’s approval	45
	83	What if Minister decides to suspend or revoke insurer’s approval?	47
	84	When does revocation make previous insurance policies not compulsory insurance policies?	47
Part 10	Self-insurers
Division 10.1	Preliminary
	85	Meaning of exemption	48
Division 10.2	Exemption by Minister
	86	What application for exemption must contain	48
	87	Minister may exempt	51
Division 10.3	Conditions on exemptions
	88	Giving information about workers compensation, vocational rehabilitation and occupational health and safety	52
	89	Action if rehabilitation provider’s approval suspended or revoked	52
	90	Compliance with protocols by self-insurer	52
	91	Other conditions on exemptions	52
Division 10.4	Action against self-insurers
	92	Notice of proposed action against self-insurer	53
	93	Action other than revocation of self-insurer’s exemption	53
	94	Revocation of self-insurer’s exemption	55
	95	What if Minister decides to suspend or revoke self‑insurer’s exemption?	56
Part 11	Miscellaneous
	96	Diseases related to employment	57
	98	Reviewable decision—Act, s 199 (b)	57
	98A	Notice of reviewable decision—Act, s 199A (1)	57
	98B	Internal review of certain decisions—Act, s 199B (1)	57
	99	Court approved termination	57
	100	Approved protocols about certain documents and information	58
Schedule 1	Diseases related to employment	60
Schedule 3	Reviewable decisions	64
Part 3.1	Reviewable decisions	64
Part 3.2	Internally reviewable decisions	67
Dictionary		68
Endnotes
	1	About the endnotes	71
	2	Abbreviation key	71
	3	Legislation history	72
	4	Amendment history	74
	5	Earlier republications	79
	6	Uncommenced amendments	80

Australian Capital Territory
Workers Compensation Regulation 2002     

made under the
Workers Compensation Act 1951

    

  

  

Part 1	Preliminary

1	Name of regulation
This regulation is the Workers Compensation Regulation 2002.
2	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to offences against this regulation (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Interpretation generally
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘injury management—see the Act, section 86.’ means that the term ‘injury management’ is defined in the Act, section 86.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, section 127 (1), (4) and (5) for the legal status of notes.
5	Approval of medical guidelines
	(1)	The Minister may, in writing, approve medical guidelines about—
	(a)	the diagnosis of, or prognosis or treatment for, injuries; or
	(b)	how to assess the extent of an injury for the Act, part 4.4 (Compensation for permanent injuries).
Note	Power given under a regulation to make a statutory instrument (including medical guidelines) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
	(2)	If the work safety council sets up an advisory committee mentioned in the Act, section 206 (Minister must take advice), the Minister must consider any recommendation made by the committee about proposed medical guidelines.
	(3)	An approved medical guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	An approved medical guideline may apply, adopt or incorporate an instrument, or a provision of an instrument, as in force at a particular time.
Note	The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
	(5)	The Legislation Act, section 47 (5) does not apply to a medical guideline mentioned in subsection (1) (b).
6	Meaning of clinically relevant research
In this regulation:
clinically relevant research means research—
	(a)	recognised as clinically relevant by a specialist medical college; or
	(b)	approved by the Minister under section 7.
7	Approval of clinically relevant research
	(1)	The Minister may, in writing, approve information (including information on an internet site) as clinically relevant research.
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	An approval may apply, adopt or incorporate an instrument, or a provision of an instrument, as in force from time to time.
Note	The Legislation Act, s 47 (3) provides that a statutory instrument may apply an instrument or provision of an instrument as in force only at a particular time.  Subsection (3) allows the approval to also apply, adopt or incorporate an instrument as in force from time to time.
	(4)	The Legislation Act, section 47 (5) and (6) does not apply to an instrument or a provision of an instrument mentioned in subsection (3).
Note	The text of an applied, adopted or incorporated instrument, whether applied as in force at a particular time or from time to time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
8	Meaning of evidence-based methodology
In this regulation:
evidence-based methodology means the application by a doctor of the doctor’s clinical expertise, and any relevant approved medical guidelines or clinically relevant research, to—
	(a)	identify the aetiology of an injured worker’s injury; and
	(b)	diagnose the injury; and
	(c)	give a prognosis for the injury; and
	(d)	make recommendations about medical treatment for the injury.
 U 	8A	Calculation of total wages—Act, s 7A, def total wages

Part 3	Medical assessments
Division 3.1	How medical assessments must be done
9	Using evidence-based methodology
	(1)	A doctor who does a medical assessment of an injured worker must do the assessment using evidence-based methodology.
Note	The Act, s 118 (2) provides that a medical certificate required to accompany a claim for weekly compensation must comply with the requirements for medical assessments under the regulations.
If s 118 (2) is not complied with, for example, if a medical certificate about an injured worker is deficient because it does not refer to an approved medical guideline or clinically relevant research for that type of injury, under the Act, s 119 the insurer may tell the worker about the deficiency.  The worker’s claim is not considered to have been made until the deficiency is fixed.
If the insurer does not tell a worker about a deficiency, the claim is taken to comply with s 118 (2) (see the Act, s 119 (3)).
	(2)	The doctor must record the results of the assessment, including the following matters:
	(a)	the aetiology of the worker’s injury;
	(b)	the diagnosis of the injury;
	(c)	the prognosis for the injury;
	(d)	the recommended medical treatment for the injury.
	(3)	However, for a later medical assessment of an injured worker, the doctor who does the assessment need record a matter mentioned in subsection (2) only if the doctor considers that there has been a change in the matter.
	(4)	In this section:
initial medical assessment, of an injured worker, means the first medical assessment by the worker’s doctor for a medical certificate mentioned in the Act, section 116 (2) (Making claim for compensation).
later medical assessment, of an injured worker, means a medical assessment other than—
	(a)	an initial or second medical assessment of the worker; or
	(b)	if the worker’s nominated treating doctor is replaced by another nominated treating doctor—the first medical assessment of the worker by the new nominated treating doctor.
second medical assessment means an assessment mentioned in the Act, section 72 (Second assessments).
Division 3.2	Medical specialists
10	Assessment by medical specialist—request by other than nominated treating doctor
	(1)	This section does not apply to a request by an injured worker’s nominated treating doctor for a medical assessment of the worker by a medical specialist.
	(2)	The following (the requesting person) may request a medical assessment of an injured worker by a medical specialist:
	(a)	the worker;
	(b)	the worker’s lawyer;
	(c)	the worker’s employer;
	(d)	the employer’s insurer.
	(3)	At least 2 weeks before the day of the medical assessment, written notice of the request must be given—
	(a)	if the request is made by the worker or the worker’s lawyer—to the worker’s employer and the employer’s insurer; or
	(b)	if the request is made by the worker’s employer or the employer’s insurer—to the worker and the worker’s lawyer.
	(4)	Subsection (3) does not prevent a medical assessment of the worker happening with less than the 2 weeks notice if the parties agree to the shorter notice.
	(5)	The notice must state—
	(a)	the reasons for the request (including a brief description of any particular thing that led to the request); and
	(b)	why the medical specialist is the appropriate specialist to do the medical assessment; and
	(c)	which of the following matters are to be assessed in relation to the injury:
	(i)	aetiology;
	(ii)	diagnosis;
	(iii)	prognosis; 
	(iv)	recommended medical treatment.
Example for par (a)
An insurer disagrees with an injured worker’s nominated treating doctor’s assessment that the worker has suffered a relapse, and needs more time off work.  The insurer considers that the time off does not relate to the injury.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	The requesting person, and the people to whom the requesting person must give notice under subsection (3), must give all medical evidence about the injured worker to the medical specialist at least 2 working days before the day of the medical assessment.
11	Specialist’s report about assessment
	(1)	A medical specialist assessing an injured worker must, when asked by someone (the requesting person) under section 10 (2), prepare a report about the medical assessment.
	(2)	If the medical specialist’s assessment differs from the medical evidence about the injured worker, the report must state—
	(a)	how the assessment differs and why; and
	(b)	why the medical specialist’s assessment is preferable.
	(3)	If there is no difference between the medical specialist’s assessment and the medical evidence, the report must say there is no difference.
	(4)	The requesting person must give a copy of the report to the people to whom the requesting person must give notice under section 10 (3) within 5 working days after the day the report is given to the requesting person.
Note	An injured worker’s nominated treating doctor may adopt (completely or partly) a medical specialist’s assessment about treatment for the worker’s treatment.
12	Medical specialist as new nominated treating doctor
	(1)	This section applies if the nominated treating doctor (the treating doctor) for an injured worker considers it appropriate that a medical specialist becomes the nominated treating doctor for the worker, and the worker agrees.
	(2)	The treating doctor may ask the medical specialist, in writing, to become the nominated treating doctor for the worker.
	(3)	If the medical specialist agrees in writing, the medical specialist becomes the nominated treating doctor for the worker instead of the treating doctor.

