Accident Rehabilitation and Compensation Insurance Act 1992
Accident Rehabilitation and Compensation Insurance Act 1992
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Accident Rehabilitation and Compensation Insurance Act 1992
Accident Rehabilitation and Compensation Insurance Act 1992
Public Act |
1992 No 13 |
|
Date of assent |
1 April 1992 |
|
Contents
An Act to establish an insurance-based scheme to rehabilitate and compensate in an equitable and financially affordable manner those persons who suffer personal injury
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Accident Rehabilitation and Compensation Insurance Act 1992.
(2)
Sections 32, 100, 108, 109, 113 to 119, 122, 128, 129, 130, 131, 132, 134, 163, 167, and 178 of, and the Third Schedule to, this Act shall come into force on the 1st day of April 1992.
(3)
Except as provided in subsection (2) of this section and the Third Schedule to this Act, this Act shall come into force on the 1st day of July 1992.
Part I Preliminary
2 Act to bind Crown
This Act binds the Crown.
Compare: 1982, No. 181, s. 3
3 Interpretation
In this Act, unless the context otherwise requires,—
“Accident” means—
(a)
A specific event or series of events that involves the application of a force or resistance external to the human body and that results in personal injury, but does not include any gradual process; and the fact that a personal injury has occurred shall not of itself be construed as an indication or presumption that it was caused by any such event or series of events; or
(b)
The inhalation or oral ingestion of any solid, liquid, gas, or foreign object where the inhalation or ingestion occurs on a specific occasion; but does not include inhalation or ingestion of a virus, bacterium, protozoa, or fungi, unless that inhalation or ingestion is the result of a criminal act of another person; or
(c)
Any exposure to the elements or extremes of temperature or environment within a defined period of time not exceeding 1 month that causes disability that lasts for a continuous period exceeding 1 month or death; or
(d)
Any bum or exposure to radiation or rays of any kind on a specific occasion that is not a burn or exposure caused by exposure to the elements; or
(e)
The absorption of any chemical through the skin within a defined period of time not exceeding 1 month—
but excludes any of the occurrences specified above that is treatment by or at the direction of a registered health professional:
“Arising in the course of employment”, in relation to a personal injury, means an injury that occurs—
(a)
While any employment task is being performed at a place of employment; or
(b)
During any temporary interruption of work for a meal or rest or refreshment, if the accident happens at the person’s place of employment; or
(c)
While the person is travelling between the person’s places of employment by the most direct practicable route; or
(d)
While the person is attending a course of education or training for the purposes of the person’s current employment, and the person receives earnings from that employment in respect of that attendance; and any such place shall be deemed to be a place of employment of that person; or
(e)
While the person is travelling between a place of employment and another place by the most direct practicable route for the purposes of necessary health care treatment or service in respect of a work injury, being health care treatment or service of a kind for which the Corporation or the exempt employer is required or permitted to make payments under this Act, irrespective of whether or not it makes any payment in the particular case—
but does not include an injury that occurs—
(f)
While a person is travelling to or from the person’s place of employment (other than between places of employment) unless paragraph (e) of this definition applies or the person is an employee and the transport is provided by the employer and is driven by the employer or, at the direction of the employer, by an employee of the employer or of a related or associated employer for the purpose of transporting employees; or
(g)
While the person is in accommodation provided by or at the expense of the employer, or by or at the expense of the injured person where the injured person is not an employee, and in either case is not performing employment duties; or
(h)
While the person is participating, other than at the person’s place of employment, in a recreational activity provided by or at the expense of the employer or sponsored by the employer, or by or at the expense of the injured person where that person is not an employee:
“Arising out of and in the course of employment” means arising out of employment and arising in the course of employment:
“Arising out of employment”, in relation to a personal injury, means an injury that would not have occurred but for the person being in that person’s place of employment, and it shall not be relevant that—
(a)
The person may be acting in contravention of any Act or regulations applicable to the employment, or in contravention of any instructions, or in the absence of instructions; or
(b)
The person may be working under an illegal contract; or
(c)
The person may have indulged in or been the victim of misconduct, skylarking, negligence, or been the victim of any force of nature:
“Board” means the Board of the Corporation constituted by section 157 of this Act:
“Child”, in relation to a deceased person, means a natural child of that person; and includes any other child who would ordinarily be regarded as a child of the deceased person, being a child in respect of whom the deceased stood as a parent by reason of being a spouse of a parent of the child:
“Corporation” means the Corporation which is continued and reconstituted by section 155 of this Act:
“Disability” means any restriction or lack (resulting from impairment) of ability to perform an activity in the manner or within the range considered normal for a person:
“Earner” means any natural person who engages in employment, whether or not as an employee; and includes any person to whom section 44 of this Act applies:
“Earnings”, “earnings as an employee”
, and “earnings other than as an employee”
each has the meaning assigned to it in regulations made under this Act:
“Employee” means a natural person who receives or is entitled to receive any amount that is treated as income from employment, as defined in section 2 of the Income Tax Act 1976, and any salary, wages, or other income to which section 6(2) or section 6(3) of the Income Tax Act 1976 applies:
“Employer” means a person who pays or is liable to pay any amount that, in relation to any other person, is treated as income from employment, as defined in section 2 of the Income Tax Act 1976, and any salary, wages or other income to which section 6 2) or section 6(3) of the Income Tax Act 1976 applies, of that other person:
“Employment” means work engaged in or carried out for the purposes of pecuniary gain or profit; and, in the case of an employee, includes any period of paid leave other than paid leave on the termination of employment:
“Exempt employer” means an employer who has been approved under section 105 of this Act as an exempt employer:
“Full-time employment”, in relation to any earner, means employment for an average of no less than 30 hours per week in the 4 weeks immediately before the incapacity commences; or a lesser number of hours if such lesser hours are defined as full-time employment in an employment contract due to the particular nature of that employment:
“Full-time study”, in relation to any person, means a course of study recognised as full-time by the place of education which administers it:
“Handicap” means a disadvantage for a person resulting from an impairment or a disability that limits or prevents the fulfilment of a role that is considered normal (depending on age, sex, social, and cultural factors) for that person:
“Impairment” means any loss or abnormality of psychological, physiological, or anatomical structure or function:
“Incapacity” means incapacity for employment; and includes absence from employment by reason of necessary health care treatment or service of a kind for which the Corporation or an exempt employer is required or permitted to make payments under this Act (irrespective of whether or not it makes any payment in the particular case) required for personal injury:
“Medical misadventure” has the meaning assigned to it by section 5 of this Act:
“Mental injury” means, in relation to any person, a clinically significant behavioural, psychological, or cognitive dysfunction:
“Minister” means the Minister for the time being charged with the administration of this Act:
“Most direct practicable route” does not include, to the extent of the deviation or interruption, any deviation in or interruption of a journey for purposes unrelated to the employment:
“Motor vehicle’’ has the same meaning as in section 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986:
“Motor vehicle injury” means—
(a)
Any injury occurring as a consequence of the movement of a motor vehicle; or
(b)
Any injury occurring as a consequence of a motor vehicle that is stationary being struck by another motor vehicle or other means of conveyance—
but excludes an injury suffered in the course of the loading, unloading, servicing, repair, or offroad use of a motor vehicle and any use of a motor vehicle other than as a means of conveyance. “Off-road use”
does not include use of a motor vehicle that is off-road as a direct result of its being out of control or its having been involved in an accident:
“National superannuation qualification age” means, in relation to any person, the age specified in section 3 of the Social Welfare (Transitional Provisions) Act 1990 as the age at which persons of that persons age generally qualify for national superannuation, irrespective of whether or not the particular person qualifies for national superannuation at that or any other age:
“New Zealand” means—
(a)
The North Island, the South Island, Stewart Island, the Chatham Islands, and all other land territories, islands, and islets lying between the 162nd degree of east longitude and the 173rd degree of west longitude and between the 33rd and 53rd parallels of south latitude; and
(b)
Those islands situated in the South Pacific Ocean lying between the 177th and 180th degrees of west longitude and between the 29th and 32nd parallels of south latitude, commonly known as the Kermadec Group; and
(c)
Those parts of the internal waters of New Zealand (as defined by section 4 of the Territorial Sea and Exclusive Economic Zone Act 1977) that are adjacent to the aforementioned land territories, islands, and islets; and
(d)
Those parts of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea and Exclusive Economic Zone Act 1977) that are adjacent to the aforementioned land territories, islands, and islets; and
(e)
Any installation or drilling rig (whether permanent or temporary) while constructed, erected, placed, or used in, on, or above those parts of the continental shelf (as defined in section 2 of the Continental Shelf Act 1964) that are appurtenant to the aforementioned land territories, islands, and islets, for the purpose of the exploration of the continental shelf, or of the exploitation of the mineral or other natural non-living resources of that continental shelf; and in this paragraph the terms “installation”
and “drilling rig”
include any ship, floating platform, aircraft, or other device that is for the time being in, on, or above the continental shelf and being used in connection with any such installation or drilling rig:
“Ordinarily resident in New Zealand”, in relation to any person, has the meaning assigned to it in regulations made under this Act:
“Other dependant” means a person who was financially dependent on a deceased person immediately before the deceased person’s death by reason of the physical or mental condition of the person and who—
(a)
Had an annual income at the date of the deceased’s death which did not exceed $ 12,740; and
(b)
Is not a spouse of the deceased or a child of the deceased who has not attained the age of 18 years:
“Personal injury” has the meaning assigned to it by sections 4 and 8 of this Act:
“Place of education” means a secondary school, composite school, teachers’ college, technical institute, community college within the meaning of the Education Act 1964, or the University of Auckland, University of Waikato, Massey University, Lincoln University, Victoria University of Wellington, University of Canterbury, or the University of Otago; and includes any other place of education defined as such for the purposes of this Act in regulations made under this Act:
“Place of employment” means any premises or place occupied for the purposes of employment and any premises or place to which an employee has access by virtue of the employment:
“Registered health professional” means—
(a)
Any person who holds a current annual practising certificate issued by the Medical Council of New Zealand, the Nursing Council of New Zealand, the Chiropractic Board, the Dental Council of New Zealand, the Dental Technicians Board, the Occupational Therapy Board, the Pharmaceutical Society of New Zealand, or the Physiotherapy Board; or
(b)
Any person registered with the Medical Laboratory Technologists Board, the Medical Radiation Technologists Board, or the Podiatrists Board:
“Rehabilitation” means a process of active change by which a person who has suffered personal injury regains or acquires and uses the skills necessary for optimal physical, mental, vocational, and social function:
“Road” has the same meaning as in section 2(1) of the Transport Act 1962:
“Spouse”, in relation to a deceased person, means a person—
(a)
To whom the deceased person was legally married immediately before his or her death; or
(b)
Of the opposite sex with whom the deceased person was in a relationship in the nature of marriage immediately before his or her death—
but does not include any person to whom the deceased person was legally married or with whom the deceased person was in a relationship in the nature of marriage, if they were living apart at the time of the deceased person’s death and the deceased was not contributing financially to the person’s welfare, unless the parties were living apart principally because of the health, imprisonment, or employment obligations of either of the parties:
“Trade plate” means a trade plate issued under section 22 of the Transport Act 1962 or section 34 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986:
“Weekly earnings” means, in relation to any earner, the weekly earnings of that earner determined in accordance with sections 40 to 43 of this Act:
“Work injury” has the meaning assigned to it by section 6 of this Act.
Compare: 1982, No. 181, ss. 2(1), 57(7), 64
4 Definition of “personal injury”
(1)
For the purposes of this Act, “personal injury”
means the death of, or physical injuries to, a person, and any mental injury suffered by that person which is an outcome of those physical injuries to that person, and has the extended meaning assigned to it by section 8(3) of this Act.
(2)
For the purposes of this Act, no cardio-vascular or cerebro-vascular episode shall be regarded as personal injury unless—
(a)
It is a result of medical misadventure; or
(b)
It is a work injury by virtue of section 6(1) of this Act.
Compare: 1982, No. 181, s. 2(1)
5 Definition of “medical misadventure”
(1)
For the purposes of this Act,—
“Medical error” means the failure of a registered health professional to observe a standard of care and skill reasonably to be expected in the circumstances. It is not medical error solely because desired results are not achieved or because subsequent events show that different decisions might have produced better results:
“Medical misadventure” means personal injury resulting from medical error or medical mishap:
“Medical mishap” means an adverse consequence of treatment by a registered health professional, properly given, if—
(a)
The likelihood of the adverse consequence of the treatment occurring is rare; and
(b)
The adverse consequence of the treatment is severe.
(2)
For the purposes of the definition of the term “medical mishap”
, the likelihood that treatment of the kind that occurred would have the adverse consequence shall be rare only if the probability is that the adverse consequence would not occur in more than 1 percent of cases where that treatment is given.
(3)
Where the likelihood that an injury would occur is in the ordinary course rare, but is not rare having regard to the circumstances of the particular person, it shall not be medical mishap if the greater risk to the particular person injured—
(a)
Was known to that person; or
(b)
In the case of a person who does not have legal capacity, was known to that person’s parent, legal guardian, or welfare guardian, as the case may be,—
prior to the treatment.
(4)
For the purposes of the definition of the term “medical mishap”
, the adverse consequences of treatment are severe only if they result in death or—
(a)
Hospitalisation as an inpatient for more than 14 days; or
(b)
Significant disability lasting for more than 28 days in total; or
(c)
The person qualifying for an independence allowance under section 54 of this Act.
(5)
Medical misadventure does not include personal injury arising from abnormal reaction of a patient or later complication arising from treatment procedures unless medical misadventure occurred at the time of the procedure.
(6)
A failure to obtain informed consent to treatment from the person on whom the treatment is performed or that person’s parent, legal guardian, or welfare guardian, as the case may be, is medical misadventure only if the registered health professional acted negligently in failing to obtain informed consent.
(7)
Medical misadventure does not include a failure to diagnose correctly the medical condition of any person or a failure to provide treatment unless that failure is negligent.
(8)
Medical misadventure does not include any personal injury resulting from the carrying out of any drug trial or clinical trial where the injured person has agreed in writing to participate in the trial.
(9)
In making any decision under this section the Corporation shall obtain and have regard to independent advice in accordance with procedures prescribed by regulations made under this Act.
(10)
Where the Corporation considers that medical misadventure may be attributable to negligence or an inappropriate action on the part of a registered health professional it shall—
(a)
Give the registered health professional a reasonable opportunity to comment on the matter; and
(b)
If satisfied that there may have been negligence or inappropriate action—
report the circumstances to the appropriate body with a view to the institution of disciplinary proceedings, and to any other body that may be appropriate.
6 Definition of “work injury”
(1)
For the purposes of this Act, “work injury”
, in relation to any person, means personal injury arising out of and in the course of employment of that person; and includes a cardio vascular or cerebro-vascular episode where—
(a)
That episode is caused by physical effort or physical strain arising out of and in the course of employment; and
(b)
That physical effort or physical strain is abnormal in application or excessive in intensity for the person suffering it.
(2)
Personal injury that is medical misadventure does not arise out of and in the course of employment unless it results from treatment by a registered health professional on behalf of the employer at a place of employment under the control of the employer.
Compare: 1982, No. 181, s. 2(1)
7 Personal injury caused by gradual process, disease, or infection arising out of and in the course of employment
(1)
Personal injury shall be regarded as being caused by gradual process, disease, or infection arising out of and in the course of employment only if—
(a)
In respect of a period that ended on or after the 1st day of April 1974, the employment task performed by the affected person, or the environment in which it was performed, had a particular property or characteristic which caused or contributed to that personal injury by gradual process, disease, or infection; and
(b)
The property or characteristic is not found to any material extent in the non-employment activities or environment of that person; and
(c)
The risk of suffering that personal injury is significantly greater for persons performing that employment task in that environment than for persons who do not perform that task in that environment.
(2)
Nothing in subsection (1) of this section shall require that the property or characteristic be present throughout the whole of the person’s employment.
(3)
For the avoidance of doubt, it is hereby declared that personal injury attributable to—
(a)
Air-conditioning systems; or
(b)
Passive smoking—
shall be deemed not to have been caused by gradual process, disease, or infection arising out of and in the course of employment for the purposes of this Act.
(4)
Notwithstanding anything in subsection (1) of this section, personal injury that is related to non-physical stress shall be deemed not to have been caused by gradual process, disease, or infection arising out of and in the course of employment.
(5)
The date on which personal injury caused by gradual process, disease, or infection arising out of and in the course of employment is suffered shall be the date on which—
(a)
The person first received treatment from a registered health professional for that personal injury as that personal injury; or
(b)
That personal injury first resulted in the incapacity of the affected person—
whichever first occurs.
(6)
Notwithstanding anything in this section, no person shall be entitled to any treatment, service, rehabilitation, related transport, compensation, grant, or allowance in respect of personal injury caused by gradual process, disease, or infection arising out of and in the course of employment where that person (or the person through whom the claimant has an entitlement in the case of a deceased person) represented himself or herself in writing to the employer before commencing employment, in response to a specific request for the information from the employer, as not—
(a)
Suffering or having suffered from that personal injury; or
(b)
Suffering or having suffered from a specified condition likely to materially contribute to that personal injury caused by gradual process, disease, or infection arising out of and in the course of employment—knowing that representation to be untrue.
