Legislation › Workers Compensation Act 1987 (NSW) Workers Compensation Act 1987 (NSW) 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.
Sections (328) s 1 — Name of Act s 2 — Commencement s 2A — Relationship to Workplace Injury Management and Workers Compensation Act 1998 s 3 — Definitions s 4 — Definition of “injury” s 4A — Directors of uninsured employer not entitled to compensation s 6 — Act binds Crown s 7 — Certain Acts not affected s 7A — Application of Act in respect of coal industry s 9 — Liability of employers for injuries received by workers—general s 9AA — Liability for compensation s 9AB — Recognition of determination of State of connection in another State s 9AC — Person not to be compensated twice s 9A — No compensation payable unless employment substantial contributing factor to injury s 9B — No compensation for heart attack or stroke unless nature of employment results in significantly greater risk s 10 — Journey claims s 11 — Recess claims s 11A — No compensation for psychological injury caused by reasonable actions of employer s 12 — Claims by trade union representatives s 14 — Conduct of worker etc s 15 — Diseases of gradual process—employer liable, date of injury etc s 16 — Aggravation etc of diseases—employer liable, date of injury etc s 17 — Loss of hearing—special provisions s 18 — Special insurance provisions relating to occupational diseases s 19 — Presumptions relating to certain employment s 19A — Presumptions relating to certain cancers—firefighters s 19B — Presumptions relating to certain employment in relation to COVID-19 s 20 — Principal liable to pay compensation to workers employed by contractors in certain cases s 22 — Compensation to be apportioned where more than one injury s 22A — Further provisions concerning apportionment of liability under section 22 s 22B — Determination as to which injury gave rise to compensation liability s 22C — Certain injuries not to be dealt with under sections 15 and 16 s 23 — Age or residence not relevant to liability s 24 — Illegal employment s 25 — Death of worker leaving dependants s 26 — Funeral expenses s 28 — Expenses of transporting body s 29 — Apportionment of payments between dependants s 30 — Review of apportionment among dependants s 31 — Payment in respect of dependent children s 32 — Payment where no dependants s 32A — Definitions s 33 — Weekly compensation during total or partial incapacity for work s 34 — Maximum weekly compensation amount s 36 — Weekly payments during first entitlement period (first 13 weeks) s 37 — Weekly payments during second entitlement period (weeks 14–130) s 38 — Weekly payments after second entitlement period (after week 130) s 38A — Special provision for workers with highest needs s 39 — Cessation of weekly payments after 5 years s 40 — Entitlement after second entitlement period not affected by certain circumstances s 41 — Compensation for incapacity after second entitlement period resulting from surgery s 42 — Application by worker to alter amount of weekly payments s 43 — Work capacity decisions by insurers s 44A — Work capacity assessment s 44B — Evidence as to work capacity s 44BAA — Regulations s 45 — Reduction of weekly payments to qualify for other benefits s 46 — Reduction of weekly payments to prevent dual benefits s 47 — Incapacity deemed to exist in certain cases s 48 — Compensation payable despite existing incapacity s 49 — Weekly compensation payable despite holiday pay etc s 50 — Weekly compensation and sick leave s 52 — Termination of weekly payments on retiring age s 53 — Weekly payments—residence outside the Commonwealth s 57 — Worker to notify return to work etc with other employer s 58 — Refund of weekly payments paid after return to work etc s 59 — Definitions s 59A — Limit on payment of compensation s 60 — Compensation for cost of medical or hospital treatment and rehabilitation etc s 60AA — Compensation for domestic assistance s 60A — Worker not liable for medical, hospital and rehabilitation charges above applicable rates s 61 — Rates applicable for medical or related treatment s 62 — Rates applicable for hospital treatment s 63 — Rates applicable for ambulance service s 63A — Rates applicable for workplace rehabilitation services s 64 — Rates applicable for car travel associated with