Part 4	Medical referees
    
13	Consultation about appointment of medical referees
If the work safety council sets up an advisory committee mentioned in the Act, section 206 (Minister must take advice), the Minister may ask the committee to give advice about who should be a medical referee.
14	Medical referee to review medical evidence etc
	(1)	This section applies to a medical referee for a conciliation or arbitration.
	(2)	The medical referee must—
	(a)	review the medical evidence about the injured worker; and
	(b)	review any relevant approved medical guidelines or clinically relevant research about the worker’s injury; and
	(c)	apply the referee’s clinical expertise to the review under paragraphs (a) and (b); and
	(d)	do a medical assessment of the worker, unless the referee considers it unnecessary.
15	Medical referee’s report
	(1)	A medical referee’s report for a conciliation or arbitration must state—
	(a)	the results of the referee’s assessment of the aetiology or diagnosis of, or the prognosis or recommended medical treatment for, the worker’s injury; and
	(b)	if the referee’s assessment differs from the medical evidence about the worker’s injury—
	(i)	how the assessment differs and why; and
	(ii)	why the referee’s assessment is preferable; and
	(c)	if the referee considered it unnecessary to assess the worker—why the referee did not consider it necessary.
Example of why assessment may differ
The medical evidence does not take into account relevant approved medical guidelines or clinically relevant research.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If there is no difference between the medical referee’s assessment and the medical evidence, the report must say there is no difference.

 U 	Part 5	Rehabilitation providers
 U 	Division 5.1	Preliminary
 U 	16	Meaning of psychosocial factor
	(1)	In this part:
psychosocial factor, for an injured worker, means a person or thing forming part of the worker’s social environment that may inhibit the progress of the worker’s vocational rehabilitation.
Examples of people or things forming part of worker’s social environment
1	family members
2	workplace
3	other workers
4	friends
5	employers
6	doctors
7	other health care professionals
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	For this section, a person or thing inhibits the progress of an injured worker’s rehabilitation if the worker’s interaction with the person or thing influences the worker’s behaviour, level of distress, attitudes or beliefs about the injury or subjective experience of pain.
 U 	Division 5.2	Approval of rehabilitation providers
 U 	17	Minister may approve rehabilitation providers
	(1)	The Minister may, in writing, approve a person as a rehabilitation provider.
	(2)	The Minister may approve a rehabilitation provider for not longer than 3 years.
 U 	18	Factors for approval as rehabilitation provider
	(1)	In deciding whether to approve a person as a rehabilitation provider, the Minister must consider—
	(a)	the person’s qualifications; and
	(b)	if the person has employees who will be providing rehabilitation—the employees’ qualifications; and
	(c)	the effectiveness, availability and cost of rehabilitation services provided, or to be provided, by the person.
	(2)	The Minister may consider any other relevant matter.
 U 	19	Application for approval as rehabilitation provider
	(1)	An application for approval as a rehabilitation provider must contain or be accompanied by the following:
	(a)	a written statement by the applicant that the applicant has, or will have, the organisational structure and employees to adequately fulfil the role of approved rehabilitation provider and will comply with the conditions of approval for rehabilitation providers; 
	(b)	details of the rehabilitation services provided, or to be provided, by the applicant;
	(c)	details of the applicant’s organisational structure, or proposed organisational structure;
	(d)	if the applicant is a corporation—a description of the applicant’s corporate structure;
	(e)	details of any person with whom the applicant has a business association that relates to the provision of rehabilitation;
	(f)	an audited financial statement for the last financial year.
Examples for par (e)
1	partnership
2	subsidiary
3	joint venture
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Details of a rehabilitation service under subsection (1) (b) must include details of the effectiveness, availability and cost of the service.
	(3)	The Minister may, in writing, ask the applicant for any other relevant information.
 U 	20	When may Minister approve rehabilitation provider?
The Minister may approve a person as a rehabilitation provider only if satisfied that the person will, if approved—
	(a)	adequately fulfil the role of approved rehabilitation provider; and
	(b)	comply with the conditions on the person’s approval.
 U 	Division 5.3	Conditions on rehabilitation providers
 U 	21	Ability to provide vocational rehabilitation
	(1)	It is a condition of a rehabilitation provider’s approval that the rehabilitation provider maintain an organisational structure that allows the rehabilitation provider to provide appropriate, adequate and timely vocational rehabilitation services for injured workers.
	(2)	In particular, the rehabilitation provider must be able to contact an injured worker by close of business on the day after the day the worker is referred to the rehabilitation provider for vocational rehabilitation.
 U 	22	Qualifications of rehabilitation providers and their employees
	(1)	It is a condition of a rehabilitation provider’s approval that the rehabilitation provider, or an employee of the provider, must not provide a rehabilitation service unless qualified to provide the service.
	(2)	For this section, a person is qualified to provide a rehabilitation service mentioned in table 22, column 2 only if the person has the qualification mentioned in column 3 for the service.
Table 22
column 1
item	column 2
service	column 3
qualification	
1	occupational therapy	eligibility for membership of the Australian Association of Occupational Therapists	
2	physiotherapy	registration as a physiotherapist under the Health Professionals Act 2004	
3	rehabilitation counselling	eligibility for membership of the Australian Society of Rehabilitation Counsellors	
4	psychology services	registration as a psychologist under the Health Professionals Act 2004	
5	social work services	eligibility for membership of the Australian Association of Social Workers	
	(3)	For this section, a nurse is qualified to provide rehabilitation services if—
	(a)	the nurse has at least 12 months experience providing rehabilitation services; or
	(b)	the nurse has a qualification in safety science, occupational health and safety or ergonomics.
Note	For the meaning of nurse, see the Legislation Act, dict, pt 1.
 U 	23	Written records by rehabilitation providers
	(1)	It is a condition of a rehabilitation provider’s approval that the rehabilitation provider keeps a signed copy of each injured worker’s personal injury plan and written records in relation to each worker for whom the provider provides vocational rehabilitation.
	(2)	The written records must contain details about the following in relation to each injured worker:
	(a)	meetings with or about the worker;
	(b)	file notes about the development of a personal injury plan for the worker;
	(c)	reasons for any amendment of the worker’s personal injury plan;
	(d)	proposals in relation to suitable duties for the worker;
	(e)	any psychosocial factors affecting the worker.
 U 	24	Electronic records by rehabilitation providers
	(1)	It is a condition of a rehabilitation provider’s approval that the rehabilitation provider keep electronic records of the outcomes mentioned in table 24, column 2 as described in column 3 for the outcome for each injured worker for whom the provider provides vocational rehabilitation.
Table 24
column 1
item	column 2
outcome	column 3
description	
1	return to pre-injury work (pre-injury employer)	(a)	worker has returned to work (whether or not to pre-injury duties) with pre-injury employer on pre-injury hours; and
(b)	insurer is not paying compensation because of injury	
2	return to work on reduced capacity (pre‑injury employer)	(a)	worker has returned to work with pre-injury employer on reduced hours, modified duties or alternative duties; and
(b)	insurer may be paying compensation for injury to make up for reduced hours	
3	return to pre-injury work (new employer)	(a)	worker has returned to work (whether or not to pre-injury duties) with new employer on pre‑injury hours; and
(b)	insurer is not paying compensation for injury	
4	non-return to work (physical capacity demonstrated)	physical capacity of worker demonstrated by—
(a)	functional assessment as able to work at full or partial capacity; or
(b)	4 weeks work trial or paid employment	
5	
non-return to work (other)	(a)	worker has been medically assessed as unable to return to work in any capacity; or
(b)	worker has resigned or retired; or
(c)	worker’s claim has settled; or
(d)	worker has been convicted of fraud; or
(e)	worker has disappeared or died	
6	noncompliance with personal injury plan	worker has failed to take part in personal injury plan	
	(2)	Electronic records must be kept until the Minister tells the approved rehabilitation provider in writing that the records are not required to be kept.
	(3)	If an approved rehabilitation provider completely stops providing vocational rehabilitation under the Act for any reason, the rehabilitation provider must give the Minister the electronic records kept under this section.
 U 	25	Giving information by rehabilitation providers
It is a condition of a rehabilitation provider’s approval that the provider gives the Minister any information reasonably required in writing by the Minister to allow the Minister to assess whether the provider is adequately fulfilling the role of approved rehabilitation provider and complying with the conditions of the approval.
 U 	26	Compliance with protocol by rehabilitation providers
It is a condition of a rehabilitation provider’s approval that the provider complies with any protocol about vocational rehabilitation approved by the Minister.
 U 	27	Establishing personal injury plan
It is a condition of a rehabilitation provider’s approval that the provider complies with section 30 (Role of approved rehabilitation provider—establishing personal injury plan) if helping to establish a personal injury plan for an injured worker.
 U 	28	Other conditions on rehabilitation providers
The Minister may impose on a rehabilitation provider’s approval any condition relating to the fulfilment of the role of approved rehabilitation provider.
 U 	Division 5.4	Role of approved rehabilitation provider and protocol
 U 	29	Role of approved rehabilitation provider—general
An approved rehabilitation provider for an injured worker must liaise and negotiate with everyone involved in the worker’s rehabilitation in an independent way.
 U 	30	Role of approved rehabilitation provider—establishing personal injury plan
	(1)	This section applies if an approved rehabilitation provider helps to establish a personal injury plan for an injured worker.
	(2)	The approved rehabilitation provider must actively help the employer and worker to cooperate, and take part, in the development of the personal injury plan.
Examples of active help
1	arranging a meeting with the employer and worker
2	giving information to the employer and worker about personal injury plans
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The approved rehabilitation provider must have regard to—
	(a)	the medical evidence about the worker; and
	(b)	if a timetable for rehabilitation is recommended by the worker’s nominated treating doctor—the timetable; and
	(c)	any relevant approved medical guidelines or clinically relevant research.
	(4)	The approved rehabilitation provider must—
	(a)	initiate proposals for suitable duties for the worker; and
	(b)	initiate proposals for the worker’s return to suitable work; and
	(c)	identify any psychosocial factors affecting the worker; and
	(d)	identify any other factor inhibiting the worker’s vocational rehabilitation; and
	(e)	develop reasonable strategies to deal with any factor inhibiting the worker’s vocational rehabilitation.
	(5)	The approved rehabilitation provider must try to ensure that the personal injury plan—
	(a)	meets the needs of the particular worker; and
	(b)	takes into account the medical evidence about the worker; and
	(c)	takes into account any timetable for rehabilitation recommended by the worker’s nominated treating doctor; and
	(d)	takes into account any relevant approved medical guidelines or clinically relevant research.
	(6)	In this section:
employer means an employer other than a non-business employer.
non-business employer—see the Act, dictionary. 
 U 	31	Protocol about vocational rehabilitation
	(1)	The Minister may, in writing, approve a protocol about vocational rehabilitation.
	(2)	An approved protocol is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
 U 	Division 5.5	Action against rehabilitation providers
 U 	32	Notice of proposed action on rehabilitation provider’s approval
If the Minister proposes to take action (the proposed action) mentioned in section 33 (2) in relation to a rehabilitation provider, or to revoke the provider’s approval, the Minister must give the provider a notice—
	(a)	stating the proposed action; and
	(b)	stating the grounds for the proposed action; and
	(c)	inviting the provider to make written representations, within a stated period of not less than 14 days after the day the provider is given the notice, about why the proposed action should not be taken.
 U 	33	Action other than revocation of rehabilitation provider’s approval
	(1)	This section applies to an approved rehabilitation provider if—
	(a)	the provider—
	(i)	fails to adequately fulfil the role of approved rehabilitation provider; or
	(ii)	fails to comply with a condition of the provider’s approval; and
	(b)	the Minister has given the provider notice under section 32.
	(2)	After considering any written representation made by the rehabilitation provider within the period for representations stated in the notice, the Minister may—
	(a)	if the proposed action is to suspend the approval for a stated period—suspend the approval for not longer than the period, or do 1 or more of the things mentioned in paragraph (b); or
	(b)	if the proposed action is to do a thing mentioned in this paragraph—do 1 or more of the following:
	(i)	order the provider to pay to the Territory a financial penalty of not more than $1 000;
	(ii)	impose a condition on the provider’s approval (for example, by including a condition providing for increased supervision of the provider by the Minister);
	(iii)	censure the provider;
	(iv)	order the provider to take remedial action.
	(3)	The Minister must tell the provider in writing about the decision—
	(a)	if the decision is to take action other than suspension—by giving the provider a reviewable decision notice; or
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(b)	if the decision is to suspend the provider’s approval—under section 35 (What if Minister decides to suspend or revoke rehabilitation provider’s approval?).
	(4)	In this section:
proposed action—see section 32 (Notice of proposed action on rehabilitation provider’s approval).
 U 	34	Revocation of rehabilitation provider’s approval
	(1)	This section applies to an approved rehabilitation provider if the provider—
	(a)	fails to—
	(i)	adequately fulfil the role of approved rehabilitation provider; or
	(ii)	comply with a condition of the provider’s approval; and
	(b)	the Minister has done a thing mentioned in section 33 (2) (Action other than revocation of rehabilitation provider’s approval), but the failure continues or is repeated; and
	(c)	the Minister gives notice under section 32 (Notice of proposed action on rehabilitation provider’s approval) that the Minister proposes to revoke the approval.
	(2)	After considering any written representation made by the rehabilitation provider within the period for representations stated in the notice, the Minister may—
	(a)	do 1 or more of the things mentioned in section 33 (2); or
	(b)	revoke the provider’s approval.
	(3)	The Minister must tell the provider in writing about the decision—
	(a)	if the decision is to take action other than suspension or revocation—by giving the provider a reviewable decision notice; or
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(b)	if the decision is to suspend or revoke the provider’s approval—under section 35.
 U 	35	What if Minister decides to suspend or revoke rehabilitation provider’s approval?
	(1)	If the Minister decides to suspend or revoke a rehabilitation provider’s approval, the Minister must tell the provider in writing about the decision and when the suspension or revocation takes effect.
Note	The Minister’s notice must comply with the requirements of the Act, s 199.
	(2)	The suspension or revocation must not take effect earlier than 7 days after the day the rehabilitation provider is told about the decision.
	(3)	If the Minister suspends a rehabilitation provider’s approval, the provider is, during the suspension—
	(a)	taken not to be an approved rehabilitation provider; and
	(b)	disqualified from applying for approval as a rehabilitation provider.
	(4)	The Minister may, at any time, by written notice to the rehabilitation provider, end or reduce the period of suspension of the provider’s approval.