(7)
For the purposes of this Act, the employer of the person shall be the last employer whose employment exposed that person to the gradual process or the risk of the disease or infection; but where the person was employed by more than 1 employer in work involving that gradual process or that risk of disease or infection (as the case may be) the costs of the claim shall be divided between those employers in proportion to the periods of employment of the affected person with those employers.
(8)
Where compensation has been paid under the Workers’ Compensation Act 1956 to any person for any degree of deafness, that degree of deafness in that person shall not be personal injury caused by gradual process arising out of and in the course of employment for the purposes of this Act.
(9)
Where the personal injury caused by gradual process arising out of and in the course of employment is deafness, the degree of deafness shall be assessed according to the prescribed conditions and tests which may take into account—
(a)
The age of the person concerned; and
(b)
Any base-line test carried out on that person in accordance with regulations made under this Act.
(10)
Regulations may be made under this Act prescribing—
(a)
Specified industries or kinds of places of employment in which base-line hearing tests of persons employed are required; and
(b)
The type and content of the base-line hearing test and the period within which it must be carried out.
(11)
Where any person working in a specified industry or appropriate place of employment refuses to undergo a base-line hearing test, that person shall be disqualified from receiving any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act in respect of any personal injury that is deafness caused in a manner described in this section.
(12)
Any person who refuses to undergo a base-line hearing test shall be given notice in writing by the employer of the consequences of such a refusal.
Compare: 1982, No. 181, ss. 28, 29
Part II Cover and Relationship with Other Rights
Cover
8 Cover for personal injury occurring in New Zealand
(1)
This Act shall apply in respect of personal injury occurring in New Zealand on or after the 1st day of July 1992 in respect of which there is cover under this Act.
(2)
Cover under this Act shall extend to personal injury which—
(a)
Is caused by an accident to the person concerned; or
(b)
Is caused by gradual process, disease, or infection arising out of and in the course of employment as defined in section 7 or section 11 of this Act; or
(c)
Is medical misadventure as defined in section 5 of this Act; or
(d)
Is a consequence of treatment for personal injury.
(3)
Cover under this Act shall also extend to personal injury which is mental or nervous shock suffered by a person as an outcome of any act of any other person performed on, with, or in relation to the first person (but not on, with, or in relation to any other person) which is within the description of any offence listed in the First Schedule to this Act.
(4)
For the purposes of subsection (3) of this section, it is irrelevant that—
(a)
No person can be or has been charged with or convicted of the offence; or
(b)
The alleged offender is incapable of forming criminal intent.
9 Cover for personal injury occurring outside New Zealand
(1)
This Act also applies in respect of personal injury suffered, on or after the 1st day of July 1992, outside New Zealand by any person who is ordinarily resident in New Zealand for which there would be cover under section 8 of this Act if the personal injury had occurred in New Zealand; and, while the person is outside New Zealand, section 88 of this Act shall apply.
(2)
Nothing in this section shall extend cover as medical misadventure to personal injury relating to any treatment provided to the person while outside New Zealand unless the treatment is provided by a person who has qualifications equivalent to that of a registered health professional in New Zealand and the personal injury would be medical misadventure if the personal injury occurred in New Zealand.
10 General exclusions from cover
(1)
For the avoidance of doubt, it is hereby declared that personal injury caused wholly or substantially by gradual process, disease, or infection is not covered by this Act unless it is—
(a)
Personal injury caused by gradual process, disease, or infection arising out of and in the course of employment as defined in section 7 or section 11 of this Act; or
(b)
Personal injury that is medical misadventure; or
(c)
A consequence of personal injury or treatment for personal injury.
(2)
For the avoidance of doubt it is hereby declared that—
(a)
Personal injury caused wholly or substantially by the ageing process; and
(b)
Personal injury to teeth that is caused by the natural use of those teeth—
is not covered by this Act.
Compare: 1982, No. 181, s. 2(1)
11 Cover in respect of personal injury caused by gradual process, disease, or infection where exposure occurred before 1 April 1974
(1)
Subject to subsection (2) of this section, where any person suffers personal injury caused by gradual process, disease, or infection from exposure of that person before the 1st day of April 1974 arising out of and in the course of employment within the meaning of section 7 of this Act that ceased before that date, the person shall be entitled to cover under this Act as if that personal injury had been suffered on or after the 1st day of July 1992 or such later date as is determined under section 7(5) of this Act.
(2)
Where any person who would have cover by virtue of subsection (1) of this section commences or has commenced any proceedings or receives any sum by way of damages, compensation, or settlement of any claim other than under this Act in respect of that personal injury, that person shall not be entitled to any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act, irrespective of the outcome of those proceedings or the amount received by way of damages, compensation, or settlement.
(3)
Subsection (2) of this section shall not apply in any case where the proceedings have been discontinued before the 1st day of April 1993, and no sum of money has been paid or is payable by way of settlement of the proceedings.
(4)
Any person who has cover under this Act by virtue of this section and who has lodged a claim with the Corporation in respect of the personal injury before the 1st day of October 1992, shall be eligible for benefits under sections 78 and 79 of the Accident Compensation Act 1982 as if that Act had not been repealed and as if the personal injury was personal injury by accident within the meaning of that Act, and section 147 of this Act shall apply in respect of any such entitlement.
12 Cover for persons not ordinarily resident in New Zealand
(1)
Notwithstanding anything in section 8 of this Act, a person who is not ordinarily resident in New Zealand shall not have cover while that person is on board the ship or aircraft or other means of conveyance—
(a)
Used by that person in the course of coming to New Zealand; or
(b)
On which that person entered and is accommodated or carried in the course of visiting New Zealand; or
(c)
On which that person has embarked in the course of leaving New Zealand.
(2)
A person shall, for the purposes of subsection (1) of this section, be deemed to be on board a ship or aircraft or other means of conveyance while that person is in the act of embarking thereon or disembarking therefrom.
(3)
For the purposes of subsection (2) of this section,—
(a)
Embarking shall commence once a person is on any gangway, airbridge, or other thing attached to or against a ship, aircraft, or other conveyance and available for use in embarking; and
(b)
Disembarking shall conclude once a person has left any gangway, airbridge, or other thing attached to a ship, aircraft, or other conveyance and available for use in disembarking.
Compare: 1982, No. 181, s. 34
13 Persons travelling between places in New Zealand
Where any person who embarks in New Zealand on a ship or aircraft or other means of conveyance by sea or air to travel from one place in New Zealand to another place in New Zealand, or to return to his or her place of embarkation without disembarking at any other place, but in either case does not go beyond a limit of 300 nautical miles from any point or points in New Zealand, that person shall, for the purposes of this Act, be deemed to have remained in New Zealand.
Compare: 1982, No. 181, s. 33
Relationship with Other Rights
14 Application of Act excludes other rights
(1)
No proceedings for damages arising directly or indirectly out of personal injury covered by this Act or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982 that is suffered by any person shall be brought in any Court in New Zealand independently of this Act, whether by that person or any other person, and whether under any rule of law or any enactment.
(2)
For the avoidance of doubt, it is hereby declared that nothing in this section shall be affected by—
(a)
The failure or refusal of any person to lodge a claim for any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act or those Acts; or
(b)
Any purported denial or surrender by any person of any rights under this Act or those Acts; or
(c)
The fact that a person who has suffered personal injury covered by this Act or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982 is not entitled to any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act.
(3)
Nothing in this section shall apply to any proceedings relating to, or arising from,—
(a)
Any damage to property; or
(b)
Any express term of any contract or agreement; or
(c)
The unjustifiable dismissal of any person or any other personal grievance arising out of a contract of employment; but no compensation for personal injury covered by this Act or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982 shall be awarded in any such proceedings.
(4)
Nothing in this section shall prevent the bringing of any proceedings for damages in any Court in New Zealand in respect of the personal injury or personal injury by accident suffered by any person, in New Zealand or elsewhere, if the cause of action is any liability for damages under the law of New Zealand pursuant to any international convention relating to the carriage of passengers.
(5)
Where, in any proceedings before a Court, a question arises as to whether or not any person has suffered personal injury covered by this Act, or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982 or has died as a result of personal injury or personal injury by accident so suffered, no determination shall be made by the Court unless the Corporation is a party to the proceedings or is given an opportunity to be heard.
(6)
Nothing in this section shall affect any proceedings in respect of personal injury to which this Act applies by virtue of section 11 of this Act.
Compare: 1982, No. 181, ss. 27, 86
15 Powers of Corporation where claimant has other remedies
(1)
Where any treatment, service, rehabilitation, related transport, compensation, grant, or allowance is required to be provided or is paid or payable under this Act in respect of the personal injury of any person, and that person or the person to whom the treatment, service, rehabilitation, related transport, compensation, grant, or allowance is required to be provided or is paid or payable has the right to bring proceedings for damages in New Zealand or elsewhere in respect of that personal injury, the Corporation may require any person having a right to bring proceedings for damages in respect of the personal injury, at the option of that person,—
(a)
To take all reasonable steps to enforce the right; or
(b)
To assign the right to, and do all other things necessary to enable the right to be enforced by, the Corporation within a reasonable period.
(2)
Nothing in subsection (1) of this section shall empower the Corporation to meet the costs of any action unless it has taken an assignment under paragraph (b) of that subsection.
(3)
Where any treatment, service, rehabilitation, related transport, compensation, grant, or allowance is required to be provided or is paid or payable under this Act in respect of the personal injury of any person, and that person or the person to whom the treatment, service, rehabilitation, related transport, compensation, grant, or allowance is required to be provided or is paid or payable, has received a sum of money by way of damages, compensation, or settlement of any claim in New Zealand or elsewhere in respect of that personal injury, the Corporation shall, and an exempt employer may,—
(a)
Deduct from the cost of the treatment, service, rehabilitation, or related transport or from the compensation, grant, or allowance payable, a sum equivalent to the net amount received by way of damages, compensation, or settlement; or
(b)
Recover from the person as a debt due any amount that is in excess of the amount properly paid to the person, having regard to the provisions of this subsection.
(4)
Nothing in subsection (3) of this section shall apply in respect of—
(a)
Any money paid in respect of a claim by the injured person under any insurance policy:
(b)
Any payment from a registered superannuation scheme:
(c)
Any award of compensation under section 28 of the Criminal Justice Act 1985:
(d)
Any damages awarded under any Act.
Compare: 1982, No. 181, s. 86
16 No contracting out
(1)
The provisions of this Act shall have effect notwithstanding anything to the contrary in any contract or agreement; but nothing in this Act shall prevent any contract or agreement providing for greater benefits than, or benefits additional to, those provided under this Act.
(2)
No sick leave entitlement or other right of an employee shall be reduced by reason of the liability of any employer to make any payment under this Act.
17 Proceedings for damages for personal injury caused by gradual process, disease, or infection where exposure occurred before 1 April 1974
No proceedings for damages arising directly or indirectly out of personal injury that is caused by gradual process, disease, or infection from exposure of any person before the 1st day of April 1974 arising out of and in the course of employment within the meaning of this Act that ceased before that date shall be commenced in any Court in New Zealand independently of this Act on or after the 1st day of April 1993, whether by that person or any other person, and whether under any rule of law or any enactment.
Part III Rehabilitation, Treatment, and Prevention of Personal Injury
Rehabilitation
18 Right to rehabilitation
Every person who has suffered personal injury for which the person has cover under this Act is responsible for his or her own rehabilitation to the extent possible having regard to the person’s condition and is entitled to the extent provided by this Act to rehabilitation necessary to enable the person to lead as normal a life as possible, having regard to the consequences of his or her personal injury.
Compare: 1982, No. 181, s. 36(1)
19 Provision of rehabilitation
(1)
Except as provided in subsection (2) of this section, the Corporation shall not provide or meet the costs of rehabilitation for persons who have cover under this Act unless that rehabilitation is provided under an approved individual rehabilitation programme.
(2)
The Corporation may provide rehabilitation within the first 13 weeks following the personal injury in the absence of an approved individual rehabilitation programme.
20 Individual rehabilitation programme
(1)
Every individual rehabilitation programme referred to in subsection of this section shall be designed to meet fully the objectives of rehabilitation in respect of that person, irrespective of whether the services and funding of the programme are to be provided by the Corporation or from other sources.
(2)
Each individual rehabilitation programme shall consist of those elements of social and vocational rehabilitation as are appropriate to the individual and shall be prepared in compfiance with this Act and any regulations made under this Act.
(3)
Notwithstanding that the person is responsible for his or her own rehabilitation, the Corporation shall engage suitably qualified persons or organisations (in this Part referred to as “case managers”
) to—
(a)
Assist in the preparation and costing of individual rehabilitation programmes; and
(b)
Provide a service to link the person and the services available to help ensure implementation of the individual rehabilitation programme; and
(c)
Ensure the full participation of the person, any registered health professional providing treatment to that person, and any employer or potential employer of that person to the extent that those persons are willing and able to participate in the preparation and costing of the programme.
(4)
Before any individual rehabilitation programme is implemented, the case manager shall submit a copy of it to the Corporation for approval of that part of the programme (other than costs governed by regulations made under section 27 of this Act) as is proposed to be funded by the Corporation. The Corporation may approve that part of the programme in whole or in part, and shall meet the costs only of matters in respect of which and to the extent to which it has given its prior written approval. The approval of the Corporation shall be given by a person who is not a case manager.
(5)
No individual rehabilitation programme shall be submitted to the Corporation under subsection (4) of this section unless it has first been agreed to by the person for whom it is prepared or a person acting on that person’s behalf if that person is unable to so agree.
(6)
The programme may be modified from time to time, as necessary, to achieve the objectives of rehabilitation, and subsections (4) and (5) of this section shall apply in respect of the approval and implementation of any modification.
Compare: 1982, No. 181, s. 36(2)
21 Cost of rehabilitation assessments
The Corporation shall meet the cost of any assessment approved by the case manager as necessary in respect of the preparation of an individual rehabilitation programme or its modification under section 20(6) of this Act.
Vocational Rehabilitation
22 Right to vocational rehabilitation
(1)
Vocational rehabilitation shall be available to—
(a)
Those persons who are entitled to compensation for loss of earnings under sections 38, 39, and 44 of this Act:
(b)
Those persons who are entitled to compensation for loss of potential earning capacity under section 45 or section 46 of this Act:
(c)
Those persons who are likely, without rehabilitation, to be entitled to compensation for loss of potential earning capacity under section 46 of this Act upon the attainment of 18 years.
(2)
The objective of vocational rehabilitation is—
(a)
To restore that person, to the extent practicable, to his or her former capacity for work in the occupation engaged in prior to the commencement of incapacity or a similar occupation; or
(b)
In any other case, to enable the person to have a capacity for work.
(3)
The Corporation shall not make any provision or payment in respect of vocational rehabilitation unless it is satisfied that the provision or payment is necessary to enable the person to obtain or maintain employment, and is expected to be cost-effective for the Corporation.
(4)
The conditions under which vocational rehabilitation can be provided or paid for, and the maximum amounts which may be spent on vocational rehabilitation, may be prescribed in regulations made under this Act.
Compare: 1982, No. 181, s. 37(3)
23 Limitations on provision of, or payment for, vocational rehabilitation by Corporation
(1)
Except as provided in section 24 of this Act, the Corporation shall not provide or meet the costs of any vocational element of an individual rehabilitation programme that are incurred in respect of any period more than 1 year after the commencement of the vocational element of the programme unless it is satisfied that further provision of, or payment for, vocational rehabilitation is expected to result in the employment of the person to whom the programme applies.
(2)
No such further provision granted under subsection (1) of this section shall continue for a period exceeding 1 year.
24 Resumption of vocational rehabilitation
(1)
Where a person has undergone vocational rehabilitation resulting in the person obtaining full-time employment and the person is unable to maintain the employment by reason of his or her incapacity, the person’s vocational rehabilitation programme may be resumed with appropriate modification of its content.
(2)
The Corporation may at any time reassess the incapacity of any person, the person’s rehabilitation needs, and the potential market for that person’s skills and, if satisfied that there has been a change of circumstances so that vocational rehabilitation or further vocational rehabilitation is expected to be cost effective for the Corporation, commence or make further contributions to the vocational rehabilitation of the person.
(3)
The total vocational rehabilitation provided under section 23 of this Act and this section shall not exceed a period of 24 months in total which need not be consecutive.
25 Transfer from compensation for loss of earnings or loss of potential earning capacity to vocational rehabilitation allowance
(1)
Any person who is receiving vocational rehabilitation pursuant to an individual rehabilitation programme under sections 22 to 24 of this Act shall be entitled to a vocational rehabilitation allowance, and that person shall not have any entitlement to compensation for loss of earnings or loss of potential earning capacity while the vocational rehabilitation allowance is payable.
(2)
Every vocational rehabilitation allowance payable under this section shall be calculated in the same manner as weekly compensation for loss of earnings or loss of potential earnings, as the case may be, and all the provisions of this Act that apply to that compensation shall apply accordingly.