treatment s 64A — Compensation for cost of interpreter services s 64B — Workers returning to work with new employer s 64C — Workers receiving weekly payments s 65 — Determination of degree of permanent impairment s 65A — Special provisions for psychological and psychiatric injury s 66 — Entitlement to compensation for permanent impairment s 66A — Agreements for compensation s 66B — No proceedings to enter up award on agreement for compensation s 67A — Special provisions for HIV/AIDS s 68B — Deductions for previous injuries and pre-existing conditions—operation of sections 15, 16, 17 and 22 s 73 — Reimbursement for costs of medical certificate and examination s 74 — Damage to artificial limbs etc s 75 — Damage to clothing s 76 — Maximum rate for damage to artificial limbs, spectacles s 77 — Maximum rate for damage to clothing s 78 — Miscellaneous provisions s 79 — Definitions s 80 — Adjustment of amounts of benefits according to award rate of pay index s 81 — Rounding off s 82 — Publication of adjusted amounts s 82A — Indexation—weekly payments s 82B — Indexation of certain amounts—according to average weekly earnings s 82BA — Indexation—compensation amount for workers with highest needs s 82C — Indexation—no reduction s 82D — Indexation—rounding s 82E — Definition s 82F — Indexation—compensation for permanent impairment s 82G — Indexation—no reduction s 82H — Indexation—rounding s 83 — Manner of payment of compensation s 84 — Times for payment of weekly compensation s 85 — Payments to NSW Trustee for benefit of beneficiary s 85A — Payment of benefits to beneficiaries s 86 — NSW Trustee’s powers of investment s 87 — Unclaimed money s 87A — Additional or alternative compensation to which Division applies s 87B — Reduction of compensation under this Act s 87C — Employer etc to notify claim or payment of additional or alternative compensation s 87D — Definition s 87E — Compensation that may be commuted s 87EAA — Medical expenses compensation not to be commuted for catastrophic injuries s 87EA — Preconditions to commutation s 87F — Commutation by agreement s 87G — Commutation when worker legally incapacitated s 87H — Registration of commutation agreements s 87I — Payment s 87J — Other commutation agreements invalid s 87K — Commutation payment taken to be payment of compensation s 138 — Definitions s 140 — Persons eligible to make claims s 141 — Making of claims s 142 — Publication of claims etc s 142A — Nominal Insurer becomes insurer for claims s 142B — Proceedings before Commission on claim for compensation s 145 — Employer or insurer to reimburse Insurance Fund s 145A — Recovery from directors of corporations liable to reimburse Insurance Fund s 146 — Commutation of weekly payments s 147 — Miscellaneous provisions s 148 — Application of other provisions of Act s 148A — Nominal Insurer’s right of subrogation s 149 — Definitions s 150 — Reference to worker’s employer includes fellow workers etc s 150A — The applicable substantive law for work injury claims s 150B — Claims to which Division applies s 150C — What constitutes injury and employment and who is employer s 150D — Claim in respect of death included s 150E — Meaning of “substantive law” s 150F — Availability of action in another State not relevant s 151 — Common law and other liability preserved s 151A — Effect of recovery of damages on compensation s 151C — 6-months delay before commencement of court proceedings against employer for damages s 151D — Time limit for commencement of court proceedings against employer for damages s 151DA — Time not to run for commencement of proceedings in certain cases s 151E — Application—modified common law damages s 151F — General regulation of court awards s 151G — Only damages for past and future loss of earnings may be awarded s 151H — No damages unless permanent impairment of at least 15% s 151I — Calculation of past and future loss of earnings s 151IA — Retirement age s 151J — Damages for future economic loss—discount rate s 151L — Mitigation of damages s 151M — Payment of interest s 151N — Contributory negligence—generally s 151O — Defence of voluntary assumption of risk s 151Q — Structured settlements s 151R — Exemplary or punitive damages s 151S — Court to apportion damages etc s 151T — Costs s 151U — Modified common law to