Part 6	Conciliation
Division 6.1	Appointment and functions of conciliators
36	Appointment of conciliators
	(1)	The Minister must appoint conciliators for this regulation.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
	(2)	The Minister may appoint a person as a conciliator only if satisfied that the person has expertise in dispute resolution relating to workers compensation.
	(3)	If the work safety council sets up an advisory committee mentioned in the Act, section 206 (Minister must take advice), the Minister may ask the committee to give advice about who should be a conciliator.
37	Function of conciliators
	(1)	The function of a conciliator is to help injured workers and their employers to reach agreement about matters in issue arising from workers’ claims for compensation.
	(2)	The conciliator must encourage injured workers and their employers to reach agreements that allow injury management to continue.
Division 6.2	Conciliations
38	When must conciliation be held?
	(1)	A conciliation about a matter in issue arising from a worker’s claim for compensation must be held before arbitration of the matter.
	(2)	This section does not apply if the matter in issue is an insurer’s rejection of a worker’s claim for compensation.
39	Action by conciliator
If a worker or the worker’s employer has asked a conciliator to help them reach agreement on a matter in issue arising from the worker’s claim for compensation, the conciliator who receives the request must, as soon as practicable—
	(a)	set a time and place for the conciliation; and
	(b)	tell each party to the conciliation, in writing, about the time and place.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
40	Particulars of matters in issue
	(1)	Each party to the conciliation must, at least 7 days before the day for conciliation, give to each other party and the conciliator, written details of the matters in issue arising from the worker’s claim for compensation (the written details document).
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2)	The written details document must include information available to a party that the party believes on reasonable grounds would help the parties reach agreement about the matter.
41	Parties to attend conciliation
	(1)	The parties to a conciliation must attend the conciliation.
	(2)	A party’s representative may also attend the conciliation.
42	Parties must make genuine effort to agree
At conciliation, the parties must make a genuine effort to reach an agreement that allows injury management to continue for the injured worker.
43	Medical referee and conciliation
	(1)	With the agreement of the parties to the conciliation, the conciliator may ask a medical referee to prepare a report to help the parties to reach agreement.
Note	Section 14 (Medical referee to review medical evidence etc) sets out what a medical referee must do for a conciliation and s 15 (Medical referee’s report) states what a medical referee’s report for a conciliation must contain.
	(2)	The medical referee must give a copy of the report to the conciliator.
	(3)	The conciliator must give a copy of the report to each party.
44	Decision or recommendation by conciliator
	(1)	The conciliator may, at any time, decide that a matter in issue arising from the worker’s claim for compensation is not suitable for resolution by conciliation.
	(2)	If agreement is reached on a matter in issue between the parties to the conciliation, the parties must, with the help of the conciliator, record the agreement in writing.
	(3)	If a matter in issue between the parties remains unresolved at the end of the conciliation, the conciliator may make a recommendation about the matter.
	(4)	The written details document mentioned in section 40 (1), evidence given during a conciliation, or anything said or done during conciliation, must not be admitted in evidence at an arbitration.
	(5)	However, any recommendation by the conciliator under subsection (3) may be admitted in evidence at an arbitration.
45	Who pays for conciliation?
	(1)	The insurer must meet all costs and disbursements of, and incidental to, the conciliation.
	(2)	If a party is represented at conciliation by a representative (including a lawyer), the conciliator may allow the representative to claim from the insurer reasonable costs and disbursements of, and incidental to, the conciliation.
47	Protocol about conciliation
	(1)	The Minister may, in writing, approve a protocol about—
	(a)	the administration of conciliations; or
	(b)	costs and disbursements of, and incidental to, conciliations, including maximum amounts conciliators may allow under section 45 (Who pays for conciliation?); or
	(c)	the giving of information to the Minister by conciliators or other people about conciliations in a way that maintains the confidentiality of conciliations.
	(2)	An approved protocol is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.