(3)
Where any person ceases to be entitled to the vocational rehabilitation allowance for any reason, that person shall cease to be entitled to vocational rehabilitation under this Act.
(4)
If, upon the cessation of the vocational element of the individual rehabilitation programme, the person remains incapacitated, the compensation for loss of earnings or loss of potential earning capacity to which that person is entitled shall recommence and be calculated as if the person had been receiving that compensation during the period in which the person was receiving the vocational rehabilitation allowance.
Social Rehabilitation
26 Social rehabilitation
(1)
In order to ensure—
(a)
Consistency of provision of social rehabilitation; and
(b)
Certainty of entitlement to social rehabilitation—no provision of, or payment in respect of, social rehabilitation shall be made by the Corporation in respect of any person except as required or permitted by regulations made under this Act.
(2)
The objective of social rehabilitation is to restore the independence of the person that has been lost by personal injury covered by this Act.
(3)
Any regulations referred to in subsection (1) of this section shall apply in respect of all persons, conditions, or items that are of the same class or category.
(4)
In this Act, “social rehabilitation”
includes, but is not limited to,—
(a)
Provision of, or payment for, attendant care; and
(b)
Purchase of, and modifications to, motor vehicles and other means of transport; and
(c)
Modifications to residential premises; and
(d)
Provision of, or payment for, household help; and
(e)
Provision of, or payment for, child care; and
(f)
Provision of, or payment for, wheelchairs and any other aids and appliances likely to assist independence in daily living.
(5)
The Corporation may provide or meet the cost of modifications to residential premises or purchase of or modifications to motor vehicles in respect of any rehabilitation programme at intervals of—
(a)
Not more frequently than 5 years; or
(b)
Less than 5 years only if the Corporation is satisfied that such purchase or modifications are necessary to enable the disabled person to obtain or maintain employment, and are expected to be cost-effective for the Corporation.
(6)
Nothing in subsection (5) of this section shall be so construed as to oblige the Corporation to provide or meet the cost of any purchase or modifications within or outside any 5-year period.
(7)
No payment in respect of any item referred to in subsection (4) of this section may be made by the Corporation other than under this section.
Compare: 1982, No. 181, ss. 37(3), 80(2), (3)
Treatment and Physical Rehabilitation
27 Treatment and physical rehabilitation
(1)
Where a person requires any treatment, service, physical rehabilitation, related transport, or certificate in respect of that person’s personal injury that is covered by this Act, the Corporation shall contribute to the cost of that treatment, service, physical rehabilitation, transport, or certificate, to the extent required or permitted by regulations made under this Act.
(2)
The Corporation shall not make any payment in respect of any treatment, service, physical rehabilitation, or related transport unless it is satisfied that the treatment, service, physical rehabilitation, or transport is necessary and appropriate and not excessive in number or duration.
(3)
Where the Corporation considers that any treatment, service, or physical rehabilitation was unnecessary, inappropriate, or excessive in number or duration it shall—
(a)
Give the provider a reasonable opportunity to comment on the matter; and
(b)
If satisfied that there may have been treatment, service or physical rehabilitation that was unnecessary, inappropriate, or excessive in number or duration—
report the circumstances to the appropriate body with a view to the institution of disciplinary proceedings, and to any other body that may be appropriate.
Compare: 1982, No. 181, ss. 72–76
28 Corporation may advance additional private hospital costs of treatment and recover amounts paid
(1)
The Corporation may advance all or part of the cost of any private hospital treatment and surgical, anaesthetic, and related fees in respect of the personal injury suffered by any person if those costs would otherwise be payable by that person and the Corporation is satisfied that the treatment is likely to result in a reduction of the liability or potential liability of the Corporation to pay any compensation or allowance or to provide rehabilitation.
(2)
The Corporation shall deduct any advance made by it under subsection (1) of this section from any net compensation, grant, or allowance otherwise payable to or in respect of the person concerned under this Act (whether or not in respect of the same personal injury) at a rate which shall be agreed prior to the Corporation meeting those costs and shall not be less than 25 percent nor more than 50 percent of the net compensation, grant, or allowance that would otherwise be payable.
(3)
To the extent that any advance under subsection (1) of this section is not recovered by the Corporation under subsection (2) of this section the amount not recovered shall constitute a debt due to the Corporation.
29 Conveyance for immediate treatment for work injury
Where an employee suffers a work injury that necessitates immediate removal for treatment, service, or physical rehabilitation of a kind for which the Corporation is required or permitted to make payments (irrespective of whether or not it makes any payment in the particular case)—
(a)
To a hospital or treatment provider; or
(b)
To a hospital or treatment provider and then to his or her place of residence or place of employment; or
(c)
To a treatment provider and then to a place for further treatment and then to his or her place of residence or place of employment—
the employer shall be liable to pay the reasonable costs of the provision of that transport in excess of any amount payable by the Corporation under regulations made under this Act.
Compare: 1982, No. 181, s. 72
General
30 Application of certain provisions to exempt employers
Where an employer is an exempt employer, every reference in sections 19 to 29 of this Act to the Corporation shall be read as a reference to the exempt employer.
31 Further provision of rehabilitation, treatment, service, or transport
Nothing in this Part of this Act shall prevent any employer, including any exempt employer, from providing any additional rehabilitation, treatment, service, or transport, or oblige any employer to do so.
32 Corporation payment to Crown Bank Account for public health care costs
(1)
In respect of the year ending with the 30th day of June 1992, the Corporation shall, not later than the 30th day of June 1992, pay to a Crown Bank Account nominated by the Minister of Finance the amount of $ 111.5 million relating to the public health care costs of motor vehicle injuries and work injuries.
(2)
Of the amount specified in subsection (1) of this section, the Corporation shall debit—
(a)
$ 29.4 million to the Employers’ Account; and
(b)
$ 82.1 million to the Motor Vehicle Account.
(3)
The Accounts referred to in subsection (2) of this section shall be reimbursed—
(a)
From levies paid by employers and self-employed persons under section 38 of the Accident Compensation Act 1982; and
(b)
From levies paid by owners of motor vehicles pursuant to section 47 of the Accident Compensation Act 1982—
respectively.
33 Powers of Corporation in relation to rehabilitation
(1)
The Corporation may, in its discretion, conduct, participate in, commission, or subsidise research into rehabilitation which is directed at increasing the efficiency of rehabilitation or reducing the cost of the compensation and rehabilitation provided under this Act.
(2)
The Corporation shall charge expenditure incurred under subsection (1) of this section to the Account or Accounts contributed to, by, or on behalf of those who are expected to benefit from the research.
(3)
The Corporation shall ensure that its activities under this section are co-ordinated with similar activities of other agencies of Government to ensure efficiency and avoid duplication.
(4)
Where the Corporation is required or permitted to make any payment in respect of rehabilitation, the Corporation may, instead of making the payment, provide the rehabilitation itself or by contract, or through any organisation funded in whole or in part by the Corporation.
Compare: 1982, No. 181, s. 37(5)
Prevention of Personal Injury
34 Promotion of safety
(1)
The Corporation shall promote measures to reduce the incidence and severity of accidents and other causes of personal injury.
(2)
The Corporation shall undertake or fund safety programmes if it is satisfied that such programmes are likely to result in a cost-effective reduction in actual or projected premium rates set under Part VII of this Act or expenditure from the Non-Earners’ Account.
(3)
Safety programmes may include publication and dissemination of safety literature and information, safety campaigns, exhibitions, and courses.
(4)
The Corporation may, in its discretion, conduct, participate in, commission, or subsidise research into the reduction of the incidence and severity of accidents and other causes of personal injury which is directed at reducing the cost of compensation and rehabilitation provided under this Act.
(5)
The Corporation shall charge expenditure incurred under this section to the Account or Accounts in respect of which the reduction in premium rates is expected.
(6)
The Corporation shall ensure that its safety programmes and research are co-ordinated with similar activities of other agencies of Government to ensure efficiency and avoid duplication.
Compare: 1982, No. 181, s. 35
35 Risk management services
(1)
The Corporation may provide risk management services in respect of work injury to employers and earners other than employees upon request.
(2)
The Corporation shall charge for any advice given under this section on a fully commercial basis.
36 Funding of occupational safety and health programmes
(1)
The Corporation shall in each financial year (at such time as the Minister determines) pay to the Department of Labour such amount as the Minister of Labour so determines for the purposes of the occupational safety and health operations of the Department of Labour.
(2)
Any amount paid under this section shall be debited to the Employers’ Account.
Part IV Compensation
37 Test of incapacity
For the purposes of this Part of this Act, whether or not a person to whom this Act applies is incapacitated shall be determined by whether or not the person is, by reason of his or her personal injury, for the time being unable to engage in employment in which the person was engaged when the personal injury occurred or, where section 49 of this Act applies, any other employment for which the person is qualified by reason of experience, education, or training, or any combination of them.
38 Compensation for loss of earnings payable to employees in respect of first week of incapacity
(1)
Compensation for loss of earnings is payable under this section to an incapacitated employee where the incapacity results from a work injury.
(2)
If, during the period beginning on the day on which the incapacity resulting from that work injury first commenced and ending with the close of the sixth day after that day, the employee loses, as a result of the incapacity, any earnings, the compensation payable to the employee is 80 percent of the amount of earnings lost by the employee.
(3)
In the absence of proof to the contrary, it shall be presumed that the earnings lost by the person as a result of incapacity is the difference between the earnings of the person in respect of the 7 days before the commencement of incapacity and the earnings of the person in respect of the period referred to in subsection (2) of this section.
(4)
Any compensation payable under this section shall, for the purposes of the Income Tax Act 1976, this Act, and the laws relating to insolvency, receivership, and the winding up of companies, be deemed to be salary or wages payable to the employee.
(5)
Any compensation payable under this section shall be paid by—
(a)
The employer in whose employment the work injury was suffered in respect of earnings lost from that employment; and
(b)
The Corporation in respect of earnings lost from any other employment.
(6)
Before making any payment under this section, the employer may require satisfactory evidence of the personal injury to be produced, including, at the expense of the employer, a certificate by a registered health professional nominated by the employer.
Compare: 1982, No. 181, ss. 57, 58
39 Compensation for loss of earnings payable to earners for incapacity generally
(1)
The weekly compensation for loss of earnings payable to an earner who is incapacitated as a result of personal injury in respect of any period to which section 38 of this Act does not apply is 80 percent of the earner’s weekly earnings.
(2)
The compensation for loss of earnings payable under this section shall be paid by the Corporation except to the extent that it is payable by an exempt employer under section 106 of this Act.
Compare: 1982, No. 181, ss. 59, 61
40 Calculation of weekly earnings where earner had earnings solely as an employee during the 12 months before commencement of incapacity
(1)
This section applies only to earners who are earners immediately before the commencement of the incapacity and who, during the 12 months immediately preceding the commencement of the period of incapacity, had earnings as an employee and who did not also have earnings other than as an employee.
(2)
The weekly earnings of any person to whom this section applies shall be—
(a)
In respect of each of the 4 weeks next following the first week of incapacity, the earnings as an employee during the 4 weeks immediately before the commencement of the incapacity divided by the number of full or part weeks of remunerated employment as an employee during that period:
(b)
In respect of any period of incapacity after the period referred to in paragraph (a) of this subsection, the lesser of—
(i)
l/52nd of the earnings of that person as an employee during the 52 weeks immediately before the commencement of the incapacity; or
(ii)
The weekly earnings calculated under paragraph (a) of this subsection.
(3)
Where, during the 12 months immediately preceding the commencement of the incapacity, an employee had more than 1 employer, the calculations made under subsection (2) of this section shall be made separately and then be combined.
Compare: 1982, No. 181, ss. 53, 56
41 Calculation of weekly earnings where earnings are solely earnings other than earnings as an employee during the 12 months before commencement of incapacity
(1)
This section applies only to earners who are earners immediately before the commencement of the incapacity and who had earnings other than earnings as an employee and who did not have earnings as an employee during the 12 months immediately preceding the commencement of the period of incapacity.
(2)
The weekly earnings of any person to whom this section applies shall be, in respect of any week of incapacity, the earnings of that person other than earnings as an employee in the most recent income year (as defined in section 2 of the Income Tax Act 1976) last ended before the commencement of the period of incapacity as shown in an income tax return divided by the number of weeks in that income year.
(3)
For the purposes of this section, an income tax return shall not be taken into account and shall have no effect unless the return has been filed with the Inland Revenue Department and the return, and any related accounts, have not been influenced by the fact of the incapacity or the effects or likely effects of the incapacity on the income or business activities of the person.
Compare: 1982, No. 181, ss. 53, 55
42 Calculation of weekly earnings where earner had both earnings as an employee and other earnings during the 12 months before commencement of incapacity
(1)
This section applies only to earners who are earners immediately before the commencement of the incapacity and who had both earnings as an employee and earnings other than as an employee during the 12 months immediately preceding the commencement of incapacity.
(2)
The weekly earnings of any person to whom this section applies shall be—
(a)
In respect of the 4 weeks next following the first week of incapacity:
(A + B) ÷ the number of weeks or part weeks during the 4 weeks immediately before the incapacity commenced during which those weekly earnings were earned—
where—
A
is the person’s earnings as an employee calculated under section 40(2)(a) of this Act multiplied by the number of weeks or part weeks during the 4 weeks immediately before the incapacity commenced during which those weekly earnings were earned:
B
is the weekly earnings of the person calculated under section 41 of this Act multiplied by the number of weeks or part weeks during the 4 weeks immediately before the incapacity commenced during which weekly earnings were earned other than as an employee:
(b)
In respect of any period of incapacity after the period referred to in paragraph (a) of this subsection, the lesser of—
(i)
The weekly earnings calculated under paragraph (a) of this subsection; or
(ii)
A+B—
where—
A
is a person’s earnings as an employee calculated under section 40(2)(b)(i) of this Act:
B
is the weekly earnings of the person calculated under section 41 of this Act.
(3)
Where, during the 12 months immediately preceding the commencement of the incapacity, an employee had more than 1 employer, the calculations made under subsection (2) of this section shall be made separately and then be combined.
43 Increase in weekly earnings for earners in full-time employment in certain circumstances
(1)
Where any earner in full-time employment whose earnings calculated under sections 40 to 42 of this Act are less than $ 245 a week is incapacitated by reason of a personal injury for more than 5 weeks after the incapacity first commenced in respect of that personal injury, the person shall be deemed to have had weekly earnings of $ 245 for the purpose of calculating compensation for loss of earnings payable in respect of any period after that 5-week period.
(2)
Notwithstanding subsection (1) of this section, in any case where the earner concerned has not attained the age of 20 years, the earner shall be deemed to have had weekly earnings of $ 196 for the purposes of this section until the earner attains the age of 20 years, and in respect of any subsequent period the earner shall be deemed to have had earnings of $ 245 a week immediately before the commencement of the incapacity.
(3)
Nothing in this section shall apply in respect of any period unless the Corporation is satisfied that, but for the incapacity, the person would have been an earner in full-time employment during that period.
(4)
Nothing in this section shall apply in any case where a person has an entitlement under any other provision of this Act to compensation for loss of earnings which is greater than the person’s entitlement under this section.
(5)
Nothing in this section shall be affected by the entitlement of any person to whom this section applies to any compensation under sections 58 to 60 of this Act.
44 Extension of entitlement to compensation for loss of earnings
(1)
Where a person has ceased to be an employee, the person shall be deemed to continue to be an employee for the purposes of this Part of this Act if—
(a)
The person had been an employee within 14 days before the commencement of the incapacity; and
(b)
The person had been an employee for a continuous period of not less than 12 months immediately before that 14-day period; and
(c)
But for the incapacity, the person would have been an employee within 3 months after the commencement of the incapacity.
(2)
Where an employee is entitled to receive any payment on ceasing employment and earner premium is payable in respect of that payment, that person shall be deemed to continue to be an employee for the purposes of this Act for so long as those payments constitute earnings by virtue of subsection (4)(a) of this section.
(3)
Subsection (1) of this section shall not apply in any case where the effect of subsection (2) of this section is to extend the person’s status as an employee for more than 14 days after the employment ceases.
(4)
Where this section applies—
(a)
The person concerned shall be deemed to be deriving earnings at the same rate as that person derived earnings while in employment immediately before the employment terminated; and
(b)
For the purposes of calculation of weekly earnings, the date of commencement of incapacity shall be deemed to be the last date of employment.
(5)
Nothing in this section shall cause any personal injury suffered by a person who is deemed to continue to be an employee under this section to be regarded as a work injury.
Compare: 1982, No. 181, s. 69
45 Purchase of weekly compensation by non-earners
(1)
Any person who is or has been an earner may elect on the prescribed form to purchase from the Corporation the right to receive compensation for loss of potential earning capacity in accordance with this section.
(2)
An election under this section may be made only by a person who—
(a)
Has had at least 12 months continuous employment; and
(b)
Makes the election while still in such employment or within 1 month after ceasing that employment; and
(c)
Pays the premium when required to do so.