apply from 30 June 1987 s 151V — Election provisions not to apply s 151W — Time limit for commencement of court proceedings extended s 151X — Insurance policies to cover retrospective claims s 151Y — Funding of self-insurers, government employers etc for retrospective claims s 151Z — Recovery against both employer and stranger s 151AA — Abolition of doctrine of common employment s 151AAA — Special provision for common law liabilities under pre-1995 policies s 151AB — Special insurance provisions relating to occupational diseases s 151AC — Further special insurance provisions relating to dust diseases s 151AD — No damages for nervous shock injury to non-workers s 154A — Establishment of Nominal Insurer s 154B — Functions of Nominal Insurer s 154C — Authority to act for Nominal Insurer s 154CA — Nominal Insurer functions of ICNSW s 154CB — Auditing of Nominal Insurer s 154D — Establishment and operation of Insurance Fund s 154E — Assets of Insurance Fund s 154F — Auditing of Insurance Fund s 154G — Agents of Nominal Insurer s 154H — Authority’s functions not limited by agency arrangement s 154I — Authority’s functions extended to scheme agents s 154J — Refusal of insurance by scheme agents s 154K — Ownership of records s 154L — Remuneration of scheme agents s 154M — Certain provisions extended to scheme agents s 154N — Regulations s 155 — Compulsory insurance for employers s 155AA — Exempt employers not required to obtain policy of insurance s 155A — Policies to be for 12 month periods s 156 — Recovery of double premiums for contravention of insurance requirements s 156A — Misleading conduct by insurers and insurance intermediaries s 156B — Recovery from directors of corporation—insurance requirements s 157 — Insurers not to refuse insurance s 159 — Provisions of policies of insurance s 160 — Recovery of excess from employer s 161 — Inspection of policies s 162 — Death of employer s 163 — Register to be kept by insurers s 163A — Certificate of currency s 163B — Issue of stop work order to uninsured employer s 164 — Employer—offences relating to policies of insurance s 168 — Workers Compensation Market Practice and Premiums Guidelines s 168A — Freeze on insurance premium rate increases by Nominal Insurer until 30 June 2028 s 169 — Rejection of premiums s 171 — Payment of premiums by instalments s 172 — Recovery of unpaid premiums s 172A — Security deposit or guarantee for payment of premium s 173 — Furnishing information for calculation of premiums s 173A — Giving false information for premium calculation s 173B — Redetermination of premium and payment of interest s 174 — Records relating to wages, contracts etc to be kept and supplied s 174AA — Inclusion of trust distributions as wages s 174A — Recovery of inspection costs of Authority or insurer s 175 — Employers evading payment of correct premiums s 175A — Recovery from directors of corporation evading payment of correct premium s 175B — Liability of principal contractor for unpaid premiums payable by subcontractor s 175C — Private rulings regarding workers at the request of employers s 175D — Grouping of employers s 175E — Exclusion of employers from groups s 175F — Grounds for excluding employers from group s 175G — Members of group to have policies with same scheme agent and common renewal date s 175H — Joint and several liability of group members s 175I — Registration s 175J — Inspection of records of employers s 175K — Definitions s 175L — Membership of groups s 175M — Primary groups of corporations s 175N — Primary groups arising from the use of common employees s 175O — Primary groups of commonly controlled businesses s 175P — Primary groups arising from tracing of interests in corporations s 175R — Smaller primary groups subsumed by larger groups s 175S — Grouping provisions to operate independently s 177 — Applications for licences s 177A — Special provisions for specialised insurers s 178 — Determination of application for licence s 179 — Offence—unlicensed insurers s 180 — Duration of licences s 181 — Conditions of licences s 182 — Matters that may be regulated by conditions of licences s 182A — Condition of licence not to engage excluded service providers s 183 — Cancellation or suspension of licences s 183A — Imposition of civil penalty on or censure of