Part 7	Arbitration
    
48	When may application for arbitration be filed?
An injured worker or the worker’s employer may file an application for the arbitration of—
	(a)	a matter in issue arising from the worker’s claim for compensation only if—
	(i)	the worker or employer has asked a conciliator to help the parties reach agreement on the matter; and
	(ii)	the parties have attended the conciliation; and
	(iii)	either the matter was not resolved at the conciliation or the conciliator decided that the matter was not suitable for conciliation; or
	(b)	the insurer’s rejection of the worker’s claim for compensation.
49	Commercial Arbitration Act not apply
The Commercial Arbitration Act 1986 does not apply to an arbitration.
50	Representative committee already in existence
	(1)	This section applies to a matter to be decided by arbitration if there is a committee.
	(2)	The matter must be decided by arbitration by the committee unless a party to the matter objects to the arbitration by written notice given to the other party before the committee meets to consider the matter.
	(3)	However, the committee may refer a matter it is required to arbitrate for arbitration by the Magistrates Court under this part if the committee considers it appropriate to do so.
51	When must Magistrates Court arbitrate matter?
The Magistrates Court must arbitrate a matter if—
	(a)	there is no committee; or
	(b)	there is a committee but—
	(i)	a party to the matter objects to the matter being arbitrated by the committee; or
	(ii)	the committee refers the matter to the court for arbitration; or
	(iii)	the committee fails to decide the matter within 1 month after the day the claim the matter arises from is made.
52	Committee may refer questions of law
A committee may refer a question of law to the Magistrates Court.
53	Powers of Magistrates Court on arbitration
For a proceeding on an arbitration, the Magistrates Court has the same power to require the attendance of witnesses and the production of documents as it would have if the proceeding were an action in the court.
54	Medical referees
	(1)	The Magistrates Court or a committee may ask a medical referee to help the court or committee to assess a medical matter during an arbitration.
	(2)	The Magistrates Court or committee may ask a medical referee to report on a medical matter during, or arising from, an arbitration.
55	Only 1 medical referee for arbitration
	(1)	The same medical referee must help the Magistrates Court or a committee throughout an arbitration.
	(2)	However, another medical referee may help the Magistrates Court or committee if the medical referee is unavailable for any reason.
56	Procedure on arbitration
	(1)	This section applies to an arbitration unless the Act or rules expressly state otherwise.
	(2)	The Magistrates Court or a committee may decide its own procedures.
	(3)	The Magistrates Court or a committee need not act in a formal way and is not bound by rules of evidence.
	(4)	The Magistrates Court or a committee may inform itself about anything in the way it considers appropriate.
	(5)	The Magistrates Court or a committee must act according to equity, good conscience and the substantial merits of the matter being arbitrated, without regard to technicalities and legal forms.
57	Costs
	(1)	The successful party to an arbitration or related proceeding is entitled to be indemnified for party and party costs (including reasonable disbursements) by the unsuccessful party, unless the Magistrates Court or a committee otherwise orders.
	(2)	However, the Magistrates Court or committee must not award the costs of, or incidental to, an arbitration or related proceeding (including reasonable disbursements) against someone claiming compensation honestly in the arbitration or proceeding.
	(3)	The costs of, and incidental to, an arbitration or related proceeding are payable at 2/3 of the scale of costs prescribed by the rules applying to a civil proceeding in the Supreme Court, unless the Magistrates Court or committee otherwise orders.
	(4)	Costs must be taxed, unless the parties otherwise agree.
	(5)	Disbursements are payable in full.
58	Claim against arbitration award
	(1)	This section applies if a worker is paid an amount of compensation on arbitration.
	(2)	The worker’s lawyer or the lawyer’s agent may claim costs in relation to the arbitration, or claim a lien in relation to the costs, from the compensation only if, on application by the worker, lawyer or agent, the Magistrates Court or committee awards the lawyer or agent the costs.
	(3)	Costs to be awarded to the lawyer or the lawyer’s agent—
	(a)	are payable at 2/3 of the scale of costs prescribed by the rules applying to a civil proceeding in the Supreme Court, unless the Magistrates Court or committee otherwise orders; and
	(b)	must be taxed.

