Employment Act 1988 (NI)

Employment Act 1988

No. 27, 1988

Compilation No. 8

Compilation date: 20 September 2022

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Amendment (National Day of Mourning) Rules 2022 (F2022L01224) Note: The formatting of this compilation was updated in 2022 to align with current formatting practices.

Contents Part 1—Preliminary 1 Short title 2 Commencement 4 Interpretation 5 Application 6 Persons to whom Act applies 7 Persons to whom Act does not apply 8 Rules may prescribe application of Act 9 Public holidays 9A National Day of Mourning Part 2—Employment Terms and Conditions Division 4—General 24 Employment of persons under the age of 15 years Part 3—Compensation for Work-Related Accidents, etc Division 1—Interpretation 26 Interpretation 27 Meaning of out of, or in the course of, employment 28 Meanings of incapacity and permanent incapacity 28A Meaning of disease Division 2—Compensation: work‑related accidents etc. 29 Compensation for death 30 Periodical compensation—loss or diminution of capacity to earn 31 Compensation for permanent incapacity—general 32 Compensation for permanent incapacity—assessment 32A Compensation for permanent incapacity—failure to attend for assessment 32B Compensation for permanent incapacity—report of assessment and amount of compensation 32C Compensation for permanent incapacity—powers of Tribunal 33 Compensation for industrial deafness 34 Compensation for hernia 35 Compensation for occupational disease 36 Compensation for heart attack or stroke 37 Compensation for reasonable costs of medical treatment Division 3—Compensation: payment of claims 37AA Interpretation—references to liability to pay compensation under this Part 37A Claims for compensation 38 Rehabilitation 39 Compulsory insurance 39A Public schemes—general 39B Public schemes—membership 40 Compensation where employer not insured 41 Compensation where employer ceases to exist 42 Indexation of compensation amounts 43 Compensation in substitution for other claims 44 No contracting out 45 Excluded from compensation 45A Powers of the Employment Liaison Officer in matters of misconduct 46 Overpaid amounts 47 Information relevant to claims 47A Independent medical examinations—requirement by Employment Liaison Officer 47B Independent medical examinations—failure to attend examination 47C Independent medical examinations—report of examination Division 4—Employment Liaison Officer 47D Employment Liaison Officer 47E Functions and powers of Employment Liaison Officer 47F Employment Liaison Officer—appointment 47G Employment Liaison Officer—acting appointments 47H Delegations by Employment Liaison Officer Part 4—Safe Working Practices 48 Interpretation 49 Duties of employers 49A Safety equipment 49B Safety procedures 50 Duties of occupiers 51 Duties of manufacturers, etc 52 Duties of employees 53 Records and notifications, etc 54 Medical and first aid services 55 Complaints 56 Stop work and improvement notices 57 Inspectors 57A Inspectors—management and control 58 Codes of practice 59 Effect of Codes of Practice 60 Prosecutions 61 No effect on civil liability 63 Reports 64 Consultative workplace arrangements Part 5—Review of matters relating to compensation Division 1—Internal review by Employment Liaison Officer 65 Internal review—applications 66 Who undertakes internal review? 67 Internal review—determination and notice Division 2—Inquiry by Tribunal 78 Tribunal 79 Constitution of Tribunal 80 Disclosure of interest 81 Meetings of Tribunal 82 Inquiry—applications 82AA Inquiry—how convened 82AB Inquiry—participation and representation 82A Meetings of Tribunal usually to be held in public 83 Application of rules of evidence, etc 84 Evidence 85 Tribunal may make orders 86 Compliance with orders 87 Dismissal of frivolous applications 89 Reports Division 3—Review by Supreme Court 91 Appeal to Supreme Court 92 Jurisdiction on appeal 93 Powers of Supreme Court on appeal 94 Effect of appeal on determination or order of Tribunal Part 6—Miscellaneous 95 Restriction on delegation by Commonwealth Minister 97 Agents 97A Electronic transactions 98 Mode of service 100 Employment Liaison Officer, Tribunal members etc. to respect privacy 102 False or misleading statements 103 Offences by body corporate 104 Conduct by directors, servants or agents 105 Prosecutions for offences 106 Victimisation prohibited 107 Protection from liability 108 Rules Schedule Endnotes Employment Act 1988