licensed insurer or self-insurer s 184 — Cancellation of policies following cancellation or suspension of insurer’s licence s 185 — Assignment of policies of former insurers etc s 186 — Records and evidence relating to licences s 187 — Liabilities on Commonwealth insurers—special condition s 189 — Information and records as to business etc to be supplied to Authority by insurers s 190 — Notification to Authority of certain defaults in relation to insurers s 191 — Power of Supreme Court to deal with insurers or former insurers unable to meet liabilities etc s 192 — Exclusion of insurance brokers, agents or intermediaries s 192A — Claims administration manual s 193 — Definitions s 194 — Directions to insurers with respect to claims procedures s 201 — Accounts and returns s 202 — Audit of accounting records of insurers s 202A — Performance audits by Authority s 202B — Business plans of licensed insurers s 202C — Prudential standards s 208 — Contributions by licensed insurers to Insurance Fund s 208AA — Contributions by exiting employers s 209 — Offences for contravention of this Division s 210 — Applications for licences s 211 — Determination of application for licence s 211A — Endorsement of subsidiaries on self-insurer’s licence s 211B — Government employers covered by Government managed fund scheme to be self-insurers s 212 — Provisions relating to licences s 213 — Deposit required for self-insurers and former self-insurers s 214 — Investments of deposits s 215 — Alternative method of giving security s 215A — Guarantee as alternative to deposit s 215B — Bond as alternative to deposit s 216 — Application and refund of deposit s 216A — Assignment of policies of former self-insurers s 217 — Definition s 218 — Agreements for transfer of claims to insurers s 219 — Effect of claims transfer agreement s 220 — Conditions of claims transfer agreement s 224A — Definitions s 224B — Declaration of defaulting insurers s 224C — Insurance Fund may be applied to meet claims etc of defaulting insurers s 225 — Definitions s 226 — Insolvent insurers s 227 — Insurers’ Guarantee Fund s 228 — Contributions to Guarantee Fund s 229 — Liquidator to notify Authority of claims s 230 — Delivery of documents etc to Authority s 231 — Appointment of Authority as agent and attorney of employer and worker s 232 — Payments to employer or liquidator s 234 — Application of Guarantee Fund s 235 — Recovery of amounts under contracts or arrangements for reinsurance s 236 — Payments of workers compensation when insolvent insurer dissolved s 237 — Inspection of documents etc by person authorised by Minister s 238 — Authority may take certain legal proceedings s 239 — Regulations s 239AA — Definitions s 239AB — Meaning of “act of terrorism” s 239AC — Meaning and application of “threshold amount” s 239AD — Minister may make declaration as to significant terrorism-related liabilities s 239AE — Terrorism Re-insurance Fund s 239AF — Insurers to provide Authority with information s 239AG — Contributions to Terrorism Re-insurance Fund s 239AH — Partial reimbursement of insurers from Terrorism Re-insurance Fund s 239AI — Authority may offset s 239AJ — Subrogation s 239AK — Regulations s 239AL — Review s 240 — Definitions s 241 — Application to employer for reinstatement of dismissed injured worker s 242 — Application to Industrial Relations Commission for reinstatement order if employer does not reinstate s 243 — Order by Industrial Relations Commission for reinstatement s 244 — Presumption as to reason for dismissal s 245 — Disputes as to fitness—medical assessment s 246 — Continuity of service of reinstated worker s 247 — Duty to inform replacement worker s 248 — Dismissal within 6 months of injury an offence s 249 — Other rights not affected s 250 — Enforcement s 278 — Compensation not personal property under Personal Property Securities Act 2009 (Cth) s 279 — Enforcement of interests in certain assets and deposits in priority over Authority or Nominal Defendant prevented s 279A — Workers compensation liability with respect to staff of statutory bodies s 280 — Regulations and orders s 281 — Repeals s 282 — Savings, transitional and other provisions Sourced from the New South Wales Legislation website at 8 June 2026. 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