Part 8	Compulsory insurance policies—contents
    
59	Definitions for pt 8
In this part:
employer, in relation to a compulsory insurance policy, means the employer to whom the policy was issued.
insurer, in relation to a compulsory insurance policy, means the insurer who issued the policy.
60	Insurer to indemnify employer
	(1)	The compulsory insurance policy must provide that the insurer will indemnify the employer against any compensation the employer is liable to pay under the Act.
	(2)	However, the compulsory insurance policy must provide that the insurer will not indemnify the employer for any amount for which the Act expressly states that the employer is not to be indemnified.
Note	The employer is liable to pay any amount incurred between the time by which the employer must tell the insurer that an injury has happened and the time the employer tells the insurer that the injury has happened and may not be indemnified by the insurer for the amount (see Act, s 95).
61	Insurer to notify renewal
The compulsory insurance policy must provide that the insurer must notify the employer when the policy will end at least 30 days before the day the policy is to end.
62	Insurer to tell employer about certain obligations
	(1)	The insurer must tell the employer about the employer’s obligations under the sections of the Act mentioned in subsection (3) (the required information) in the compulsory insurance policy or in accordance with subsection (2).
	(2)	If the compulsory insurance policy does not contain the required information, the policy must provide that the insurer must tell the employer the required information within 14 days after the day the policy is issued.
	(3)	The sections of the Act are as follows:
·	section 155 (Information for insurers on application for issue or renewal of policies)
·	section 156 (Information for insurers after renewal of policies)
·	section 157 (Information for insurers after end or cancellation of policies)
·	section 158 (Information for new insurers after change of insurers)
·	section 159 (Six-monthly information for insurers).
62A	Required information from employer in policy
	(1)	The compulsory insurance policy issued by an insurer to an employer must include the following information:
	(a)	the required information given by the employer to the insurer;
	(b)	the proportion of the premium payment for the policy that has been recovered from the employer to offset amounts paid by the insurer to the DI fund.
	(2)	In this section:
required information, given by an employer, means the information given by the employer under a provision of the Act mentioned in section 62 (3).
63	Services to be provided under policy
The compulsory insurance policy must include a description of the services to be provided under the policy and when they will be provided.
64	Cancellation of insurance policy
The compulsory insurance policy must include a statement that the policy may only be cancelled by the insurer in accordance with a protocol approved by the Minister.
65	Compliance with Act by employer
The compulsory insurance policy must include a provision that states that the employer must comply with the Act, chapter 5 (Injury management process) and section 126 (Action by employer in relation to claims).
66	Result of under-reporting of wages by employer
	(1)	The compulsory insurance policy must provide that the employer must pay the insurer the amount mentioned in subsection (2) if—
	(a)	the employer, to obtain insurance from the insurer, has told the insurer the employer is paying a stated amount of wages; and
	(b)	the amount of wages the employer is paying is at least 10% more than the amount the employer told the insurer.
	(2)	The amount payable to the insurer is the amount equal to double the difference between the premium the employer paid and the premium the employer would have paid if the employer had told the insurer the true amount of wages the employer was paying.
67	Insurance policy may contain other provisions
The compulsory insurance policy may contain any other provision the parties agree to if the provision is not inconsistent with the Act, this regulation or the rules.
Part 9	Approved insurers
Division 9.1	Approval of insurers
68	Application for approval of insurers
	(1)	An application for approval as an insurer must contain or be accompanied by the following:
	(a)	a written statement by the insurer that the insurer will be able to meet present and future claims under the Act for which the insurer is, or is expected to be, liable;
	(b)	evidence that the insurer has a place of business in the ACT, and the place’s address;
	(c)	if the insurer has, or is applying for, a corresponding approval—evidence of the approval or application;
	(d)	evidence that the insurer has adequate reinsurance, or other arrangements in place, to cover the insurer’s future liability under the Act;
	(e)	a copy of the insurer’s annual report and balance sheet (or, if either is not available, equivalent information) for each of the previous 3 years;
	(f)	a written agreement by the insurer to allow the Minister to discuss the affairs and performance of the insurer with Commonwealth or State Ministers responsible for workers compensation or corporate or prudential regulation;
	(g)	a written agreement by the insurer to allow, and pay the costs of, an audit by the Minister to establish that the insurer has adequate resources to meet the insurer’s current and expected liabilities under the Act;
	(h)	a written statement by the insurer that the insurer will be able to meet its obligations under the Act in relation to injury management programs and personal injury plans;
	(i)	a written agreement by the insurer to allow, and pay the costs of, an investigation by the Minister to assess the insurer’s statement under paragraph (h).
Example for par (h)
An insurer includes in its written statement that it has hired an external provider to establish and maintain its injury management program, and gives details about the arrangement with the provider.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The Minister may, in writing, require further information from the insurer that provides evidence the insurer—
	(a)	is financially and prudentially sound; or 
	(b)	will be able to meet its obligations under the Act in relation to injury management programs and personal injury plans.
	(3)	In this section:
corresponding approval means an approval under a State law that has the same effect, or substantially the same effect, as an approval under this part.
69	When must Minister not approve insurer?
The Minister may approve an insurer only if satisfied—
	(a)	the insurer is financially and prudentially sound; and
	(b)	the insurer, if approved, will—
	(i)	be able to meet the insurer’s current and expected liabilities under the Act; and
	(ii)	be able to meet the insurer’s obligations under the Act in relation to injury management programs and personal injury plans; and
	(iii)	comply with the conditions on the approval.
70	How long does insurer’s approval last?
The Minister may approve an insurer under this part for not longer than 3 years.
71	What must insurer’s approval state?
An insurer’s approval must state the insurer’s name and the length of the approval.
Division 9.2	Conditions on insurers
72	Information about ability to meet liabilities etc
	(1)	It is a condition of an insurer’s approval that the insurer gives the Minister information reasonably required in writing by the Minister to allow the Minister to assess—
	(a)	the insurer’s continuing ability to meet the insurer’s current and expected liabilities under the Act; and
	(b)	whether the insurer continues to be financially and prudentially sound; and
	(c)	the insurer’s continuing ability to meet its obligations under the Act in relation to injury management programs and personal injury plans.
73	Information about workers compensation
It is a condition of an insurer’s approval that the insurer gives information reasonably required in writing by the Minister about claims that have been made against the insurer under the Act.
74	Information on working out premiums
	(1)	It is a condition of an insurer’s approval that—
	(a)	on written request by the Minister, the insurer gives the Minister, in writing, any relevant information about how the insurer works out premiums for compulsory insurance policies; and
	(b)	the insurer must give information under paragraph (a) within the period stated in the request that is not less than 21 days after the day the Minister asked for the information.
	(2)	In this section:
relevant information means information the Minister is satisfied, on reasonable grounds, will help the Minister to decide whether premiums are being worked out in accordance with the principles for working out premiums under section 75.
75	Principles for working out premiums
	(1)	In working out premiums, an insurer must—
	(a)	provide for sufficient (but not excessive) income from premiums to fully fund liabilities arising from policies of insurance to which the premiums relate; and
	(b)	ensure that premiums are structured to minimise, as far as reasonably practicable, the cross subsidisation of premium rating groups.
	(2)	For this section, there is sufficient income from premiums to fully fund the liabilities to which the premiums relate if the premiums are sufficient to do all of the following:
	(a)	fully fund claims liabilities arising from the insurance policies to which the premiums relate;
	(b)	pay all acquisition, policy administration and claims settlement expenses of the insurer;
	(c)	provide a profit margin after the payment of claims, costs and expenses that represents an adequate return on capital invested and compensation for the risk taken;
	(d)	provide for anything else that a prudent insurer should, in the circumstances, provide for;
	(e)	provide for contributions or other charges payable by the insurer under the Act.
	(3)	An insurer is taken to have complied with subsection (1) (a) if the insurer provides for sufficient (but not excessive) income from premiums in accordance with actuarial advice about the liability arising from policies of insurance to which the premiums relate.
76	Information to be given quickly
	(1)	It is a condition of an insurer’s approval that any information required to be given to the Minister is given within 14 days after the day the information is asked for, or within a longer period allowed by the Minister.
	(2)	This section does not apply to section 74 (Information on working out premiums).
77	Action if rehabilitation provider’s approval suspended or revoked
It is a condition of an insurer’s approval that the insurer must arrange for another rehabilitation provider to be responsible for a worker’s vocational rehabilitation under a personal injury plan if—
	(a)	the approval of the rehabilitation provider responsible for the worker’s rehabilitation under the plan has been suspended or revoked; and
	(b)	the insurer is responsible for the personal injury plan for the worker.
78	Compliance with protocols by insurer
It is a condition of an insurer’s approval that the insurer complies with any protocol approved by the Minister that relates to insurers.
79	Other conditions on insurers
The Minister may impose on an insurer’s approval any condition relating to the insurer’s—
	(a)	financial and prudential soundness; or
	(b)	ability to meet the insurer’s current and expected liabilities under the Act; or
	(c)	ability to meet the insurer’s obligations under the Act in relation to injury management programs and personal injury plans.
Division 9.3	Action against insurers
80	Notice of proposed action on insurer’s approval
If the Minister proposes to take action (the proposed action), mentioned in section 81 (2) (Action other than revocation of insurer’s approval) in relation to an insurer, or to revoke the insurer’s approval the Minister must give the insurer a notice—
	(a)	stating the proposed action; and
	(b)	stating the grounds for the proposed action; and
	(c)	inviting the insurer to make written representations, within a stated period of not less than 14 days after the day the insurer is given the notice, about why the proposed action should not be taken.
81	Action other than revocation of insurer’s approval
	(1)	This section applies to an approved insurer if—
	(a)	the insurer—
	(i)	contravenes the Act, section 112 (Compliance by insurers, including DI fund) or another provision of the Act; or
	(ii)	is unable to meet the insurer’s current and expected liabilities under the Act; or
	(iii)	no longer has unlimited reinsurance for a single event to cover the insurer’s expected liability under the Act; or
	(iv)	no longer has a place of business in the ACT; or
	(v)	fails to comply with a condition on the insurer’s approval; and
	(b)	the Minister has given the insurer notice under section 80 (Notice of proposed action on insurer’s approval).
	(2)	After considering any written representations made by the insurer within the period for representations stated in the notice, the Minister may—
	(a)	if the proposed action is to suspend the approval for a stated period—suspend the approval for not longer than the period, or do 1 or more of the things mentioned in paragraph (b); or
	(b)	if the proposed action is to do a thing mentioned in this paragraph—do 1 or more of the following:
	(i)	order the insurer to pay to the Territory a financial penalty of not more than $1 000;
	(ii)	impose a condition on the insurer’s approval (for example, by including a condition providing for increased supervision of the insurer by the Minister);
	(iii)	censure the insurer;
	(iv)	order the insurer to take remedial action.
	(3)	The Minister must tell the insurer in writing about the decision—
	(a)	if the decision is to take action other than suspension—by giving the insurer a reviewable decision notice; or
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(b)	if the decision is to suspend the insurer’s approval—under section 83 (What if Minister decides to suspend or revoke insurer’s approval?).
	(4)	In this section:
proposed action—see section 80 (Notice of proposed action on insurer’s approval).
82	Revocation of insurer’s approval
	(1)	This section applies to an insurer’s approval if—
	(a)	a matter mentioned in section 81 (1) (a) (Action other than revocation of insurer’s approval) applies to the insurer; and
	(b)	either—
	(i)	the Minister has done a thing mentioned in section 81 (2), but the matter continues or is repeated; or
	(ii)	the Minister considers the matter serious; and
	(c)	the Minister gives notice under section 80 (Notice of proposed action on insurer’s approval) that the Minister proposes to revoke the approval.
	(2)	After considering any written representation made by the insurer within the period for representations stated in the notice, the Minister may—
	(a)	do 1 or more of the things mentioned in section 81 (2); or
	(b)	revoke the insurer’s approval.
	(3)	Without limiting subsection (1) (b) (ii), a serious matter includes the following:
	(a)	failing to establish an injury management program under the Act, section 88 (Insurer to establish etc injury management program);
	(b)	failing to give effect to an injury management program under the Act, section 89 (Insurer to give effect to injury management program);
	(c)	failing to establish a personal injury plan for an injured worker under the Act, section 97 (Personal injury plan for worker with significant injury);
	(d)	contravening a direction under the Act, section 114 (Unreasonableness in stopping payment);
	(e)	failing to comply with the Minister’s notice, or giving details that are false or misleading in a material respect, under the Act, section 164 (Provision of information to Minister).
	(4)	The Minister must tell the insurer in writing about the decision—
	(a)	if the decision is to take action other than suspension or revocation—by giving the insurer a reviewable decision notice; or
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(b)	if the decision is to suspend or revoke the insurer’s approval—under section 83.
83	What if Minister decides to suspend or revoke insurer’s approval?
	(1)	If the Minister decides to suspend or revoke an insurer’s approval, the Minister must tell the insurer in writing about the decision and when the suspension or revocation takes effect.
Note	The Minister’s notice must comply with the requirements of the Act, s 199.
	(2)	A suspension or revocation must not take effect earlier than 7 days after the day the insurer is told about the decision.
	(3)	Subject to the Act, section 146 (Effect of revocation or suspension of approval), if the Minister suspends an insurer’s approval, the insurer is, during the suspension—
	(a)	taken not to be an approved insurer; and
	(b)	disqualified from applying for approval as an insurer.
	(4)	The Minister may, at any time, by written notice to the insurer, end or reduce the period of suspension of the insurer’s approval.
84	When does revocation make previous insurance policies not compulsory insurance policies?
	(1)	If an insurer’s approval is revoked, a compulsory insurance policy issued before the revocation is taken not to be a compulsory insurance policy only if a reason for the revocation is the winding‑up of the insurer.
	(2)	The compulsory insurance policy stops being a compulsory insurance policy 7 days after the day the revocation takes effect.

