Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Workplace Injury Management and Workers Compensation Act 1998 No 86

An Act to provide for the effective management of work-related injuries and injury compensation for workers in respect of such injuries; and for other purposes.

Chapter 1 Preliminary

1 Name of Act This Act is the Workplace Injury Management and Workers Compensation Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 System objectives The purpose of this Act is to establish a workplace injury management and workers compensation system with the following objectives— (a) to assist in securing the health, safety and welfare of workers and in particular preventing work-related injury, (b) to provide— • prompt treatment of injuries, and • effective and proactive management of injuries, and • necessary medical and vocational rehabilitation following injuries, in order to assist injured workers and to promote their return to work as soon as possible, (c) to provide injured workers and their dependants with income support during incapacity, payment for permanent impairment or death, and payment for reasonable treatment and other related expenses, (d) to be fair, affordable, and financially viable, (e) to ensure contributions by employers are commensurate with the risks faced, taking into account strategies and performance in injury prevention, injury management, and return to work, (f) to deliver the above objectives efficiently and effectively.

4 Definitions (cf 1987 s 3; 1989 s 3) (1) In this Act— Authority means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015. claim means a claim for compensation or work injury damages that a person has made or is entitled to make. claimant means a person who makes or is entitled to make a claim. coal miner matter means any matter arising under the Workers Compensation Acts concerning a claim in respect of a worker employed in or about a mine. Commission means the Personal Injury Commission of New South Wales established by the Personal Injury Commission Act 2020. Commission rules has the same meaning as in the Personal Injury Commission Act 2020. compensation means compensation under the Workers Compensation Acts, and includes any monetary benefit under those Acts. Compensation Court means the Compensation Court of New South Wales constituted under the Compensation Court Act 1984. current work capacity—see Schedule 3 to the 1987 Act. death benefit compensation means compensation under Division 1 (Compensation payable on death) of Part 3 of the 1987 Act. dependants of a worker means such of the members of the worker's family as were wholly or in part dependent for support on the worker at the time of the worker's death, or would but for the incapacity due to the injury have been so dependent, and includes— (a) a person so dependent to whom the worker stands in the place of a parent or a person so dependent who stands in the place of a parent to the worker, and (b) a divorced spouse of the worker so dependent, and (c) a person so dependent who— (i) in relation to an injury received before the commencement of Schedule 7 to the Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998—although not legally married to the worker, lived with the worker as the worker's husband or wife on a permanent and genuine domestic basis, or (ii) in relation to an injury received after that commencement—is the de facto partner of the worker.