(3)
Any election under this section shall be applicable for a period specified in the election which shall be not less than 3 months nor more than 2 years.
(4)
No election under this section shall have any effect in respect of any personal injury suffered before the election is made.
(5)
Every election under this section shall specify an amount which is to be treated as the earnings of the person for the purposes of this section.
(6)
The specified amount may be the weekly earnings of the person calculated under this Act as if the incapacity of the person commenced more than 5 weeks before the date of the election, or such lesser amount as is specified in the election.
(7)
Where any person in respect of whom an election is in force suffers incapacity resulting from personal injury that is covered by this Act, that person shall be entitled to compensation for loss of potential earning capacity as if that person had earnings at the rate specified in the election.
(8)
Compensation for loss of potential earning capacity under this section shall be payable for not more than 5 years after the date on which incapacity first commenced.
(9)
The premium payable under this section may be prescribed in regulations made under this Act and shall be assessed by the Corporation in any case where no premium is so prescribed.
(10)
Premiums shall be prescribed or assessed under this section with the objective of their being sufficient in any year to meet the full costs of the compensation payable under this section in that year and future years for any claims made under this section in respect of personal injury suffered in that year and the costs of administration of this section in that year.
(11)
Where any person who has made an election under this section resumes employment and the election is still in force—
(a)
The person shall be entitled, on application to the Corporation, to receive a refund of the premium paid in respect of the period between the date of the application and the date on which cover under this section would cease so long as that period is greater than 3 months:
(b)
Where no application for a refund has been made under paragraph (a) of this subsection, the person shall be entitled to receive compensation in respect of incapacity to which this Act applies based on the greater of earnings calculated under this section and earnings calculated as if this section did not apply.
(12)
Where any person has made an election under this section and has resumed employment at the time incapacity commences, the Corporation shall attribute to this section only those costs which would not have been incurred but for the operation of this section.
Compare: 1982, No. 181, s. 59(1)
46 Compensation for loss of potential earning capacity payable to person in respect of incapacity resulting from personal injury suffered before attaining 18 years of age or while studying
(1)
Compensation for loss of potential earning capacity shall be payable in respect of a person who—
(a)
Suffered personal injury before attaining the age of 18 years or while engaged in full time study or training which has been continuous since before the person attained the age of 18 years; and
(b)
Has attained the age of 18 years and is incapacitated by that personal injury; and
(c)
Has a capacity for work of less than 85 percent as determined in accordance with the scales prescribed by regulations made under this Act; and
(d)
Does not have weekly earnings in excess of $ 245 or, in the case of a person who has not attained the age of 20 years, does not have weekly earnings in excess of $ 196; and
(e)
Is not engaged in full-time study or training; and
(f)
Has been incapacitated for more than 6 months.
(2)
The weekly compensation payable to any such person shall be calculated by regarding the person as having had weekly earnings of $ 245 or, in the case of a person who has not attained the age of 20 years, by regarding the person as having had weekly earnings of $ 196 until the earner attains the age of 20 years; and in respect of any subsequent period the person shall be deemed to have had weekly earnings of $ 245 immediately before compensation first became payable under this section.
(3)
Nothing in this section shall apply in any case where a person has an entitlement under any other provision of this Act to compensation for loss of earnings which is greater than the person’s entitlement under this section.
(4)
Compensation payable under this section shall commence to be payable on the expiry of the period specified in subsection (1)(f) of this section.
(5)
Where any person has an entitlement under this section to compensation for loss of potential earning capacity which is greater than the person’s entitlement (if any) to compensation for loss of earnings under any other provision of this Act, that person shall not have any entitlement to compensation for loss of earnings.
Compare: 1982, No. 181, s. 63
47 Abatement of compensation for loss of earnings or loss of potential earning capacity
(1)
In determining the weekly compensation for loss of earnings or loss of potential earning capacity payable in respect of the incapacity of a person, the weekly earnings of the person shall be reduced by 30 cents for every $ 1 of earnings in excess of $ 50 a week but not in excess of $ 80 a week and by 70 cents for every $ 1 of earnings in excess of $ 80 a week.
(2)
For the purposes of this section, earnings include any payment made on the termination of employment (other than as redundancy or superannuation); and those earnings shall be deemed to be being derived at the same rate after the termination of employment as the earner received earnings immediately before that termination. For the purposes of this section, earnings do not include compensation for loss of earnings or loss of potential earning capacity or any other compensation payable under this Act.
(3)
The amounts specified in subsection (1) of this section shall be adjusted as provided for in section 70 of this Act.
Compare: 1982, No. 181, s. 59(1)
48 Maximum compensation for loss of earnings
(1)
Where the compensation for loss of earnings of any person as calculated under this Part of this Act exceeds $ 1,179 a week, the maximum amount that may be paid to that person shall be $ 1,179 a week.
(2)
The amount specified in subsection (1) of this section shall be adjusted as provided for in section 70 of this Act.
Compare: 1982, No. 181, s. 59(10)
49 Cessation of compensation for loss of earnings or loss of potential earning capacity
(1)
Where 12 months have elapsed since the incapacity of a person first commenced, and that person has a capacity for work of 85 percent or more as determined under section 51 of this Act, that person shall cease to be eligible to receive compensation for loss of earnings or loss of potential earning capacity in respect of any further incapacity arising from the same personal injury irrespective of whether or not there are any employment opportunities existing in any employment for which the person is then suited.
(2)
Where, during any 12-month period referred to in subsection (1) of this section, the person concerned has not received compensation for loss of earnings or loss of potential earning capacity in respect of at least 6 months, the 12-month period shall be extended by 3 months.
50 Minimum period of further compensation
No cessation of compensation for loss of earnings or loss of potential earning capacity under section 49 of this Act or by reason of the person ceasing to qualify under section 46(1)(c) of this Act shall have effect until 3 months after the date on which the notice of the assessment that the person has a capacity for work of 85 percent or more has been given in writing to the person concerned.
51 Assessment of degree of incapacity
(1)
Any person who has received compensation for loss of earnings for more than 6 months after incapacity first commenced or who may have an entitlement to compensation for loss of potential earning capacity shall have his or her degree of incapacity resulting from personal injury determined in accordance with scales prescribed by regulations made under this Act which may take into account impairment, disability, and handicap for work.
(2)
Nothing in subsection (1) of this section shall limit the power of the Corporation or an exempt employer to have the incapacity of a claimant assessed at any time more than 6 months after the incapacity commenced.
(3)
The assessment of incapacity under this section shall be undertaken by and at the expense of the Corporation.
(4)
Where any such assessment is that the person has a capacity for work of less than 85 percent, the Corporation shall, unless it is satisfied that no purpose would be served by a further assessment, redetermine the incapacity of the person resulting from the personal injury at intervals of not less than 6 months.
(5)
In any assessment of incapacity under this section, any incapacity that does not arise from personal injury covered by this Act, or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982, and in respect of which a claim has been accepted, shall be disregarded.
(6)
Notwithstanding anything to the contrary in this section or section 49 or section 50 of this Act, where any person who has been assessed under this section as having a capacity for work of 85 percent or more refuses, without good reason, an offer of permanent employment in which that person could earn more than $ 245 a week (or $ 196 a week in the case of a person who has not attained the age of 20 years), that person shall not be entitled to any further compensation for loss of earnings or loss of potential earning capacity in respect of that incapacity; and for the purposes of this subsection it shall not be a good reason to refuse an offer of permanent employment—
(a)
That the person is caring for a child if that child has attained the age of 14 years unless that child is disabled by a physical or mental condition that requires that person to care for that child; or
(b)
That the person has a fear of—
(i)
A recurrence or aggravation of a condition; or
(ii)
Repetition of the occurrence of an accident; or
(iii)
Occurrence of further personal injury unless that fear is a mental injury to which section 4(1) of this Act applies or mental or nervous shock to which section 8(3) of this Act applies.
(7)
Nothing in subsection (6) of this section shall apply in any case where the person is actively participating in a vocational rehabilitation programme or has completed such a programme within the previous 3 months, and the offer of permanent employment is not compatible with the objectives of that rehabilitation programme.
(8)
Where a person’s entitlement to compensation for loss of earnings or loss of potential earning capacity has ceased by virtue of this section or of section 46(1)(c) or of section 49 of this Act, and the Corporation considers that the degree of incapacity has increased so that the person’s capacity for work is less than 85 percent, the Corporation may reassess the person’s degree of capacity for work and the person shall be entitled to compensation for loss of earnings or loss of potential earning capacity from the later of—
(a)
The date of the assessment; or
(b)
The date 6 months after the date on which compensation for loss of earnings or loss of potential earning capacity ceased to be payable by virtue of this section or of section 46(1)(c) or of section 49 of this Act.
(9)
Notwithstanding subsection (8) of this section, where a Person’s entitlement to compensation for loss of earnings or loss of potential earning capacity has ceased by virtue of this section or of section 46(1)(c) or of section 49 of this Act, and the incapacity of the person subsequently increases because of medical or surgical treatment in respect of the personal injury that caused the prior incapacity, the person shall again be eligible to receive compensation for loss of earnings or loss of potential earning capacity where the capacity for work is less then 85 percent as determined in accordance with the scales prescribed in regulations made under this Act.
(10)
Where—
(a)
Subsection (9) of this section applies; and
(b)
Compensation for loss of earnings or loss of potential earning capacity resumes; and
(c)
The person again has a capacity for work of 85 percent or more,—
then compensation for loss of earnings or loss of potential earning capacity shall cease immediately.
52 Age limits
(1)
Except as provided in this section, a person who has attained the national superannuation qualification age shall not be entitled to any compensation for loss of earnings or loss of potential earning capacity under this Act.
(2)
Compensation for loss of earnings calculated under sections 40 to 42 of this Act shall not cease on account of age unless it has been paid for a total of 24 months from the commencement of incapacity to any person who first qualifies for it after attaining an age within 24 months before the national superannuation qualification age or any greater age.
Compare: 1982, No. 181, s. 66
53 Right to elect to receive compensation for loss of earnings or loss of potential earning capacity rather than national superannuation
(1)
No compensation for loss of earnings or loss of potential earning capacity shall be payable under section 52(2) of this Act to any person who has attained the national superannuation qualification age unless that person has made an irrevocable election not to receive national superannuation in respect of any period for which that person is entitled to receive compensation for loss of earnings or loss of potential earning capacity under this Act.
(2)
Any election made under this section must be made—
(a)
Within 1 month of the commencement of the incapacity in respect of which the compensation is payable; or
(b)
At any time not later than 1 month before the attainment by the person of the national superannuation qualification age—
whichever last occurs.
Independence Allowance
54 Independence allowance
(1)
Subject to this section, every person who has cover under this Act is entitled to receive an independence allowance where the person’s personal injury has resulted in a degree of disability of 10 percent or more.
(2)
Any entitlement to the independence allowance shall commence not earlier than 13 weeks after the date on which the personal injury causing that disability was suffered.
(3)
The independence allowance shall be paid by the Corporation quarterly in advance, and no action shall be taken to recover any quarterly payment (or part thereof) in respect of any person who dies or whose disability lessens or ceases during that quarter.
(4)
The amount of the independence allowance shall be $ 40 per week for persons who have a degree of disability of 100 percent, and shall be at such lesser graduated rates as are set by regulations made under this Act in respect of those persons with lesser degrees of disability.
(5)
The Corporation shall not pay any independence allowance unless the assessment of the degree of disability of the person in respect of whom it is to be paid has been made in accordance with—
(a)
Scales prescribed under this Act which may be based on impairment or disability or a combination of impairment and disability; or
(b)
In the absence of the scales referred to in paragraph (a) of this subsection, the American Medical Association Guides to the Evaluation of Permanent Impairment (Second Edition)—
and any such allowance shall be payable from the date of the assessment or the date determined under subsection (2) of this section, whichever is the later.
(6)
Notwithstanding anything in subsection (5) of this section, if the assessment has not been made within 13 weeks after the date on which the personal injury causing that disability was suffered, but the Corporation is satisfied that—
(a)
The assessment has not been completed (whether or not it has been commenced) for reasons beyond the control or responsibility of the injured person; and
(b)
If the assessment had been completed the degree of disability of the injury would have entitled the person to an independence allowance—
the Corporation shall pay an independence allowance as if the injured person’s degree of disability had been assessed at a percentage estimated by the Corporation.
(7)
No independence allowance shall be payable under subsection (6) of this section for a period exceeding 12 months from the day on which the personal injury was suffered.
(8)
Where an independence allowance is paid to a person under subsection (6) of this section and that person’s degree of disability is subsequently assessed to be greater than that estimated by the Corporation, that person shall be entitled to receive the independence allowance as if that assessment had been made 13 weeks after the date on which the personal injury was suffered.
(9)
The Corporation shall be entitled to recover any amount paid under subsection (6) of this section if the assessment subsequently establishes that the degree of disability is less than that estimated by the Corporation.
(10)
The assessment of the degree of disability shall be undertaken on behalf of and at the expense of the Corporation.
(11)
Without limiting subsection (12) of this section, the Corporation shall reassess the degree of disability of each injured person at intervals not exceeding 5 years.
(12)
The Corporation may, on its own motion, or at the request of the injured person, reassess the degree of disability of that person and make any appropriate adjustment to the independence allowance payable as from the commencement of the next quarter, but not more than 1 reassessment may be undertaken in any 12-month period.
(13)
In any assessment of disability under this section, any disability that does not arise from personal injury covered by this Act, or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982, and in respect of which a claim has been accepted by the Corporation, shall be disregarded.
(14)
Where any person who has received a payment under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982 is assessed for the purposes of establishing an entitlement to an independence allowance, the person’s disability assessed under subsection (5) of this section shall be reduced by the percentage or percentages of permanent loss or impairment of bodily function upon which any payment or payments under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982 were based.
(15)
For the purposes of assessments under this section, regulations made under this Act may—
(a)
Extend or modify the American Medical Association Guides to the Evaluation of Permanent Impairment (Second Edition) or any subsequent edition of those guides that may be prescribed for the purposes of this section:
(b)
Prescribe scales other than the American Medical Association Guides to the Evaluation of Permanent Impairment (Second Edition) to be used for the purposes of this section, which may be later editions of those guides, or other scales.
Compare: 1982, No. 181, ss. 78, 80(1)
Death Benefits
55 Funeral grant
A funeral grant of $ 1,900 shall be payable in respect of every person who dies as a result of personal injury covered by this Act and shall be payable to the personal representatives of the deceased.
Compare: 1982, No. 181, s. 81
56 Survivor’s grant
A survivor’s grant shall be payable in respect of every person who dies as a result of personal injury covered by this Act as follows:
(a)
To a surviving spouse of the deceased, $ 4,000, but, where there is more than one surviving spouse, that amount shall be divided equally between them:
(b)
To each child of the deceased, who has not attained the age of 18 years, $ 2,000:
(c)
To any other dependant of the deceased, $ 2,000.
Compare: 1982, No. 181, s. 82
57 Child not born at death of deceased
For the purposes of this Act, any child of the deceased who is born within 12 months after the deceased’s death shall be deemed to be dependent on the deceased at the date of the deceased’s death and to be being cared for by that child’s surviving parent on that date.
Compare: 1982, No. 181, s. 85
58 Weekly compensation to surviving spouse
(1)
Weekly compensation shall be payable to a surviving spouse of a person who dies as a result of personal injury covered by this Act.
(2)
The weekly compensation payable to a surviving spouse under subsection (1) of this section shall cease upon the latest of—
(a)
The expiry of a period of 5 consecutive years from the date on which it first became payable:
(b)
The surviving spouse ceasing to have the care of any child of the deceased or that child attaining the age of 18 years:
(c)
The surviving spouse ceasing to have the care of any other dependant of the deceased.
(3)
The weekly compensation payable to a surviving spouse under subsection (1) of this section shall not be cancelled or suspended by reason of the remarriage of the spouse or the age that the deceased would have attained if the deceased had not died.
(4)
Subject to section 61 of this Act, the compensation payable under subsection (1) of this section shall be payable from the date of death at the rate of 60 percent of the compensation for loss of earnings or loss of potential earning capacity to which the deceased person would have been entitled at the expiry of 5 weeks of incapacity or 6 months of incapacity, respectively, had he or she remained alive but been totally incapacitated.
(5)
No compensation shall be payable under this section to any person who has attained national superannuation qualification age unless that person has made an irrevocable election not to receive national superannuation in respect of any period for which that person is entitled to receive compensation under this section.
(6)
Any election made under subsection (5) of this section must be made—
(a)
Within 3 months after the date of the death of the deceased; or
(b)
At any time not later than 1 month before the attainment of the national superannuation qualification age—
whichever last occurs.
Compare: 1982, No. 181, ss. 65, 66, 70
59 Weekly compensation payable to children
(1)
Weekly compensation shall be payable to any child of a person who dies as a result of personal injury covered by this Act.
(2)
Subject to section 61 of this Act, the compensation payable under subsection (1) of this section shall be payable from the date of death at the rate of 20 percent of the compensation for loss of earnings or loss of potential earning capacity to which the deceased person would have been entitled at the expiry of 5 weeks of incapacity or 6 months of incapacity, respectively, had that person remained alive but been totally incapacitated.