Part 10	Self-insurers
Division 10.1	Preliminary
85	Meaning of exemption
In this part:
exemption means an exemption from an employer’s requirement under the Act, section 147 (Compulsory insurance—employers) to maintain a compulsory insurance policy with an approved insurer.
Division 10.2	Exemption by Minister
86	What application for exemption must contain
	(1)	An application by an employer for exemption must contain or be accompanied by the following:
	(a)	a written statement by the employer that the employer will be able to meet present and future claims under the Act for which the employer is, or is expected to be, liable;
	(b)	if the employer has, or is applying for, a corresponding exemption—evidence of the exemption or application;
	(c)	evidence that the employer has reinsurance of at least $500 000 cpi indexed for a single event to cover the employer’s future liability under the Act;
	(d)	a copy of the employer’s annual report and balance sheet (or, if either is not available, equivalent information) for each of the previous 3 years;
	(e)	an actuarial report;
Note	See s (3) for what must be included in an actuarial report.
	(f)	a guarantee from an authorised deposit-taking institution in favour of the DI fund for the guaranteed amount in relation to the employer;
Note	The guaranteed amount is defined in s (4).
	(g)	a written agreement by the employer to allow the Minister to discuss the affairs and performance of the employer with Commonwealth or State Ministers responsible for workers compensation or corporate or prudential regulation;
	(h)	a written agreement by the employer to allow, and pay the cost of, an audit conducted on behalf of the Minister to establish that the employer has adequate resources to meet the employer’s expected liabilities under the Act;
	(i)	a copy of the employer’s occupational health and safety policy and evidence that it has been brought to the attention of the employer’s workers;
	(j)	the name, address in the ACT and telephone number of a person nominated by the employer to be the contact officer who is to give information about claims under the Act to the Minister;
	(k)	evidence that the employer has in place an occupational health and safety management system that complies with Australian Standard 4801 as in force from time to time;
Note	The text of an applied, adopted or incorporated instrument, whether applied as in force at a particular time or from time to time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
	(l)	a written statement by the employer that the employer will be able to meet its obligations under the Act in relation to injury management programs and personal injury plans;
	(m)	a written agreement by the employer to allow, and pay the cost of, an investigation by the Minister to assess the employer’s statement under paragraph (l).
	(2)	The Minister may, in writing, require further information from the employer that provides evidence the employer—
	(a)	is financially and prudentially sound; or 
	(b)	will be able to meet the employer’s obligations under the Act in relation to injury management programs and personal injury plans.
	(3)	For subsection (1) (e), the actuarial report must contain the following:
	(a)	an estimate of the employer’s current outstanding liability in relation to compensable injuries);
	(b)	an estimate of the total of the employer’s expected liability for each year in relation to which the employer is applying to be a self-insurer;
	(c)	an estimate of the total of the expected payments in satisfaction of the employer’s liability for compensable injuries that will be made for each year in relation to which the employer is applying to be a self-insurer.
	(4)	For subsection (1) (f), the guaranteed amount is the greater of the following amounts:
	(a)	$750 000; or
	(b)	an amount calculated by an actuary to be the estimate of outstanding claims liability at the balance date, plus a prudential margin of 30%.
	(5)	The Legislation Act, section 47 (6) does not apply to the Australian Standard mentioned in subsection (1) (k).
	(6)	In this section:
corresponding exemption means an exemption under a State law that has the same effect, or substantially the same effect, as an exemption under this part.
cpi indexed—see the Act, section 20.
87	Minister may exempt
	(1)	On application under section 86 (What application for exemption must contain), the Minister may, in writing, exempt the employer from the requirement to comply with the Act, section 147 (1).
	(2)	However, the Minister may exempt the employer only if satisfied—
	(a)	the employer is financially and prudentially sound; and
	(b)	the employer, if exempted, will—
	(i)	be able to meet the employer’s current and expected liabilities under the Act; and
	(ii)	be able to meet the employer’s obligations under the Act in relation to injury management programs and personal injury plans; and
	(iii)	be able to comply with the employer’s duties under the Work Safety Act 2008, part 3 (Work safety duties); and
	(iv)	comply with the conditions on the exemption; and
	(c)	the proposed exemption will not adversely affect the operation of the workers compensation scheme under the Act.
Division 10.3	Conditions on exemptions
88	Giving information about workers compensation, vocational rehabilitation and occupational health and safety
It is a condition of an exemption that the employer gives information to the Minister reasonably required in writing by the Minister about workers compensation, vocational rehabilitation and occupational health and safety in relation to the employer to allow the Minister to assess the employer’s continuing suitability to be a self-insurer.
89	Action if rehabilitation provider’s approval suspended or revoked
It is a condition of an exemption that the employer must arrange for another rehabilitation provider to be responsible for a worker’s vocational rehabilitation under a personal injury plan if—
	(a)	the approval of the rehabilitation provider responsible for the worker’s rehabilitation under the plan has been suspended or revoked; and
	(b)	the employer is responsible for the personal injury plan for the worker.
90	Compliance with protocols by self-insurer
It is a condition of an exemption that the employer complies with any protocol approved by the Minister that relates to self-insurers.
91	Other conditions on exemptions
The Minister may impose on an employer’s exemption any condition relating to the employer’s (the self-insurer)—
	(a)	financial and prudential soundness; or
	(b)	ability to meet the self-insurer’s current and expected liabilities under the Act; or
	(c)	ability to meet the self-insurer’s obligations under the Act in relation to injury management programs and personal injury plans.
Division 10.4	Action against self-insurers
92	Notice of proposed action against self-insurer
If the Minister proposes to take action (the proposed action) mentioned in section 93 (Action other than revocation of self‑insurer’s exemption) in relation to a self-insurer, or to revoke the self-insurer’s exemption, the Minister must give the self-insurer a notice—
	(a)	stating the proposed action; and
	(b)	stating the grounds for the proposed action; and
	(c)	inviting the self-insurer to make written representations, within a stated period of not less than 14 days after the day the self‑insurer is given the notice, about why the proposed action should not be taken.
93	Action other than revocation of self-insurer’s exemption
	(1)	This section applies to a self-insurer if—
	(a)	the self-insurer—
	(i)	contravenes the Act, section 112 (Compliance by insurers) or another provision of the Act; or
	(ii)	is unable to meet the self-insurer’s current and expected liabilities under the Act; or
	(iii)	no longer has reinsurance of at least $500 000 cpi indexed for a single event to cover the employer’s future liability under the Act; or
	(iv)	does not have the guarantee from an authorised deposit‑taking institution mentioned in section 86 (1) (f) (What application for exemption must contain); or
	(v)	fails to comply with a condition on the self-insurer’s exemption; and
	(b)	the Minister has given the self-insurer notice under section 92 (Notice of proposed action against self-insurer).
	(2)	After considering any written representation made by the self‑insurer within the period for representations stated in the notice, the Minister may—
	(a)	if the proposed action is to suspend the self-insurer’s exemption for a stated period—suspend the exemption for not longer than the period, or do 1 or more of the things mentioned in paragraph (b); or
	(b)	if the proposed action is to do a thing mentioned in this paragraph—do 1 or more of the following:
	(i)	order the self-insurer to pay to the Territory a financial penalty of not more than $1 000;
	(ii)	impose a condition on the self-insurer’s exemption (for example, by including of a condition providing for increased supervision of the self-insurer by the Minister);
	(iii)	censure the self-insurer;
	(iv)	order the self-insurer to take remedial action.
	(3)	The Minister must tell the self-insurer in writing about the decision—
	(a)	if the decision is to take action other than suspension—by giving the self-insurer a reviewable decision notice; or
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(b)	if the decision is to suspend the self-insurer’s exemption—in accordance with section 95 (What if Minister decides to suspend or revoke self-insurer’s exemption?).
	(4)	In this section:
proposed action—see section 92 (Notice of proposed action against self-insurer).
94	Revocation of self-insurer’s exemption
	(1)	This section applies to a self-insurer if—
	(a)	a matter mentioned in section 93 (1) (a) (Action other than revocation of self-insurer’s exemption) applies to the self‑insurer; and
	(b)	the Minister has done a thing mentioned in section 93 (2), but the matter continues or is repeated; and
	(c)	the Minister gives notice under section 92 (Notice of proposed action against self-insurer) that the Minister proposes to revoke the exemption.
	(2)	After considering any written representation made by the self‑insurer within the period for representations stated in the notice, the Minister may—
	(a)	do 1 or more of the things mentioned in section 93 (2); or
	(b)	revoke the self-insurer’s exemption.
	(3)	The Minister must tell the self-insurer in writing about the decision—
	(a)	if the decision is to take action other than suspension or revocation—by giving the self-insurer a reviewable decision notice; or
Note	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(b)	if the decision is to suspend or revoke the self-insurer’s exemption—in accordance with section 95.
95	What if Minister decides to suspend or revoke self‑insurer’s exemption?
	(1)	If the Minister decides to suspend or revoke a self-insurer’s exemption, the Minister must tell the self-insurer in writing about the decision and when the suspension or revocation takes effect.
Note	The Minister’s notice must comply with the requirements of the Act, s 199.
	(2)	A suspension or revocation must not take effect earlier than 7 days after the day the self-insurer is told about the decision.
	(3)	If the Minister suspends a self-insurer’s exemption, the self-insurer is, during the suspension—
	(a)	taken not to be a self-insurer; and
	(b)	disqualified from applying for an exemption.
	(4)	The Minister may, at any time, by written notice to the self-insurer, end or reduce the period of suspension of the self-insurer’s exemption.

