Workers Compensation Act 1987 (NSW)

Workers Compensation Act 1987 No 70

An Act to provide for the compensation and rehabilitation of workers in respect of work related injuries; to repeal the Workers' Compensation Act 1926 and certain other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Workers Compensation Act 1987.

2 Commencement (1) Sections 1 and 2 and Parts 19 and 20 of Schedule 6 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.

2A Relationship to Workplace Injury Management and Workers Compensation Act 1998 (1) The Workplace Injury Management and Workers Compensation Act 1998 is referred to in this Act as the 1998 Act. (2) This Act is to be construed with, and as if it formed part of, the 1998 Act. Accordingly, a reference in this Act to this Act includes a reference to the 1998 Act. (3) In the event of an inconsistency between this Act and the 1998 Act, the 1998 Act prevails to the extent of the inconsistency.

3 Definitions (cf former s 6 (1), (2), (13)) (1AA) In this Act, words and expressions have the same meanings as they have in the 1998 Act, unless this Act provides otherwise. (1) In this Act— agency arrangement means the contract or other arrangement by which a scheme agent is appointed. Authority means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015. former Act means the Workers' Compensation Act 1926. former licensed insurer means a person (not being a licensed insurer) who— (a) was previously a licensed insurer under this Act or under section 27 of the former Act, and (b) continues to have liabilities under policies of insurance previously issued or renewed by the person. group means the employers who constitute a group under Division 2A of Part 7. GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth. Guarantee Fund means the Insurers' Guarantee Fund established under section 227. ICNSW means Insurance and Care NSW constituted under the State Insurance and Care Governance Act 2015. injury is defined by section 4. Insurance Fund means the Workers Compensation Insurance Fund established under section 154D. licensed insurer means an insurer who is the holder of a licence granted under Division 3 of Part 7 and in force. mine means a mine within the meaning of the Coal Mines Regulation Act 1982 as in force immediately before its repeal by the Coal Mine Health and Safety Act 2002, but does not include any place that, in accordance with section 10 (2) of the Work Health and Safety (Mines and Petroleum Sites) Act 2013, is a place to which that Act does not apply. Nominal Insurer means the Workers Compensation Nominal Insurer referred to in section 154A. NSW Trustee means the NSW Trustee and Guardian constituted under the NSW Trustee and Guardian Act 2009. premium income— (a) in relation to contributions payable under this Act by an insurer (other than a specialised insurer) in respect of a financial year—means the amount the insurer receives during that financial year as premiums in respect of policies of insurance issued or renewed by the insurer (whether the policies are issued or renewed during that financial year or during a previous financial year), or (b) in relation to contributions payable under this Act by a specialised insurer in respect of a financial year—means the amount the insurer receives, whether during or after that financial year, as premiums in respect of policies of insurance issued or renewed by the insurer during that financial year, and, in relation to contributions payable by any insurer, includes any amount comprising or attributable to GST and any amount prescribed by the regulations as included for the purposes of this definition in relation to that financial year, but does not include any amount prescribed by the regulations as excluded for the purposes of this definition in relation to that financial year. regulations means regulations made under this Act. scheme agent means a person appointed under section 154G to act as agent for the Nominal Insurer in connection with the exercise of any of the functions of the Nominal Insurer. self-insurer means— (a) the holder of a licence in force under Division 5 of Part 7, and (b) a subsidiary of the licence holder covered for the time being by the licence (as provided by section 211A), and (c) any Government employer covered for the time being by the Government's managed fund scheme (as provided by section 211B). specialised insurer means a licensed insurer whose licence is endorsed with a specialised insurer endorsement. Workers Compensation Market Practice and Premiums Guidelines means guidelines issued by the Authority under section 168 and in force.