(3)
The compensation payable under subsection (2) of this section shall be doubled in respect of any period where both parents of the child are deceased.
(4)
Compensation payable under this section to a child of the deceased shall not be payable after the latest of—
(a)
The expiry of the calendar year in which the child attains the age of 18 years; or
(b)
In the case of a child engaged in full-time study at a place of education, the earlier of the cessation or completion of that study or the child attaining the age of 21 years.
(5)
The weekly compensation payable to a child under subsection (1) of this section shall not be cancelled or suspended by reason of the age that the deceased would have attained if the deceased had not died.
Compare: 1982, No. 181, s. 65
60 Weekly compensation payable to other dependants
(1)
Weekly compensation shall be payable to any other dependant of a person who dies as a result of personal injury covered by this Act.
(2)
Subject to section 61 of this Act, the compensation payable under subsection (1) of this section shall be payable from the date of death at a rate of 20 percent or the compensation for loss of earnings or loss of potential earning capacity to which the deceased person would have been entitled at the expiry of 5 weeks of incapacity and 6 months of incapacity, respectively, had that person remained alive but been totally incapacitated.
(3)
Compensation payable under this section to a dependant shall cease upon the latest of the person—
(a)
Attaining national superannuation qualification age, unless that dependant—
(i)
Had not attained that age but was within 24 months of attaining that age at the date of the deceased’s death; and
(ii)
Has made an irrevocable election under subsections (4) and (5) of this section not to receive national superannuation in respect of any period for which that person is entitled to receive compensation under this section—
in which case compensation shall be payable under this section for a period of 24 months from the date of the deceased’s death; or
(b)
Deriving annual earnings greater than $ 12,740; or
(c)
Attaining a capacity for work of 85 percent or more as determined in accordance with scales prescribed by regulations made under this Act.
(4)
No compensation shall be payable under this section to any person who has attained national superannuation qualification age unless that person has made an irrevocable election not to receive national superannuation in respect of any period for which that person is entitled to receive compensation under this section.
(5)
Any election made under subsection (4) of this section must be made—
(a)
Within 3 months after the death of the deceased; or
(b)
At any time not later than 1 month before the attainment of the national superannuation qualification age—whichever last occurs.
(6)
The weekly compensation payable to a dependant under subsection (1) of this section shall not be cancelled or suspended by reason of the age that the deceased would have attained if the deceased had not died.
Compare: 1982, No. 181, ss. 65, 66
61 Maximum payments
The total amount of weekly compensation payable under sections 58 to 60 of this Act shall not exceed the compensation to which the deceased person would have been entitled on the expiry of 5 weeks of incapacity in respect of compensation for loss of earnings and 6 months of incapacity in respect of compensation for loss of potential earning capacity had that person remained alive and had no capacity for work; and, if necessary to achieve this, all compensation calculated under those sections shall be reduced pro rata accordingly and readjusted from time to time as appropriate.
Compare: 1982, No. 181, s. 65(7)
62 Spouse status or dependency arising after date of personal injury
Where a person becomes the spouse or a dependant of a person after the date on which the person suffered personal injury, and is the spouse or a dependant of that person at the date of that person’s death as a result of personal injury covered by this Act, compensation, grants, and allowances shall be payable in accordance with this Act unless the main purpose of the person becoming a spouse or dependant was so that the person would qualify for compensation, grants, or allowances under this Act.
Part V Claims for Payments
63 Claims
(1)
Every claimant for cover under this Act shall lodge a claim in the prescribed form.
(2)
No claimant shall be entitled to any payment in respect of personal injury unless that claimant has lodged a claim for cover within 12 months after the date on which the personal injury is suffered.
(3)
For the purposes of this section, where a claim involves conduct of a kind described in section 8(3) of this Act, the personal injury shall be deemed to have been suffered on the date on which the person first received treatment for that personal injury as that personal injury, being treatment of a kind for which the Corporation is required or permitted to make payments, irrespective of whether or not it makes any payment in the particular case.
(4)
The Corporation shall not make any payment in respect of any rehabilitation, compensation, grant, or allowance for which an itemised written application has not been made.
(5)
Every claim or application made under this section shall be signed by the claimant unless it is necessary for the claim or application to be signed by another person on the claimant’s behalf. Any person signing a claim form on behalf of a claimant shall state his or her relationship to the claimant and the reason why the claimant is unable to sign the form.
(6)
The Corporation shall, within 1 month after a duly completed claim for cover in respect of personal injury is first lodged, acknowledge receipt of the claim and provide, for the information of the claimant, general information about the rights of review and appeal available under this Act.
Compare: 1982, No. 181, ss. 93, 96, 97, 98, 99
64 Responsibilities of claimant
(1)
Every person who claims for or is in receipt of any rehabilitation, compensation, grant, or allowance shall, when reasonably required to do so by the Corporation,—
(a)
Give to the Corporation the prescribed certificate of a registered health professional as to such matters, and containing such information, as the Corporation requires:
(b)
Furnish to the Corporation such other relevant information as the Corporation requires:
(c)
Authorise the Corporation to obtain medical and other records which are or may be relevant to the claim:
(d)
Undergo examination, at the expense of the Corporation, by an appropriate registered health professional specified by the Corporation for the purpose:
(e)
Undergo assessment of impairment, disability, or handicap at the expense of the Corporation:
(f)
Undergo assessment of present and likely capabilities for the purposes of rehabilitation at the expense of the Corporation:
(g)
Take action by way of rehabilitation in order to endeavour to terminate or reduce the extent of any impairment, disability, or handicap.
(2)
Every claimant under this Act and every person who is receiving or has received any payment or rehabilitation under this Act shall, whenever required by the Corporation, give to the Corporation a statement in writing, and, if the Corporation so requires, as a statutory declaration or in a form supplied by the Corporation, with respect to such matters relating to the person’s entitlement or continuing entitlement to any payment or rehabilitation under this Act as the Corporation specifies.
Compare: 1982, No. 181, ss. 87, 99
65 Acceptance of work injury claims
(1)
Except as provided in subsection (3) of this section, a work injury claim may be lodged with the relevant employer or the Corporation.
(2)
Where any work injury claim is lodged with an employer (other than an exempt employer), that employer shall forward the claim to the Corporation together with a work injury report as soon as practicable.
(3)
A work injury claim in respect of employment with an exempt employer may be lodged only with that employer.
(4)
Where any work injury claim is lodged direct with the Corporation, the Corporation shall refer a copy to the employer and request a work injury report within 21 days, unless it is a work injury claim to which subsection (7) of this section applies.
(5)
The claimant may submit the claim directly to the Corporation where any exempt employer no longer exists.
(6)
Where a work injury claim has been lodged and there is a dispute as to whether or not a work injury has occurred, or the employer refuses to supply a work injury report when so requested, the Corporation shall determine the matter and advise the parties in writing of its decision.
(7)
Where any work injury claim involves conduct of a kind described in section 8(3) of this Act, the employee may submit the claim directly to the Corporation and request that the Corporation not treat the matter as a work injury claim for the purposes of this Act; and the Corporation shall comply with any such request and the costs of the claim shall be met from the Non-Earners’ Account.
Compare: 1982, No. 181, s. 96
66 Claims not actioned may be treated as rejected
(1)
Where the Corporation has not, within 1 month after a duly completed claim for cover or for any itemised treatment, service, rehabilitation, related transport, compensation, grant, or allowance is lodged, advised the claimant of its decision or made a reasonable request for further information, the claimant shall be entitled to treat the claim as having been rejected by the Corporation and may apply for a review of that decision under section 89 of this Act.
(2)
Where the Corporation has not, within 1 month after a reasonable request of a claimant for further information has been met, advised the claimant of its decision or made a reasonable request for further information, the claimant shall be entitled to treat the claim as having been rejected by the Corporation and may apply for a review of that decision under section 89 of this Act.
67 Notice of decisions
(1)
The Corporation shall, as soon as practicable, give to any person who is entitled to apply for a review under section 89 of this Act notice, in writing, of any decision in respect of which that person could make an application for review.
(2)
Where any decision of the Corporation referred to in subsection (1) of this section is not wholly in favour of the person, the Corporation shall provide to that person, in writing, the reasons for the decision and general information about the rights of review and appeal available under this Act if that general information has not been provided within the previous 6 months.
Compare: 1982, No. 181, s. 100
68 Application of sections 63, 64, 66, and 67 to exempt employers
In any case where any amount in respect of rehabilitation, treatment, service, related transport, compensation, grant, or allowance is payable by an exempt employer, every reference in sections 63, 64, 66, and 67 of this Act to the Corporation shall be read as a reference to the exempt employer.
Miscellaneous Provisions
69 Effect on cover of acceptance of premium
The acceptance by the Corporation or any agent of the Corporation of any levy under the Accident Compensation Act 1982 or any premium under this Act shall not confer cover on any person in respect of personal injury by accident or personal injury, otherwise than in accordance with that Act or this Act.
Compare: 1982, No. 181, s. 113
70 Indexation of compensation based on weekly earnings and related amounts
Compensation based on weekly earnings, and the amounts specified in paragraph (a) of the definition of the term “other dependant”
in section 3 of this Act and in sections 43, 46, 47, 48, 51, 60, and 74 of this Act, shall be adjusted not less than once in every calendar year in accordance with a formula or formulae prescribed in regulations made under this Act relating to movements in average weekly earnings.
71 Indexation of independence allowance and grants
The independence allowance and the amounts specified in sections 55 and 56 of this Act shall be adjusted not less than once in every calendar year in accordance with a formula or formulae prescribed in regulations made under this Act relating to movements in the Consumer Price Index.
72 Payment of interest where Corporation or exempt employer makes late payment of compensation based on weekly earnings
Where any payment of compensation based on weekly earnings to which a claimant is entitled is not paid by the Corporation or exempt employer within 1 month after the Corporation or exempt employer has received all information necessary to enable calculation of the payment, interest shall be paid on the amount payable by the Corporation or exempt employer at the rate for the time being prescribed by or for the purposes of section 87 of the Judicature Act 1908 from the date on which payment should have been made to the date on which it is made.
73 Suspension, cancellation, or refusal of compensation and rehabilitation
(1)
The Corporation shall, and any exempt employer may, if not satisfied on the basis of the information in its possession that a person is entitled to continue to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act, suspend or cancel that payment for treatment, service, or related transport, or the payment of compensation, grant, allowance, or provision of rehabilitation.
(2)
The Corporation shall, and any exempt employer may, upon the unreasonable refusal or failure of any person to—
(a)
Comply with any requirement made under any provision of this Act relating to any claim; or
(b)
Undergo medical or surgical treatment in respect of personal injury (irrespective of whether the Corporation is required or permitted to contribute towards the costs of that treatment); or
(c)
Agree to an individual rehabilitation programme—decline to make any payment under this Act.
Compare: 1982, No. 181, s. 87
74 Advances of compensation and grants
(1)
Except as provided in this section and section 54(3) of this Act, the Corporation shall not pay any compensation, grant, or allowance in advance.
(2)
The Corporation may pay any compensation based on weekly earnings or a survivor’s grant without the full details necessary to support the relevant claim in any case where—
(a)
Details of earnings of any person are not available, and their unavailability is not due to the fault of that person; or
(b)
A person is missing and the Corporation is satisfied—
(i)
That the person is probably dead; and
(ii)
That the presumed death occurred in circumstances in which the person is likely to have cover under this Act.
(3)
Where any compensation or grant is paid under this section in circumstances in which it is subsequently found that it was not properly payable, any amount not properly paid shall be recoverable by the Corporation as a debt due to it, or by deduction from any compensation or grant otherwise payable to that person (whether or not in respect of the same personal injury).
(4)
Where compensation based on weekly earnings is paid in advance under this section, the maximum amount that may be paid as weekly compensation shall be the amount that would be payable if the person on whose earnings the compensation is to be based had weekly earnings of $ 245.
Compare: 1982, No. 181, s. 88
75 Adjustment of payments for part periods
Where any amount is payable under this Act on a weekly basis and the entitlement to that payment ceases other than at the end of a week, an appropriate adjustment may be made.
76 Taxation of compensation
(1)
The only compensation paid under this Act that shall constitute income of the recipient for the purposes of the Income Tax Act 1976 is—
(a)
Payment of compensation for loss of earnings:
(b)
Payment of compensation for loss of potential earning capacity:
(c)
Any payment under sections 25, 58, 59, and 60 of this Act.
(2)
For the avoidance of doubt, it is hereby declared that the following payments are not to be treated as income or earnings of any person for the purposes of this Act or the Income Tax Act 1976:
(a)
Any independence allowance payable under section 54 of this Act:
(b)
Any survivor’s grant payable under section 56 of this Act:
(c)
Any funeral grant payable under section 55 of this Act:
(d)
Any payment under this Act or regulations made under this Act to an injured person in respect of rehabilitation, other than any amount paid under section 25 of this Act.
77 Recovery of overpayments and unpaid premiums by Corporation
(1)
If any person receives any sum of money from the Corporation—
(a)
Which is in excess of the amount to which he or she is entitled under this Act; or
(b)
To which he or she is not entitled—
the sum of money shall be a debt due to the Corporation and may be recovered by way of proceedings or deducted from any amount thereafter payable to that person (whether or not in respect of the same personal injury).
(2)
The Corporation shall remit in whole or in part a debt which arose as a result of an error not intentionally contributed to by the debtor if the Corporation is satisfied that the person receiving the amount so paid in error did so in good faith and has so altered his or her position in reliance on the validity of the payment that it would be inequitable to require repayment.
(3)
Where any treatment, service, compensation, related transport, grant, or allowance has been overpaid or any rehabilitation has been provided as a result of the recipient having—
(a)
Knowingly made an incorrect statement on any matter relevant to his or her entitlement; or
(b)
Failed to inform the Corporation of any matter which he or she ought to have known was relevant to his or her entitlement—
the recipient shall be liable to pay a penalty of 10 percent per annum of the amount so overpaid or value of the rehabilitation provided (calculated from the date of the overpayment to the date of payment of the penalty).
(4)
If, in any case to which subsection (3) of this section applies, the Corporation is satisfied that the recipient intended to mislead an employee or agent of the Corporation or any person contracted to the Corporation for the purpose ofreceiving any treatment, service, compensation, related transport, grant, allowance, or rehabilitation (or part thereof) to which the recipient was not entitled, the person shall be liable to pay a penalty of three times the amount of the overpayment.
(5)
A penalty under this section may be recovered as if it were an overpayment of an amount payable under this Act.
(6)
If any premium payable under this Act remains unpaid after the last date for payment, the amount unpaid and any penalty imposed under this Act in respect of that amount shall constitute a debt due to the Corporation and may be recovered by way of proceedings by the Corporation or deducted from any amount thereafter payable under this Act to the person from whom the premium is due.
(7)
Sections 401 and 402 of the Income Tax Act 1976 shall, with the necessary modifications, apply to any action for the recovery of any amount relating to premiums under sections 101, 102, and 114 of this Act by the Corporation pursuant to this section as if every reference therein to a tax were a reference to any amount which may be recovered pursuant to this section and every reference therein to the Commissioner were a reference to the Corporation.
(8)
Notwithstanding any other shorter period of limitation in any statute, an action or remedy for the recovery of any premium may be taken until the expiry of 10 years from the date on which the premium became payable.
(9)
The Corporation may write off any amount recoverable under this Act (whether or not any steps to recover the same have been taken) if, in the opinion of the Corporation, the amount is irrecoverable or cannot without disproportionate expense be recovered.
Compare: 1982, No. 181, s. 114(1), (2), (8), (6), (7)
78 Payments to and from Department of Social Welfare
(1)
Where any payment (including a payment under section 74 of this Act) is made by the Corporation to a person who does not establish a claim to any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act but who establishes a claim to a benefit under Part I of the Social Security Act 1964, the Department of Social Welfare (with the concurrence of the Corporation) may treat the amount so paid or so much thereof as it thinks fit as having been paid in respect of that benefit, and may refund to the Corporation, out of money appropriated by Parliament for the purpose, so much of the payment as is treated under this subsection as having been paid in respect of that benefit. Any amount that is treated under this subsection as having been paid in respect of any such benefit shall for all purposes be deemed to have been so paid.
(2)
Where any payment is made under Part I of the Social Security Act 1964 to a person who establishes a claim to any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act, if the amount paid in respect of the benefit is in excess of the amount properly payable having regard to the compensation, the Corporation (with the concurrence of the Department of Social Welfare) may treat the amount so paid or so much thereof as it thinks fit as having been paid in respect of that treatment, service, rehabilitation, related transport, compensation, grant, or allowance and may refund to the Department of Social Welfare, so much of the payment as is treated under this subsection as having been paid in respect of that treatment, service, rehabilitation, related transport, compensation, grant, or allowance. Any amount that is treated under this subsection as having been paid in respect of that treatment, service, rehabilitation, related transport, compensation, grant, or allowance shall for all purposes be deemed to have been so paid.