Part 11	Miscellaneous
    
96	Diseases related to employment
For the Act, section 28 (Employment-related diseases), a disease of a kind mentioned in an item in schedule 1, column 2 is related to employment of a kind mentioned in the item, column 3.
98	Reviewable decision—Act, s 199 (b)
A decision mentioned in schedule 3, part 3.1, column 3, under a provision mentioned in column 2 in relation to the decision, is prescribed.
98A	Notice of reviewable decision—Act, s 199A (1)
An entity mentioned in schedule 3, part 3.1, column 4 in relation to a decision is prescribed for the decision.
98B	Internal review of certain decisions—Act, s 199B (1)
A reviewable decision mentioned in schedule 3, part 3.2, column 3 under a provision mentioned in column 2 in relation to the decision, is declared to be an internally reviewable decision.
99	Court approved termination
	(1)	This section applies if an insurer intends to apply to the Magistrates Court under the Act, section 132 (Rejecting claims from 1 year) for leave to end payments of weekly compensation to a worker.
Note	An insurer must apply to the Magistrates Court if the insurer wants to end payments of compensation 1 year or longer after the claim is made (see Act, s 132).
	(2)	The insurer must give the worker notice of the insurer’s intention to apply to the Magistrates Court for leave.
	(3)	The insurer must give a copy of a notice under subsection (2) to the DI fund manager as soon as practicable.
Maximum penalty:  5 penalty units.
	(4)	An offence against this section is a strict liability offence.
	(5)	If the Magistrates Court is satisfied that the worker is not entitled to receive weekly compensation, the court must give leave to the insurer to end payment of the compensation to the worker after a stated day that is at least 8 weeks after the day the insurer gave the worker notice under subsection (2).
100	Approved protocols about certain documents and information
	(1)	The Minister may, in writing, approve a protocol about the requirements for or contents of—
	(a)	a form for a claim; or
	(b)	the register; or
	(c)	an injury notice; or
	(d)	any other document (other than approved forms) mentioned in the Act that is used in relation to injury management or claims by injured workers.
	(2)	The Minister may, in writing, approve a protocol about the form in which information required under the Act or this regulation must be given.
	(3)	An approved protocol is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	In this section:
injury notice—see the Act, section 93 (Early notification of workplace injury).
register—see the Act, section 92 (Register of injuries).

Schedule 1	Diseases related to employment
    
(see s 96)

column 1
item	column 2
disease	column 3
employment	
1	ankylostomiasis	employment in or about a mine	
2	anthrax	employment in relation to—
(a)	animals infected with anthrax; or
(b)	animal carcasses or parts of such carcasses; or
(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	
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; or
(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 that requires repetitive movements of a hand and forearm	

Schedule 3	Reviewable decisions
(see s 98, s 98A and s 98B)
Part 3.1	Reviewable decisions

column 1
item	column 2
section	column 3
decision	column 4
entity	column 5
decision-maker	
1	Act, 18 (3)	refuse to exempt principal from s 18 (2) (which makes commercial volunteers workers)	applicant for exemption	Minister	
2	Act, 145 (1)	refuse to approve insurer	applicant for approval	Minister	
3	Act, 149 (4)	determine recovery amount	employer	chief executive	
4	Act, 162A (3)	determine recovery amount	employer	chief executive	
5	16 (1)	refuse to approve person as rehabilitation provider	applicant for approval	Minister	
6	16 (2)	approve rehabilitation provider for less than 3 years	applicant for approval	Minister	
7	28	impose condition on rehabilitation provider’s approval	rehabilitation provider	Minister	
8	33	suspend rehabilitation provider’s approval, amend conditions of rehabilitation provider’s approval or censure the approved rehabilitation provider	rehabilitation provider that has approval suspended or that has conditions amended or that is censured	Minister	
9	34	revoke or suspend rehabilitation provider’s approval, amend conditions of rehabilitation provider’s approval or censure the approved rehabilitation provider	rehabilitation provider that has approval revoked or suspended or that has conditions amended or that is censured	Minister	
10	70	approve insurer for less than 3 years	applicant for approval	Minister	
11	79	impose condition on insurer’s approval	insurer	Minister	
12	81	suspend insurer’s approval, amend conditions of insurer’s approval or censure the approved insurer	insurer that has approval suspended or conditions amended or that is censured	Minister	
13	82	suspend or revoke insurer’s approval, amend conditions of insurer’s approval or censure the approved insurer	insurer that has approval revoked or suspended or conditions amended or that is censured	Minister	
14	87	refuse to exempt an employer from requirement to maintain compulsory insurance policy	applicant for exemption	Minister	
15	91	impose condition on employer’s exemption	employer	Minister	
16	93	suspend self‑insurer’s exemption, amend conditions of self‑insurer’s exemption or censure the self‑insurer	self-insurer that has approval suspended or conditions amended or that is censured	Minister	
17	94	suspend or revoke self‑insurer’s exemption, amend conditions of self-insurer’s exemption or censure the self‑insurer	self-insurer that has approval revoked or suspended or conditions amended or that is censured	Minister	
Part 3.2	Internally reviewable decisions

