Workers Compensation Legislation Amendment Act 2012 (NSW)

Workers Compensation Legislation Amendment Act 2012 No 53

An Act to amend the Workers Compensation Act 1987 and other Acts with respect to the reform of the NSW workers compensation scheme.

1 Name of Act This Act is the Workers Compensation Legislation Amendment Act 2012.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) The following provisions of this Act commence on the date of assent: (a) Schedule 2 (Amendments relating to lump sum compensation), (b) Schedule 3 (Amendments relating to damages for nervous shock), (c) Schedule 4 (Amendments relating to medical and related expenses), except Schedule 4 [1], (d) Schedule 5 (Amendments relating to journey claims), (e) Schedule 6 (Amendments relating to heart attack and stroke), (f) Schedule 7 (Amendments relating to disease injuries), (g) Schedule 9 (Amendments relating to insurer licensing and transfer of claims), (h) Schedule 12 (Amendments relating to savings and transitional provisions).

Note— Schedule 12 provides for some amendments to have operation on and from 19 June 2012.

Schedules 1–7 (Repealed)

Schedule 8 Amendments relating to commutation of compensation

Amendment of Workers Compensation Act 1987 No 70

[1] Section 87EA Preconditions to commutation Insert after section 87EA (1): (1A) Despite subsection (1), a liability in respect of an injury may be commuted to a lump sum under this Division in a particular case if the Authority is satisfied and certifies to the effect that: (a) the case is of a class that is prescribed by the regulations as a class to which this subsection applies, and (b) the circumstances of the case satisfy any requirements prescribed by the regulations as requirements that must be satisfied for the purposes of this subsection, and (c) unless the regulations otherwise provide, the lump sum to which the liability will be commuted is not inadequate and not excessive. (1B) In considering whether the lump sum to which a liability will be commuted is not inadequate and not excessive, the Authority may have regard to the following matters: (a) any dispute as to liability to pay compensation under the Workers Compensation Acts, (b) the injury, the age of the worker, the general health of the worker, and the occupation of the worker at the time of the occurrence of the injury, (c) the worker's diminished ability to compete in an open labour market, (d) other benefits that the worker may be entitled to from any other source.