(3)
Where any amount is paid by the Corporation under this section to any person so far as the person does not establish a claim to it as treatment, service, rehabilitation, related transport, or compensation, or a grant or allowance, and the amount is not treated under subsection (1) of this section as having been paid in respect of a benefit under Part I of the Social Security Act 1964, it shall constitute a debt due to the Corporation which may be recovered by the Corporation in accordance with section 77 of this Act.
Compare: 1982, No. 181, s. 88(2), (3)
79 Effect of decisions of Corporation
(1)
Every decision of the Corporation shall continue to be of full effect notwithstanding that any review or appeal or other proceeding may have been commenced in respect of that decision.
(2)
No obligation to pay any premium or right to receive or recover any premium shall be suspended because any review or appeal or other proceeding may have been commenced in respect of that premium.
(3)
No decision of any Court on any matter arising under this Act shall be implemented until any appeal under this Act has been determined or the period for lodging an appeal under this Act has expired and no appeal has been lodged.
Compare: 1982, No.181, s. 101(1)
80 Certain payments in respect of children payable to parent or financially responsible person
(1)
Where any person who has not attained the age of 16 years is entitled to any payment (other than compensation for loss of earnings under sections 38 and 39 of this Act), that payment shall be made to a person who is caring for that person.
(2)
Where the Corporation or exempt employer determines that the whole or any portion of any amount payable to any person should be paid to another person, that other person shall apply the money so paid for the maintenance, education, advancement, or benefit of the person entitled to the compensation, grant, or allowance.
(3)
The Corporation or exempt employer shall not be under any obligation to see to the application of any money paid to any person pursuant to this section, and shall not be under any liability to any claimant in respect of any such payment.
Compare: 1982, No. 181, s. 84
81 Wilfully self-inflicted personal injuries and suicide
(1)
No compensation, grant, allowance, or rehabilitation shall be payable or provided under this Act in respect of—
(a)
Any personal injury that a person wilfully inflicts on himself or herself, or, with intent to injure himself or herself, causes to be inflicted upon himself or herself, or death resulting therefrom; or
(b)
The death of any person where the death was due to suicide.
(2)
Nothing in this section shall affect the entitlement of any person where the personal injury or suicide was the result of mental injury or conduct of a kind described in section 8(3) of this Act.
Compare: 1982, No. 181, s. 90
82 Disqualification through conviction for murder
(1)
In this section “murder”
means murder within the meaning of the Crimes Act 1961; and includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to murder.
(2)
No compensation, grant, or allowance is payable under this Act to a person by reason of the death of another person if the first-mentioned person has been convicted of the murder of that other person.
(3)
Where a person has been charged with the murder of a deceased person, the Corporation shall, and an exempt employer may, suspend any compensation, grant, or allowance otherwise payable to the charged person in respect of the death of the deceased person until the proceedings in respect of the charge are finally determined, or the charge is withdrawn.
(4)
Where any compensation, grant, or allowance has been paid by the Corporation or an exempt employer under this Act to any person by reason of the death of a deceased person, and the person who received the compensation, grant, or allowance is convicted by a Court of law in New Zealand or any other country of the murder of the deceased person, the compensation, grant, or allowance paid shall constitute a debt due to the Corporation or the exempt employer and in the case of the Corporation may be recovered under section 77 of this Act.
Compare: 1982, No. 181, s. 91
83 No compensation, grant, or allowance to imprisoned person
In respect of any period during which any person is an inmate in any penal institution within the meaning of the Penal Institutions Act 1954, no compensation, grant, or allowance shall be payable under this Act to that person.
Compare: 1982, No. 181, s. 67
84 Denial of compensation where criminal act involved
(1)
Where any person suffers personal injury in the course of committing any offence for which the person is convicted and is sentenced to imprisonment and the Corporation or exempt employer is aware of that sentence, the Corporation shall, or the exempt employer may, make an application to a District Court for a determination as to whether any treatment, service, rehabilitation, related transport, compensation, grant, or allowance should be payable on the person’s release from a penal institution within the meaning of the Penal Institutions Act 1954, or whether such payment shall not be made on the grounds that receipt of such payment would be repugnant to justice.
(2)
In any case where the person is no longer imprisoned, and no determination has been made under subsection (1) of this section, the Corporation or exempt employer shall pay the compensation, grant, or allowance until the Court makes a determination to the contrary under subsection (1) of this section.
(3)
Every application to a District Court under this section shall be made by originating application.
85 Payment of amount on death of recipient
Any amount payable in respect of treatment, services, rehabilitation, related transport, compensation, grants, or allowances that has accrued and is unpaid at the date of death of a person entitled to it, or would nave been payable to a person if the person had made a claim for that amount, shall, upon application made within 3 years after the date of death, be paid to the personal representative of the person.
Compare: 1982, No. 181, s. 115
86 Compensation, grant, or allowance inalienable
(1)
All compensation, grants, and allowances and any money payable in respect of rehabilitation are absolutely inalienable, whether by way of, or in accordance with, sale, assignment, charge, execution, bankruptcy, or otherwise.
(2)
Nothing in this section shall affect—
(a)
Sections 4 and 5 of the Maori Housing Act 1935; or
(b)
Sections 87(1)(b), 88(3)(a), 103, 104, 105, 106, 106a, and 106b of the Summary Proceedings Act 1957; or
(c)
Sections 27y and 71 of the Social Security Act 1964; or
(d)
Section 400 of the Income Tax Act 1976; or
(e)
Sections 105, 110, 118, and 121 of the Family Proceedings Act 1980; or
(f)
Sections 84f to 84m of the District Courts Act 1947; or (g) The Child Support Act 1991; or
(h)
Any right of the Corporation or exempt employer to recover any amounts under this Act or to make any deductions authorised by this Act from any compensation, grant, or allowance payable under this Act.
(3)
Nothing in subsection (1) of this section shall apply in respect of any independence allowance that is assigned to a company within the meaning of the Life Insurance Act 1908 where that assignment is for a period of not more than 5 years.
Compare: 1982, No. 181, s. 89
87 Compensation payable to claimant only
Except as provided in sections 80, 85, and 86(3) of this Act, any compensation, grant, or allowance payable under this Act shall be payable to the claimant and to that person only.
88 Payments to persons outside New Zealand
(1)
Compensation based on weekly earnings, independence allowances, and survivors’ grants shall be paid in accordance with this section to persons who are outside New Zealand.
(2)
No payment shall be made under this Act in respect of any treatment, service, rehabilitation or related transport costs incurred outside New Zealand unless required or permitted by regulations made under this Act.
(3)
No compensation based on weekly earnings shall be payable to any person who suffered personal injury outside New Zealand which is covered by this Act, and who is not for the time being in New Zealand, unless that person—
(a)
Had earnings within the meaning of this Act while absent from New Zealand prior to suffering the personal injury; or
(b)
Had earnings within the period of 6 months immediately before leaving New Zealand.
(4)
No compensation based on weekly earnings and no independence allowance shall be payable to any person outside New Zealand unless the condition of the person has been assessed for the purposes of this Act by a person approved for the purpose by the Corporation.
(5)
Where compensation based on weekly earnings or an independence allowance is payable outside New Zealand and the person’s continuing right to receive that compensation or allowance is to be assessed, the Corporation shall not be liable to meet any costs incurred by the person overseas or any costs relating to the return of the person to New Zealand for examination or assessment in excess of the costs that the Corporation would be required to meet if the person had remained in New Zealand.
(6)
No compensation based on weekly earnings shall be payable outside New Zealand to any person whose entitlement to that compensation is based on earnings in employment in New Zealand that that person was not lawfully entitled to undertake by reason of that person not having appropriate New Zealand citizenship, residency, or permit qualifications.
(7)
In making any payment to a person who is outside New Zealand the Corporation may make the payment to a New Zealand bank account denominated in New Zealand dollars; and if necessary the Corporation may open such an account at a New Zealand bank in the name of and at the expense of that person for that purpose.
Part VI Reviews and Appeals
89 Application for review
(1)
Any claimant (or the representative of any deceased claimant) who is dissatisfied with a decision of the Corporation or exempt employer in respect of his or her claim or entitlement under this Act may apply to the Corporation or exempt employer, as the case may be, for a review of that decision.
(2)
Any employer who is dissatisfied with a decision of the Corporation under section 65 or section 107 of this Act may apply to the Corporation for a review of that decision.
(3)
Any registered health professional who is dissatisfied with a decision of the Corporation under subsection (6) or subsection (7) of section 5 of this Act in respect of that registered health professional may apply to the Corporation for a review of that decision.
(4)
Any person who is dissatisfied with any decision of the Corporation relating to any premium payable or claimed to be payable by that person under this Act may apply to the Corporation for a review of that decision; but no such right shall exist under this Act in respect of the determination under and for the purposes of the Income Tax Act 1976 of the assessable income of any person.
(5)
An application pursuant to this section—
(a)
May be made in the prescribed form within 3 months after the date on which the claimant is entitled to treat the claim in respect of which the review is sought as having been rejected under section 66 of this Act; and
(b)
In any other case, an application in the prescribed form may be made within 3 months after the date on which notice in writing has been given of the decision in respect of which the review is sought—
and each such application shall state briefly the grounds on which the application is made.
(6)
Any application under this section shall be made by giving it to the Corporation or exempt employer in the same manner as notices may be delivered under section 162 of this Act.
(7)
Where a remedy by way of review or appeal is provided under this Part of this Act, no other remedy shall be available whether in any Court, Employment Tribunal, Disputes Tribunal, or otherwise.
Compare: 1982, No. 181, s. 101
90 Reviews
(1)
The Corporation or exempt employer, as the case may be, shall appoint a person to hear each review; and that person shall act independently in hearing the review.
(2)
No person shall hear any review if that person was involved in the decision being reviewed.
(3)
Except as provided in this Part of this Act, decisions of persons appointed under subsection (1) of this section shall be binding on all parties to the review.
(4)
On any review, the person appointed under subsection (1) of this section shall conduct a nearing at which the person shall—
(a)
Allow the applicant and the Corporation or exempt employer to be present and be heard, either personally or by a representative; and
(b)
Allow the applicant and the Corporation or the exempt employer to present any relevant evidence; and
(c)
Where the applicant is a registered health professional who applied for the review under section 89(3) of this Act, allow the claimant to be present and be heard either personally or by a representative; and
(d)
Where the review is conducted by a person appointed by the Corporation in respect of a work injury or alleged work injury, allow the employer of the applicant to be present and be heard, either personally or by a representative and to present any relevant evidence.
(5)
Every such hearing shall be held at a time and place that are—
(a)
Agreed to by the applicant, the Corporation or exempt employer, and the person hearing the review; or
(b)
Specified in a notice given by or on behalf of the person hearing the review not less than 7 clear days before the day appointed for the hearing—
and where any party does not attend, without reasonable excuse, the matter may be determined in the absence of that party.
(6)
Evidence may be admitted at the hearing held under subsection (4) of this section whether or not the evidence would be admissible in a Court of law and, subject to this Act and any regulations made under this Act, the person appointed under subsection (1) of this section shall conduct the hearing in accordance with the principles of natural justice and otherwise in such manner as he or she thinks fit.
(7)
Notice of the decision on the application shall be given, in writing, to any person entitled to appeal against the decision, the applicant, and the Corporation or exempt employer, as the case may be, within 28 days after the conclusion of the hearing and the notice shall state the reasons for the decision made.
(8)
Where the person appointed under subsection (1) of this section has not, within 28 days of the conclusion of the nearing, advised the applicant of his or her decision confirming, modifying, or revoking the original decision, the applicant shall be entitled to treat the original decision as having been confirmed, and may appeal against that decision under section 91 of this Act.
(9)
Where the hearing of a review has not been commenced within 3 months after the lodging of the application for review, and the delay is not caused or contributed to by the applicant, the application shall be deemed to have been determined in favour of the applicant.
(10)
Where, on an application for review,—
(a)
The matter is resolved in favour of the applicant (whether or not there is a hearing); or
(b)
The person hearing the review considers that the applicant acted reasonably in applying for the review,—
the person hearing the review shall award the applicant reasonable costs and expenses in accordance with a scale prescribed by regulations made under this Act.
Compare: 1982, No. 101, s. 102
91 Right of appeal
(1)
An appeal shall lie to a District Court against any decision under section 90 of this Act.
(2)
Any such appeal may be made by—
(a)
The claimant concerned or any person acting on behalf of the claimant; or
(b)
An exempt employer directly affected by the decision; or
(c)
An employer, where the decision is that any person employed by that employer suffered a work injury; or
(d)
Any person who has made an application under section 89(3) or (4) of this Act in respect of the matter being appealed; or
(e)
The Corporation.
(3)
An appeal shall be brought by a party filing a notice of appeal, in the prescribed form, within 28 days after the date on which the appellant was notified of the decision of the person who heard the review or such later date as the Court may allow.
(4)
Subject to this Act and any regulations made under this Act, the appeal shall be dealt with in accordance with the District Court Rules.
(5)
The Registrar shall fix the time and place for the hearing of the appeal and shall notify the appellant.
(6)
A copy of every notice of appeal together with a note of the time and place for hearing the appeal shall be given by the Registrar to the Corporation and the exempt employer (if any), and to the person who heard the review, and to every other party to the review proceedings, and the Corporation and each such person (other than the person who heard the review) may appear and be heard.
(7)
When the person who heard the review receives notice of the appeal that person shall make available in accordance with regulations made under this Act—
(a)
Any application, documents, written submissions, statements, reports, and other papers lodged with, received by, or prepared for, the person conducting the review and relating to the decision appealed against; and
(b)
A copy of any notes made by or by direction of the person conducting the hearing of the evidence given at the hearing (if any); and
(c)
Any exhibits in the custody of the person conducting the hearing; and
(d)
A copy of the decision appealed against.
(8)
In the determination of any appeal a District Court may confirm, modify, or revoke the decision appealed against or dismiss the appeal.
Compare: 1982, No. 181, ss. 107, 108, 109(7)
92 Hearing and determination of appeal
(1)
Every appeal to a District Court shall be by way of rehearing; but, where any question of fact is involved in any appeal, the evidence taken before or received by the person hearing the review bearing on the subject shall, subject to any order, be brought before the District Court as follows:
(a)
As to any evidence given orally, by the production of a copy of the notes of the person hearing the review under section 90 of this Act, or of a written statement read by a witness, or of such other material as the District Court thinks expedient:
(b)
As to any evidence taken by affidavit and as to any exhibits, by the production of such of the affidavits and exhibits as may have been forwarded to the Registrar of the District Court in which the appeal is filed, and by the production by the parties to the appeal of such exhibits as are in their custody.
(2)
The District Court may hear such other evidence as it thinks fit, whether or not the evidence would be otherwise admissible in a Court of law.
(3)
At any appeal, any party may appear and be heard personally or by any person authorised by the party to do so.
Compare: 1982, No. 181, s. 109
93 District Court medical assessors in certain cases
(1)
Where any appeal to a District Court under this Act raises a medical question, the Judge hearing the appeal shall sit with 2 District Court medical assessors appointed as lay members of District Courts to hear and determine that question.
(2)
In this section “medical question”
means—
(a)
A question of whether the nature of a person’s medical condition is consistent with the alleged personal injury suffered; or
(b)
A question of whether the personal injury was substantially caused by gradual process, disease, infection, or the ageing process; or
(c)
A question of the degree of impairment resulting from the personal injury; or
(d)
A question of the degree of disability resulting from the personal injury; or
(e)
A question of whether the likelihood that an injury would be caused by treatment is rare within the meaning of section 5(2) of this Act; or
(f)
A question of whether the consequences of injury are severe within the meaning of section 5(4) of this Act; or
(g)
A question of whether conduct to which subsection (6) or subsection (7) of section 5 of this Act applies constitutes negligence—
but does not include—
(h)
A question of whether a personal injury or alleged personal injury arose out of and in the course of employment; or
(i)
A question of the extent of any incapacity of an earner for work.
(3)
The issue of whether or not an appeal raises a medical question shall be determined by the Judge hearing the appeal as a point of law.
Compare: 1986, No. 5, s. 78(1)
94 Appointment of assessors
(1)
For the purposes of the exercise by a District Court of its jurisdiction and powers under this Part of this Act, there shall be District Court medical assessors who shall be persons appointed from time to time by the Governor-General.
(2)
No person shall be appointed as a District Court medical assessor unless he or she is a registered medical practitioner or a person whom the Governor-General is satisfied could obtain temporary registration under the Medical Practitioners Act 1968 if that person was to apply.
(3)
A District Court medical assessor shall hold office for such term, not exceeding 5 years, as the Governor-General shall specify in that assessor’s instrument of appointment, but may from time to time be reappointed.
(4)
Where any appeal to a District Court under this Act raises a question, other than a medical question, and the Judge hearing the appeal considers that it would be desirable to appoint a person with expert knowledge of those matters to be an assessor, the Judge shall consult the parties, and if the Judge and the parties agree on a suitable person to be so appointed the Judge shall appoint that person to be an assessor for the purposes of the appeal. If the Judge and the parties are unable to agree on a suitable person to be so appointed the Judge may appoint such suitable person as the Judge thinks fit to be such an assessor.