column 1
item	column 2
section	column 3
decision	column 4
decision-maker	
1	Act, 149 (4)	determine recovery amount	chief executive	
2	Act, 162A (3)	determine recovery amount	chief executive	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	doctor
·	nurse
·	Minister (see s 162)
·	the Territory.
Note 3	Terms used in this regulation have the same meaning that they have in the Workers Compensation Act 1951 (see Legislation Act, s 148.)  For example, the following terms are defined in the Workers Compensation Act 1951, dict:
·	approved insurer
·	approved rehabilitation provider (see s 139 (1))
·	committee
·	compulsory insurance policy
·	injured worker
·	medical referee
·	self-insurer
·	weekly compensation
·	workplace injury.
approved medical guidelines means medical guidelines approved under section 5 (Approval of medical guidelines).
arbitration means arbitration under the Act.
clinically relevant research—see section 6.
conciliation means conciliation under the Act.
employer—
	(a)	see the Act, dictionary; or
	(b)	for part 8 (Compulsory insurance policies—contents)—see section 59.
evidence-based methodology—see section 8.
exemption, for part 10 (Self-insurers)—see section 85.
injury management—see the Act, section 86.
injury management program—see the Act, section 86.
insurer—
	(a)	see the Act, dictionary; or
	(b)	for part 8 (Compulsory insurance policies—contents)—see section 59.
medical evidence, for an injured worker, means a record (however described) made in relation to the worker’s injury by—
	(a)	a doctor; or
	(b)	a rehabilitation provider; or
	(c)	a dentist, chiropractor, psychologist, masseur, osteopath, physiotherapist, remedial kinesiologist or speech therapist.
medical specialist means a doctor—
	(a)	with specialist qualifications and experience in medicine recognised by the relevant Australian specialist medical college; and
	(b)	who practises within the specialty.
nominated treating doctor—see the Act, section 86.
personal injury plan—see the Act, section 86.
protocol—see the Act, dictionary.
psychosocial factor, for part 5 (Rehabilitation providers)—see section 16.
specialist medical college means a specialist medical college recognised by the National Specialist Qualification Advisory Council of Australia.
work safety council means the work safety council established under the Work Safety Act 2008, part 9.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This regulation was originally the Workers Compensation Regulations 2002.  It was renamed under the Legislation Act 2001.
Workers Compensation Regulation 2002 SL2002-20
notified LR 28 June 2002
s 1, s 2 commenced 28 June 2002 (LA s 75)
remainder commenced 1 July 2002 (s 2)
as amended by
Workers Compensation Amendment Regulations 2002 (No 1) 
SL2002-29
notified LR 25 October 2002
s 1, s 2 commenced 25 October 2002 (LA s 75 (1))
remainder commenced 26 October 2002 (s 2)
Workers Compensation Amendment Act 2003 (No 2) A2003-49 sch 2 pt 2.2
notified LR 3 December 2003
s 1, s 2 commenced 3 December 2003 (LA s 75 (1))
sch 2 pt 2.2 commenced 5 April 2004 (s 2 and CN2004-7)
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 1 pt 1.11
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 1 pt 1.11 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)
Workers Compensation Amendment Regulations 2004 (No 1) 
SL2004-27
notified LR 12 July 2004
s 1, s 2 commenced 12 July 2004 (LA s 75 (1))
remainder commenced 13 July 2004 (s 2)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.75
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.75 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.74
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.74 commenced 2 June 2005 (s 2 (1))
Workers Compensation Amendment Regulation 2005 (No 1) 
SL2005-43
notified LR 22 December 2005
s 1, s 2 commenced 22 December 2005 (LA s 75 (1))
remainder commenced 23 December 2005 (s 2)
Workers Compensation Amendment Act 2006 A2006-4 sch 2 pt 2.4
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 2 pt 2.4 commenced 1 July 2006 (s 2 (2))
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.63
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.63 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.110
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.110mmenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.15
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
sch 2 pt 2.15 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)
Workers Compensation Amendment Act 2009 A2009-56 pt 3
notified LR 16 December 2009
s 1, s 2 commenced 16 December 2009 (LA s 75 (1))
s 50, s 51 commence 1 July 2010 (s 2 (1))
pt 3 remainder commenced 17 December 2009 (s 2 (2))
4	Amendment history
Name of regulation
s 1	am R8 LA
Offences against regulation—application of Criminal Code etc
s 2	om LA s 89 (4)
	ins A2003-49 amdt 2.44
Notes
s 4	(2), (3) exp 1 July 2004 (s 4 (3))
Approval of medical guidelines
s 5	am A2006-4 amdt 2.5; A2009-28 amdt 2.37
Approval of clinically relevant research
s 7	sub 2002 No 29 s 4
Calculation of total wages—Act, s 7A, def total wages
s 8A	ins A2009-56 s 50
Assessment by medical specialist—request by other than nominated treating doctor
s 10	am 2002 No 29 s 5; ss renum R2 LA (see 2002 No 29 s 6)
Consultation about appointment of medical referees
s 13	am A2006-4 amdt 2.6; A2009-28 amdt 2.37
Rehabilitation providers
pt 5 hdg	sub A2009-56 s 51
Preliminary
div 5.1 hdg	om A2009-56 s 51
Minister may approve rehabilitation providers
s 16	sub A2009-56 s 51
Approval of rehabilitation providers
div 5.2 hdg	om A2009-56 s 51
Procedure for approval of rehabilitation provider
s 17	sub A2009-56 s 51
Factors for approval as rehabilitation provider
s 18	om A2009-56 s 51
Application for approval as rehabilitation provider
s 19	om A2009-56 s 51
When may Minister approve rehabilitation provider?
s 20	om A2009-56 s 51
Conditions on rehabilitation providers
div 5.3 hdg	om A2009-56 s 51
Ability to provide vocational rehabilitation
s 21	om A2009-56 s 51
Qualifications of rehabilitation providers and their employees
s 22	(4)-(6) exp 1 July 2003 (s 22 (6))
	table renum R8 LA
	am A2004-39 amdt 1.47, amdt 1.48
	om A2009-56 s 51
Written records by rehabilitation providers
s 23	om A2009-56 s 51
Electronic records by rehabilitation providers
s 24	table renum R8 LA
	om A2009-56 s 51
Giving information by rehabilitation providers
s 25	om A2009-56 s 51
Compliance with protocol by rehabilitation providers
s 26	om A2009-56 s 51
Establishing personal injury plan
s 27	om A2009-56 s 51
Other conditions on rehabilitation providers
s 28	om A2009-56 s 51
Role of approved rehabilitation provider and protocol
div 5.4 hdg	om A2009-56 s 51
Role of approved rehabilitation provider—general
s 29	om A2009-56 s 51
Role of approved rehabilitation provider—establishing personal injury plan
s 30	om A2009-56 s 51
Protocol about vocational rehabilitation
s 31	om A2009-56 s 51
Action against rehabilitation providers
div 5.5 hdg	om A2009-56 s 51
Notice of proposed action on rehabilitation provider’s approval
s 32	om A2009-56 s 51
Action other than revocation of rehabilitation provider’s approval
s 33	am A2008-37 amdt 1.569
	om A2009-56 s 51
Revocation of rehabilitation provider’s approval
s 34	am A2008-37 amdt 1.570
	om A2009-56 s 51
What if Minister decides to suspend or revoke rehabilitation provider’s approval?
s 35	am A2006-4 amdt 2.7; A2008-37 amdt 1.571
	om A2009-56 s 51
Appointment of conciliators
s 36	am A2006-4 amdt 2.8; A2009-28 amdt 2.37
Particulars of matters in issue
s 40	am A2008-28 amdt 3.176
Who pays for conciliation?
s 45	sub 2002 No 29 s 7
Review by Minister
s 46	am 2002 No 29 s 8
	exp 1 July 2006 (s 46 (3))
Protocol about conciliation
s 47	am 2002 No 29 s 9
Commercial Arbitration Act not apply
s 49 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Representative committee already in existence
s 50 hdg	bracketed note exp 1 July 2004 (s 4 (3))
When must Magistrates Court arbitrate matter?
s 51 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Committee may refer questions of law
s 52 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Powers of Magistrates Court on arbitration
s 53 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Medical referees
s 54 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Procedure on arbitration
s 56 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Costs 
s 57 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 57	am A2004-60 amdt 1.704
Claim against arbitration award
s 58 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 58	am A2004-60 amdt 1.705
Insurer to tell employer about certain obligations
s 62	sub 2002 No 29 s 10
	am A2005-20 amdt 3.464; A2006-4 amdt 2.9
Required information from employer in policy
s 62A	ins A2006-4 amdt 2.10
	(3)-(5) exp 1 July 2007 (s 62A (5) (LA s 88 declaration applies))
Application for approval of insurers
s 68	am SL2005-43 s 4
Applications made but not decided before commencement of s 68 amendment
s 68A	ins SL2005-43 s 5
	exp 23 January 2006 (s 68A (4))
Action other than revocation of insurer’s approval
s 81 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 81	am A2006-4 amdt 2.11; A2008-37 amdt 1.572
Revocation of insurer’s approval
s 82	am A2006-4 amdt 2.12; A2008-37 amdt 1.573
What if Minister decides to suspend or revoke insurer’s approval?
s 83	am A2006-4 amdt 2.13; A2008-37 amdt 1.574
When does revocation make previous insurance policies not compulsory insurance policies?
s 84 hdg	bracketed note exp 1 July 2004 (s 4 (3))
What application for exemption must contain
s 86	am 2002 No 29 s 11, s 12; A2006-4 amdt 2.14; A2009-28 amdt 2.32, amdt 2.33
Minister may exempt
s 87 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 87	am SL2004-27 s 4, s 5; A2009-28 amdt 2.34
Notice of proposed action against self-insurer
s 92 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Action other than revocation of self-insurer’s exemption
s 93 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 93	am A2008-37 amdt 1.575
Revocation of self-insurer’s exemption
s 94 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 94	am A2008-37 amdt 1.576
What if Minister decides to suspend or revoke self‑insurer’s exemption?
s 95 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 95	am A2006-4 amdt 2.15; A2008-37 amdt 1.577
Maximum premium rates for group trainers in building and construction industry—Act, s 176
s 95A	ins 2002 No 29 s 13
	exp 11 September 2003 (s 95A (3))
Diseases related to employment
s 96 hdg	bracketed note exp 1 July 2004 (s 4 (3))
Prescribed offences and fines
s 97 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 97	am SL2004-27 s 6
	om A2006-4 amdt 2.16
Reviewable decision—Act, s 199 (b)
s 98	am A2006-4 amdt 2.17
	sub A2008-37 amdt 1.578; A2009-56 s 52
Notice of reviewable decision—Act, s 199A (1)
s 98A	ins A2008-37 amdt 1.578
	sub A2009-56 s 52
Internal review of certain decisions—Act, s 199B (1)
s 98B	ins A2009-56 s 52
Court approved termination
s 99 hdg	bracketed note exp 1 July 2004 (s 4 (3))
s 99	am A2003-49 amdt 2.45; ss renum R5 LA (see A2003-49 amdt 2.46; A2006-4 amdt 2.18
Modification of regulation
pt 12 hdg	ins 2002 No 29 s 14
	exp 1 July 2004 (s 102)
	ins A2004-39 amdt 1.49
	exp 9 January 2009 (s 103)
Application of pt 12
s 101	om LA s 89 (3)
	ins 2002 No 29 s 14
	exp 1 July 2004 (s 102)
	ins A2004-39 amdt 1.49
	exp 9 January 2009 (s 103)
Table 22
s 102	ins 2002 No 29 s 14
	exp 1 July 2004 (s 102)
	ins A2004-39 amdt 1.49
	exp 9 January 2009 (s 103)
Expiry of pt 12
s 103	ins A2004-39 amdt 1.49
	exp 9 January 2009 (s 103)
On-the-spot fines
sch 2	sub SL2004-27 s 7
	om A2006-4 amdt 2.19
Reviewable decisions
sch 3	sub A2008-37 amdt 1.579; A2009-56 s 53
Modification of Act, chapter 16
sch 4	ins 2002 No 29 s 15
	exp 1 July 2004 (s 102)
Dictionary
dict	def approved insurer om R8 LA
	def approved rehabilitation provider om R8 LA
	def committee om R8 LA
	def compulsory insurance policy om R8 LA
	def injured worker om R8 LA
	def medical referee om R8 LA
	def OH&S Council om A2009-28 amdt 2.35
	def self-insurer om R8 LA
	def weekly compensation om R8 LA
	def workplace injury om R8 LA
	def work safety council ins A2009-28 amdt 2.36
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 July 2002	
2	SL2002-29	29 October 2002	
3	SL2002-29	2 July 2003	
4	SL2002-29	12 September 2003	
5	A2003-49	5 April 2004	
6	A2003-49	2 July 2004	
7	SL2004-27	13 July 2004	
8	A2004-60	4 November 2004	
9	A2004-60	10 January 2005	
10	A2005-20	2 June 2005	
11	A2005-20	7 July 2005	
12	SL2005-43	23 December 2005	
13	SL2005-43	24 January 2006	
14	A2006-4	1 July 2006	
15	A2006-4	2 July 2006	
16	A2006-4	2 July 2007	
17	A2008-28	26 August 2008	
18	A2008-37	10 January 2009	
19*	A2008-37	2 February 2009	
20	A2009-28	1 October 2009	
6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Workers Compensation Amendment Act 2009 A2009-56 s 50, s 51
50	New section 8A
in part 2, insert
8A	Calculation of total wages—Act, s 7A, def total wages
The ACT Wages and Earnings Guide is prescribed for working out total wages.
Note	The ACT Wages and Earning Guide is accessible at www.ors.act.gov.au/workcover.
51	Part 5
substitute
Part 5	Rehabilitation providers
16	Minister may approve rehabilitation providers
	(1)	The Minister may, in writing, approve a person as a rehabilitation provider.
	(2)	The Minister may approve a rehabilitation provider for not longer than 3 years.
17	Procedure for approval of rehabilitation provider
In deciding whether to approve a person as a rehabilitation provider, the Minister must act in accordance with the Guide—Nationally Consistent Approval Framework for Workplace Rehabilitation Providers as in force from time to time.
Note	The Guide—Nationally Consistent Approval Framework for 
Workplace Rehabilitation Providers is accessible at www.hwca.org.au/NationalGuide.php.

©  Australian Capital Territory 2009