(5)
Any District Court medical assessor or other assessor appointed under this section shall sit with the District Court and in all respects act as an extra member of the Court at the hearing and determination of the appeal, except that no District Court medical assessor or other assessor shall have a vote in the determination of the appeal.
(6)
There shall be paid to District Court medical assessors and other assessors such remuneration and allowances as are determined by the Minister.
(7)
The Governor-General may terminate the appointment of a District Court medical assessor or other assessor for disability, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.
(8)
Any medical assessor or other assessor may resign his or her office by notice in writing—
(a)
In the case of a medical assessor, to the Minister:
(b)
In the case of any other assessor, to the Judge who appointed him or her.
(9)
Notwithstanding that the term of office of a District Court medical assessor has expired, or that a medical assessor or other assessor has resigned that office, that person shall be deemed to continue as a District Court medical assessor or assessor, as the case may be, for the purpose of completing the hearing of any matter before that person, which was commenced before the expiration of the term of office or before the resignation took effect, as the case may be.
(10)
Before entering upon the exercise of the duties of his or her office, the District Court medical assessor or other assessor shall take an oath before a District Court Judge that he or she will faithfully and impartially perform the duties of his or her office.
Compare: 1982, No. 181, s. 106
95 Proceedings may be closed to public
The District Court may, upon application by any party or on its own motion, if it considers it necessary and appropriate to protect the privacy of the parties (other than the Corporation or the exempt employer), order that no person shall be present during the hearing of any appeal under this Act except the Judge and any assessors and—
(a)
Officers of the Court; and
(b)
Parties to the proceedings and their representatives; and
(c)
Witnesses; and
(d)
Any other person whom the Judge permits to be present.
96 Power to forbid report of proceedings
(1)
Where the District Court is of the opinion that it is necessary and appropriate to protect the privacy of the parties (other than the Corporation or the exempt employer), it may make any one or more of the following orders:
(a)
An order forbidding publication of any report or account of the whole or part of—
(i)
The evidence adduced; or
(ii)
The submissions made:
(b)
An order forbidding the publication of the name, address, or occupation of any party to the proceedings or particulars likely to lead to the identification of the party:
(c)
An order forbidding the publication of the name of any witness or witnesses or any name or particulars likely to lead to the identification of the witness or witnesses.
(2)
An order made under subsection (1) of this section—
(a)
May be made for a limited period or permanently; and
(b)
If it is made for a limited period, may be renewed for a further period or periods by the Court; and
(c)
If it is made permanently, may be reviewed at any time.
(3)
Every person who commits a breach of any order made under subsection (1) of this section or evades or attempts to evade any such order commits an offence and is liable on summary conviction—
(a)
In the case of an individual, to a fine not exceeding $ 1,000:
(b)
In the case of a body corporate, to a fine not exceeding $ 5,000.
97 Appeal to High Court
(1)
Where any party is dissatisfied with any decision of a District Court under this Act as being erroneous in point of law, that party may, with the leave of that District Court, appeal to the High Court:
Provided that, if the District Court refuses to grant leave to appeal to the High Court, the High Court may grant special leave to appeal.
(2)
Every such appeal to the High Court shall be conducted in the manner prescribed by Part V (other than sections 71 and 71a) of the District Courts Act 1947.
Compare: 1982, No. 181, s. 111(1), (6)
98 Appeal against decision of High Court on question of law
(1)
If any party to any proceedings before the High Court under this Part of this Act is dissatisfied with any determination or decision of the Court in the proceedings as being erroneous in point of law, that party may, with the leave of that Court, appeal to the Court of Appeal by way of case stated for the opinion of that Court on a question of law only:
Provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
(2)
The decision of the Court of Appeal on any appeal under this section or on any application for leave to appeal shall be final.
(3)
The appeal shall be dealt with in accordance with the rules of the Court.
Compare: 1982, No. 181, s. 112(1), (13), (14)
99 Costs of District Court appeals
The Corporation shall in each financial year (at such time as the Minister determines) pay to the Department of Justice such amount as the Minister and the Minister of Justice so determine as being the costs in respect of appeals to District Courts under this Part of this Act that are not met by the parties to those appeals.
Part VII Finance
Employers’ Account
100 Source and application of funds
(1)
For the purposes of financing public health care costs, and treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided under this Act in respect of personal injury of the kind described in subsection (3) of this section, the Corporation shall derive its funds from the following sources:
(a)
Premiums payable by employers pursuant to section 101 of this Act; and
(b)
Premiums payable by earners who are not employees pursuant to section 102 of this Act.
(2)
Funds derived under subsection (1) of this section shall be held in an account to be known as the Employers’ Account.
(3)
The Corporation shall apply the funds in the Employers’ Account in—
(a)
Paying public health care costs under section 32 of this Act; and
(b)
Paying for treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act; and
(c)
Making appropriate payments to the Subsequent Work Injury Account—
in respect of work injury and non-work injury (other than motor vehicle injury) suffered by an earner on or after the 1st day of April 1974 and before the 1st day of July 1992, work injury other than motor vehicle injury suffered on or after the 1st day of July 1992, and personal injury caused by gradual process, disease, or infection that is covered by section 11 of this Act.
Compare: 1982, No. 181, s. 19
101 Premiums payable by employers
(1)
There shall be payable by every employer, in accordance with this Act and regulations made under this Act, a basic premium at such rate or rates as are prescribed on the amount of earnings paid or deemed to have been paid by that employer to its employees.
(2)
No employer shall charge to any employee any premium payable by that employer or deduct from any payment to any employee any amount representing the amount of premium payable by that employer in respect of that employee under this Act; whether or not such charging or deduction is authorised by any contract between the employer and the employee.
(3)
Every employer who commits a breach of subsection (2) of this section commits an offence and is liable on summary conviction to a fine not exceeding $ 5,000.
Compare: 1982, No. 181, s. 38
102 Premiums payable by earners who have earnings other than as an employee
There shall be payable by every earner who has earnings other than as an employee, in accordance with this Act and regulations made under this Act, a basic premium at such rate or rates as are prescribed on the amount of earnings (other than earnings as an employee) derived or deemed to be derived by that earner.
Compare: 1982, No. 181, s. 38
103 Classification of industries
(1)
Employers and earners who are not employees shall be classified into industry classes defined in regulations made under this Act for the purposes of setting premiums payable under sections 101 and 102 of this Act.
(2)
Premiums set under sections 101 and 102 of this Act shall be determined for each industry class defined under subsection (1) of this section.
(3)
Subject to this Act, the Corporation shall decide which classification of industry is appropriate in relation to any employer or earner who has earnings other than as an employee by whom a premium is payable.
(4)
Separate accounts shall be kept of the amounts collected from each industry class under sections 101 and 102 of this Act and the amounts expended for the purposes of section 100(3) of this Act in respect of earners within each industry class.
Compare: 1982, No. 181, s. 39(2)(b)
104 Experience rating
(1)
The basic premium payable under section 101 of this Act by an individual employer shall be adjusted on the basis of the actual costs of work injuries that occur in the employment of that employer in respect of such period or periods as shall be prescribed in regulations made under this Act.
(2)
The basic premium payable under section 102 of this Act by an individual earner who has earnings other than as an employee may be adjusted on the basis of the actual costs of work injuries that occur to that earner.
(3)
The adjustment referred to in subsection (1) of this section shall apply to basic premiums due for payment in the financial year beginning on the 1st day of April 1994, and may apply from any earlier date.
(4)
For the purposes of adjusting the basic premium actual costs shall be all costs that the Corporation is able to associate with a particular claim for work injury other than compensation based on earnings in employment that is not employment with that employer.
(5)
The procedure for adjusting the basic premium shall be prescribed by regulations made under this Act.
105 Exempt employers
(1)
An employer may, in respect of any year beginning on the 1st day of April, apply to the Minister to be an exempt employer; and that application shall be determined by the Minister in accordance with regulations made under this Act.
(2)
No approval shall be given in respect of any year after the commencement of that year.
(3)
A decision of an exempt employer not to seek continuation of that status shall not affect the liability of that employer in respect of any work injury that occurred while that employer was an exempt employer.
(4)
Where any approval has been given and the conditions on which it was given have not been complied with the Minister may revoke that approval.
106 Special provisions for exempt employers
(1)
An exempt employer shall assume direct responsibility in respect of its employees who suffer work injury in the course of employment with the exempt employer within the period for which approval is granted for meeting the costs of—
(a)
Rehabilitation:
(b)
Treatment or service, related transport, and certificates to which Part III of this Act applies:
(c)
Compensation for loss of earnings that are earnings in respect of the employment of the exempt employer or loss of potential earning capacity:
(d)
Any independence allowance:
(e)
Compensation under sections 55 to 61 of this Act—
payable in respect of a period of 12 months from the date of a work injury occurring within the period for which approval is granted.
(2)
Upon the expiry of 12 months from the date on which the work injury occurred to an employee of an exempt employer, the Corporation shall assume responsibility to meet the costs described in subsection (1) of this section (and the compensation based on earnings lost in employment other than that of the exempt employer) in respect of any period commencing after the expiry of 12 months after the date the work injury occurred; so long as the Corporation accepts that the person concerned has suffered personal injury covered by this Act.
(3)
The basic premium payable by exempt employers shall be reduced according to the procedure prescribed in regulations made under this Act to take account of the costs that are not required to be met by the Corporation because of subsection (1) of this section.
(4)
Subject to subsection (5) of this section, the Corporation shall not have—
(a)
Any authority to meet the costs for which an exempt employer is responsible under subsection (1) of this section; or
(b)
Any responsibility for the administration of the relevant provisions of this Act by an exempt employer, but the Corporation may contract with an exempt employer to administer the provisions of this Act on behalf of that exempt employer on a fully commercial basis.
(5)
Where any exempt employer no longer exists or is unable to meet its financial obligations under this Act, those obligations shall be met by the Corporation; and the cost of any obligations of an exempt employer met by the Corporation by virtue of this section shall constitute a debt due to the Corporation from that exempt employer, and the Corporation shall, in the application of the assets of that exempt employer in relation to the laws of insolvency, receivership, and the winding up of companies, rank as a creditor to whom the employer owes salary or wages.
107 Acceptance of claims by exempt employer
(1)
The Corporation shall not be bound by any decision of an exempt employer or any person appointed by an exempt employer under section 90(1) of this Act as to—
(a)
Whether or not any person has suffered personal injury; or
(b)
The amounts of any treatment, service, rehabilitation, related transport, compensation, grant, or allowance payable to a person under this Act; or
(c)
The entitlement of any person to any treatment, service, rehabilitation, related transport, compensation, grant, or allowance—
unless that decision has been approved by the Corporation.
(2)
Every exempt employer shall notify the Corporation and submit a copy of the prescribed work injury claim and prescribed work injury report to the Corporation together with details of any payments made if so requested whenever—
(a)
Any claimant has received compensation for loss of earnings or loss of potential earning capacity in respect of any personal injury for more than 12 weeks; or
(b)
The Corporation has a liability or potential liability to make any payment to the claimant.
Motor Vehicle Account
108 Source and application of funds
(1)
For the purposes of financing public health care costs, and treatment, services, rehabilitation, and related transport, compensation, grants, and allowances provided under this Act in respect of motor vehicle injury, the Corporation shall derive its funds from the following sources:
(a)
Premiums payable by motor vehicle owners and holders of trade plate licences under section 110 of this Act; and
(b)
Appropriations by Parliament to the Motor Vehicle Account under section 109 of this Act.
(2)
Funds derived under subsection (1) of this section shall be held in an account to be known as the Motor Vehicle Account.
(3)
The Corporation shall apply the funds in the Motor Vehicle Account in—
(a)
Paying public health care costs under section 32 of this Act; and
(b)
Paying for treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act; and
(c)
Making appropriate payments to the Subsequent Work Injury Account—
in respect of motor vehicle injury suffered on or after the 1st day of April 1974.
Compare: 1982, No. 181, s. 19
109 Appropriation of part of excise duty on motor spirits to Motor Vehicle Account
(1)
In respect of each year ending with the 30th day of June, such amount as is determined by the Governor-General by Order in Council shall be paid from the Crown Bank Account to the Corporation, without further appropriation than this section, representing 2 cents for every litre of motor spirit in respect of which duty is payable under the Customs Act 1966.
(2)
The amounts payable under subsection (1) of this section shall be paid in equal quarterly instalments during each financial year.
(3)
The Order in Council made under subsection (1) of this section shall be deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
(4)
All amounts received by the Corporation under this section shall be credited to the Motor Vehicle Account for the purposes of paying public health care costs under section 108(3) of this Act.
110 Premiums on motor vehicles
There shall be payable in respect of every motor vehicle, by the owner of that vehicle, and in respect of trade plates, by the person who holds the licence, a premium at the annual rate or other rate (if any) specified in regulations made under this Act, which premium shall be payable in conjunction with the registration and annual licensing of that vehicle or the issue of the licence.
Compare: 1982, No. 181, ss. 47, 48
111 Experience rating of motor vehicle owners
Regulations made under this Act may establish a system for the experience rating of the owners of motor vehicles and holders of trade plate licences, which may include no-claims bonuses, increased premiums, or claim thresholds.
112 Penalty where motor vehicle premium not paid
(1)
Where any motor vehicle premium is not paid within 2 months of the date on which it was due, the owner of the motor vehicle or the holder of the licence shall be liable to pay 3 times the amount of the premium to the Corporation together with the amount of the unpaid premium.
(2)
The Corporation may recover any such amount as a debt due, or deduct the amount from any payment due to be made by or on behalf of the Corporation to the owner of the motor vehicle or the holder of the licence.
(3)
No such penalty shall be payable if the person satisfies the Corporation that the motor vehicle was not used on a road during the period for which the premium was due but not paid.
Compare: 1982, No. 181, s. 50
Earners’ Account
113 Source and application of funds
(1)
For the purposes of financing treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided under this Act in respect of personal injury to earners (other than work injury or motor vehicle injury or payments out of the Medical Misadventure Account), the Corporation shall derive its funds from premiums payable by earners under section 114 of this Act.
(2)
Funds derived under subsection (1) of this section shall be held in an account to be known as the Earners’ Account.
(3)
The Corporation shall apply the funds in the Earners’ Account in paying for treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act in respect of personal injury to earners (other than work injury or motor vehicle injury) suffered on or after the 1st day of July 1992, and in payments to the Medical Misadventure Account and the Subsequent Work Injury Account.
Compare: 1982 No. 181, s. 19
114 Earner premiums
There shall be payable by every earner, in accordance with this Act and regulations made under this Act, premiums at such rate or rates as are prescribed on the earnings of that person.
115 Deduction on account of earner premiums
(1)
For the purpose of enabling the collection of the premiums payable on the earnings of employees under section 114 of this Act by instalments, when an employer makes a payment to an employee that is included in the earnings of the person as an employee of the employer, the employer shall, at the time of making that payment, make a deduction in accordance with this section from that amount on account of the premium payable by the employee at such rate as is prescribed in regulations made under this Act.
(2)
Subject to this section, Part XI of the Income Tax Act 1976(hereafter referred to in this section as Part XI) shall apply, with all necessary modifications, with respect to—
(a)
Any amount included in the earnings as an employee of an employee as if such amount were a source deduction payment (or, as the case may require, salary or wages) of the employee for the purposes of Part XI; and
(b)
The premium payable by any employee pursuant to this Act as if such premium were income tax; and
(c)
The deduction required to be made pursuant to this section as if such deduction were a tax deduction, being a tax deduction that is—
(i)
On account of income tax; and
(ii)
Made or required to be made for the purposes of Part XI; and
(d)
Any employer under this Act as if such employer were an employer for the purposes of Part XI; and
(e)
Any employee under this Act as if such employee were an employee for the purposes of Part XI;—
and every employer and employee shall comply with the requirements of Part XI, to the extent to which Part XI applies by virtue of this subsection.
(3)
Any deduction made under this section shall not be treated as part of or included in any tax deduction made under Part XI on account of income tax.
(4)
If the earnings of any employee include a benefit to which section 340 of Part XI applies, that section shall apply for the purposes of determining the amount of the deduction required to be made from the benefit under this section by the employer providing the benefit.
(5)
Subject to subsection (10) of this section, every person who—
(a)
Being an employer, fails wholly or in part to make a deduction in accordance with the obligations of the person under this section; or
(b)
Knowingly applies or permits to be applied the amount of any deduction made under this section or any part thereof for any purpose other than the payment of the deduction to the Corporation or an agent of the Corporation; or
(c)
Gives any false information, or misleads or attempts to mislead the Corporation, any officer or the Corporation, any agent of the Corporation or officer of such agent, any employer or other person, in relation to any matter or thing affecting a deduction required to be made pursuant to this section; or
(d)
Causes or attempts to cause any employer or other person to refrain from making a deduction required to be made pursuant to this section or to make a lesser deduction than the deduction required to be made by this section; or
(e)
Obtains or attempts to obtain for the person’s own advantage or benefit credit with respect to, or a payment of, the whole or any part of the amount of a deduction made in accordance with this section from an amount included in the earnings of any other person,—
commits an offence against this Act.
(6)
For the purposes of subsections (5)(b) and (11)(b) of this section, a deduction shall be deemed to nave been made under this section if and when payment is made of the net amount of any amount included in the earnings as an employee, and the amount of the deduction shall be deemed to have been applied for a purpose other than the payment thereof if the amount of the deduction is not duly paid to the Corporation or an agent of the Corporation.
(7)
A person shall not be convicted of an offence under subsection (5)(b) of this section if the person satisfies the Court that the amount of the deduction required to be made under this section has been paid to the Corporation or an agent of the Corporation, and that the person’s failure to make payment of the deduction within the prescribed time was due to illness, accident, or other cause beyond the person’s control.
(8)
Every person who commits an offence against subsection (5)(b) of this section shall,—
(a)
On the first occasion on which the person is convicted of any such offence or more than one such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $ 15,000:
(b)
On every occasion, other than the occasion referred to in paragraph (a) of this subsection, on which the person is convicted of any such offence or more than one such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $ 25,000.
(9)
Every person who commits an offence against subsection (5) of this section, other than paragraph (b) of subsection (5), shall—
(a)
On the first occasion on which the person is convicted of any such offence or more than one such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $ 15,000:
(b)
On every occasion, other than the occasion referred to in paragraph (a) of this subsection, on which the person is convicted of any such offence or more than one such offence, be liable, in respect of that offence or, as the case may be, each of those offences, to a fine not exceeding $ 25,000.
(10)
No person shall be convicted of an offence under this section in respect of any deduction required to be made on account of the premium payable under this Act (such deduction being referred to hereinafter as the premium deduction) if the person is convicted of an offence under section 368(1) of the Income Tax Act 1976 in respect of any deduction required to be made under Part XI, being a deduction which, if the premium deduction were a deduction on account of income tax for the purposes of Part XI, would have included the amount of the premium deduction.
(11)
Subject to subsection (12) of this section, every person who—
(a)
Being an employer, fails wholly or in part to make a deduction in accordance with the obligations of the employer under this section; or
(b)
Knowingly applies or permits to be applied the amount of any deduction made under this section or any part thereof for any purpose, other than the payment of the deduction to the Corporation or an agent of the Corporation,—
shall be chargeable, by way of penalty, in addition to any other penalty for which the person may be liable, with an additional amount (hereinafter in this section referred to as penal premium) not exceeding an amount equal to treble the amount in respect of which the offence occurs; and sections 420 to 426 of the Income Tax Act 1976 shall apply as if the penal premium were an amount of penal tax in respect of which the Commissioner of Inland Revenue had made an assessment under section 422 of the Income Tax Act 1976.
(12)
No person shall be chargeable with penal premium for an offence under subsection (11)(b) of this section if the person satisfies the Corporation or the appropriate agent of the Corporation that the amount of the deduction required to be made under this section has been paid to the Corporation or an agent of the Corporation, and that the person’s failure to make payment of the deduction within the prescribed time was due to illness, accident, or other cause beyond the person’s control.
(13)
Penal premium imposed under subsection (11) of this section shall for all purposes be deemed to be of the same nature as the premium payable under this Act on account of which a deduction is required to be made under this section.
(14)
If—
(a)
Any employer fails wholly or in part to make a deduction in accordance with the obligations of the employer under this section; or
(b)
Any person who has made a deduction under this section fails wholly or in part to pay the deduction to the Corporation or an agent of the Corporation on or by the last day allowed for payment of the deduction; or
(c)
Any person who is liable to pay any amount to the Corporation under this section and Part XI fails to pay the amount on or by the last day for payment of that amount,—
that employer or other person shall be liable, without conviction and in the same manner as if it were a penalty imposed under section 370 of the Income Tax Act 1976, to a penalty, and such penalty shall be in addition to any other penalty or impost to which that employer or other person may be liable.
(15)
For the purposes of subsection (14)(b) of this section, a deduction shall be deemed to have been made under this section if and when payment is made of the net amount of any amount included in the earnings of an employee.
(16)
A penalty imposed under subsection (14) of this section shall for all purposes be deemed to be of the same nature as the amount or part thereof in respect of which it is imposed.
(17)
If an employer makes a deduction under this section and fails to deal with the deduction or any part of it in the manner required by this section, the deduction, to the extent to which the employer has not made payment of the deduction to the Corporation or an agent of the Corporation, shall, in the application of the assets of the employer, rank—
(a)
Equally with the amount of any tax deduction not paid by the employer, as provided for in section 365(2) of the Income Tax Act 1976; or
(b)
If there are no such unpaid tax deductions, in accordance with section 365(2) of the Income Tax Act 1976, as if the deduction were a tax deduction not paid by the employer.
(18)
In relation to any employees who are private domestic workers, the employer of such employees shall not be obliged to make any deduction under this section from amounts paid or provided by the employer in respect of the employment of such employees as private domestic workers; and section 355 of Part XI shall apply to such employees in respect of such amounts.
(19)
For the purpose of subsection (1) of this section, the employer of an irregular payment employee shall be deemed to make payment of the earnings as an employer of the irregular payment employee for an income year on the date that the employer finally determines the amount of the earnings as an employee of the irregular payment employee for that income year; and the deduction required pursuant to subsection (1) of this section shall be due and payable to the Corporation on the same day as the premium is payable by employers pursuant to section 101 of this Act.
(20)
An employer of any person referred to in section 50a of the Income Tax Act 1976 shall not be obliged to make any deduction under this section from amounts paid or provided by the employer to that person, unless the employer makes a tax deduction on account of income tax under Part XI from any such amount.
(21)
Notwithstanding subsection (2) of this section, sections 338(1), 343, 343a, 344, 346, 350, 351, 356, 357, 358, 359, 361, 362(2), 362(3), 368, 369, 370, and section 373 of Part XI shall not apply to any amount required to be deducted pursuant to this section.
(22)
In this section, the expressions “Commissioner”
, “employee”
, “employer”
, “income tax”
, “private domestic worker”
, “salary or wages”
, “source deduction payment”
, and “tax deduction”
shall have the same meanings as in the Income Tax Act 1976.
(23)
In this section, the expressions “irregular payment employee”
and “income year”
shall have the meanings assigned to them in regulations made under this Act.
Compare: 1976, No. 65, ss. 338(1), 365(2), 368, 369, 370, 416b, 420–426
116 Experience rating of earner premium
Regulations made under this Act may establish a system for the experience rating of persons liable to pay earner premium which may include no-claims bonuses, increased premiums, or claim thresholds.
Agents and Penalties
117 Agent to whom premiums are to be paid
(1)
Premiums payable by earners and employers under this Act shall be payable to the Commissioner of Inland Revenue as agent for the Corporation.
(2)
The Commissioner of Inland Revenue shall, after deducting any agreed collection fee, pay—
(a)
The balance of premiums paid by employers under section 101 of this Act; and
(b)
The balance of premiums paid by earners on earnings other than as an employee under sections 102 and 114 of this Act; and
(c)
An estimate of premiums paid by earners on earnings as employees under section 114 of this Act—
to the Corporation not later than the end of the month following the month in which those premiums are received.
(3)
Where the Commissioner of Inland Revenue is acting as agent for the Corporation under this section, the provisions of the Inland Revenue Department Act 1974 shall, so far as they are applicable, apply as if this Act were one of the Inland Revenue Acts and the premium were a tax or duty under one of the Inland Revenue Acts, and as if every offence under the Inland Revenue Department Act 1974 were an offence against this Act.
(4)
Premiums related to motor vehicles and trade plate licences payable under this Act shall be payable to an agent or agents appointed by the Corporation.
(5)
Notwithstanding subsection (1) of this section, for the purposes of the adjusted premium payable under section 104 of this Act the Corporation may elect to pay directly the amount of any downward adjustment of the premium and collect directly the upward adjustment as a debt due to the Corporation.
Compare: 1982, No. 181, ss. 41, 47, 51
118 Penalties for late payment of premiums
Where—
(a)
Any premium payable under section 101 or section 102 of this Act; or
(b)
Any premium payable by an earner in respect of earnings other than as an employee under section 114 of this Act; or
(c)
Any premium payable by an earner in respect of earnings as an employee under section 114 of this Act where the employer of that earner is not required to make deductions under section 115 of this Act; or
(d)
Any premium in respect of which a notice is issued under section 131 of this Act—
is not paid on or before the last date allowed for payment, a penalty of 10 percent of the amount unpaid shall be added to that amount, and the penalty shall compound at the rate of 10 percent at 6-monthly intervals and shall be recoverable as if it were part of the premium.
Compare: 1982, No. 181, s. 42
119 Penal premium
Every person who is or will be liable to pay—
(a)
Any premium under section 101 or section 102 of this Act; or
(b)
Any premium in respect of earnings other than as an employee under section 114 of this Act; or
(c)
Any premium in respect of earnings as an employee under section 114 of this Act where the employer of that person is not required to make deductions under section 115 of this Act; or
(d)
Any premium in respect of which a notice is issued under section 131 of this Act—
who evades, attempts to evade, or does or omits to do anything with the intent to evade, the determination or payment of the whole or part of any of the premium which is or may become payable by the person under this Act (hereinafter referred to as the “deficient premium”
) shall be chargeable, by way of a penalty, in addition to any other penalty for which the person may be liable, with an additional amount (in this section referred to as the “penal premium”
) not exceeding an amount equal to treble the amount of the deficient premium; and sections 420 to 426 of the Income Tax Act 1976 shall apply as if the penal premium were an amount of penal tax in respect of which the Commissioner of Inland Revenue had made an assessment under section 422 of the Income Tax Act 1976.
Non-Earners’ Account
120 Source and application of funds
(1)
For the purposes of financing treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act in respect of personal injury (other than motor vehicle injury) to non-earners, the Corporation shall derive its funds from appropriations by Parliament to the Non-Earners’ Account.
(2)
Funds derived under subsection (1) of this section shall be held in an account to be known as the Non-Earners’ Account.
(3)
The Corporation shall apply the funds in the Non-Earners’ Account in paying for treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act in respect of personal injury to non-earners (other than motor vehicle injury) suffered on or after the 1st day of April 1974.
Compare: 1982, No. 181, s. 19
Subsequent Work Injury Account
121 Source and application of funds
(1)
For the purposes of meeting the costs of subsequent work injury, as defined in subsection (5) of this section, the Corporation shall derive its funds from the following sources:
(a)
The Employers’ Account; and
(b)
The Motor Vehicle Account; and
(c)
The Earners’ Account; and
(d)
The Non-Earners’ Account.
(2)
The contributions from each of the Accounts referred to in subsection (1) of this section shall be pro rata according to the amounts payable from each Account sufficient to meet the payments out of the Subsequent Work Injury Account.
(3)
Funds derived under subsection (1) of this section shall be held in an account to be known as the Subsequent Work Injury Account.
(4)
The Corporation shall apply the funds in the Subsequent Work Injury Account in—
(a)
Paying public health care costs under section 32 of this Act; and
(b)
Paying for treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act—
in respect of subsequent work injury, as defined in subsection (5) of this section.
(5)
For the purposes of this section, a “subsequent work injury”
is a work injury which—
(a)
Occurs on or after the 1st day of July 1992 to a person who had an incapacity resulting from personal injury covered by this Act or personal injury by accident covered by the Accident Compensation Act 1972 or the Accident Compensation Act 1982 and who had been incapacitated by that personal injury or personal injury by accident for more than 3 continuous months; and
(b)
Causes an incapacity or disability which is substantially greater by virtue of the combined effects of the previous personal injury, and the subsequent work injury, than that which would have resulted from the subsequent work injury alone; and
(c)
Occurs within 12 months after the person enters or re-enters employment following the previous personal injury or personal injury by accident.
Medical Misadventure Account
122 Source and application of funds
(1)
For the purposes of financing treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided under this Act in respect of personal injury that is medical misadventure, the Corporation shall derive its funds from—
(a)
Any premiums that may be payable by registered health professionals of the same class as the registered health professional responsible for the medical misadventure:
(b)
Where there is no such premium, from the Earners’ Account (in the case of an earner) or the Non-Earners’ Account (in the case of a non-earner).
(2)
Funds derived under subsection (1)(a) of this section shall be held in an account to be known as the Medical Misadventure Account.
(3)
The Corporation shall apply the funds in the Medical Misadventure Account in paying for treatment, services, rehabilitation, related transport, compensation, grants, and allowances provided for under this Act in respect of personal injury that is medical misadventure relating to a registered health professional who is of a class liable to pay a medical misadventure premium under this Act.
123 Medical misadventure premium
(1)
There shall be payable by every registered health professional of a prescribed class, premiums at such rate or rates as are prescribed.
(2)
The premiums payable under this section shall be payable in the prescribed manner which may link payment to the payment of annual practising fees or prescribe any other method of payment.
(3)
Any person who receives any payment of a medical misadventure premium payable to the Corporation shall pay that premium to the Corporation not later than the end of the month after the month in which that premium is received.
(4)
Where any medical misadventure premium is not paid when due, or is not paid over to the Corporation when due to be paid to it under subsection (3) of this section, the Corporation may recover the amount as a debt due, or deduct the amount from any payment due to be made by or on behalf of the Corporation to the person concerned.
(5)
For the purposes of this section, regulations made under this Act may prescribe classes of registered health professionals who are liable to pay premiums under this section; and the regulations may define the classes according to the profession concerned, the nature of the employment of the professional, any areas of specialisation, any areas in which the person does not practise, or on any other basis specified in the regulations.
124 Experience rating of medical misadventure premiums
Regulations made under this Act may establish a system for the experience rating of persons liable to pay medical misadventure premiums which may include no-claims bonuses, increased premiums, or claim thresholds.
General Provisions Relating to Premiums
125 Appropriation of premiums payable by Crown
All premiums (including penalties) payable under this Act or any regulations made under this Act by the Crown shall be paid to the Corporation without further appropriation than this section.
126 Apportionment of administration costs
Costs incurred by the Corporation in carrying out all the functions, duties, and powers under this Act which cannot be directly attributed to an Account shall be apportioned to all Accounts in proportion to the other expenditure charged to those Accounts.
Compare: 1982, No. 181, s. 19(2)
127 Investments
Nothing in this Part of this Act relating to the keeping of accounts shall restrict the power of the Corporation to invest any funds under its control in accordance with its investment powers.
128 Premium levels
The premiums payable under this Act shall be set at levels with the objective of ensuring that the premiums collected in any financial year are sufficient to meet the cost of claims and administration-related expenses to the relevant Account in that financial year, and maintain reserves equivalent to not more than 6 months’ estimated expenditure from the relevant Account.
Compare: 1982, No. 181, s. 7(2)
129 Examination of accounts and books of an employer or earner who has earnings other than as an employee
The Corporation shall have the right to examine the books and accounts of an employer or earner who has earnings other than as an employee and to make such other inquiries as it considers necessary for the purposes of ascertaining whether any statement relating to earnings furnished by that person is an accurate statement of the matters required to be stated in relation to earnings under this Act or regulations made under this Act.
130 Deduction of premium from payment due to defaulters
(1)
Where any person (hereinafter in this section referred to as ‘‘the defaulter”) has made default in payment of any premium or any penalty assessed under this Act, the Corporation may from time to time by notice in writing require any person to deduct from any amount payable or becoming payable by that person to the defaulter such sum as may be specified in the notice, and to pay every sum so deducted to the Corporation to the credit of the defaulter within such time as may be specified in the notice.
(2)
A copy of every notice given under subsection (1) of this section shall be given to the defaulter by the Corporation.
(3)
Whenever, pursuant to a notice given under this section, any deduction is made from any amount payable to a defaulter, he or she shall be entitled to receive from the debtor a statement in writing of the fact of the deduction and the purpose for which it was made.
(4)
Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding $ 500 who—
(a)
Fails to make any deduction required by a notice under this section to be made from any amount payable by that person to the defaulter; or
(b)
Fails after making any such deduction to pay the sum so deducted to the Corporation within the time specified in that behalf in the notice.
Compare: 1982, No. 181, s. 46
131 Power to assess premiums
(1)
The Corporation may assess the amount of premium which ought to be paid or to have been paid in any case where—
(a)
The proper statement has not been made; or
(b)
The Corporation is not satisfied with any statement; or
(c)
The Corporation is not satisfied that the proper premium has been paid.
(2)
Subject to subsection (3) of this section, the Corporation may at any time alter or add to the assessment made under subsection (1) of this section as necessary to ensure its correctness.
(3)
Where a statement has been delivered in respect of any period and a premium has been paid in respect of that period, the Corporation shall have no power—
(a)
Where an assessment has not been made, to make an assessment; or
(b)
Where an assessment has been made, to alter the assessment so as to increase the amount payable—
after the expiration of 4 years from the end of the year (as defined in section 2 of the Income Tax Act 1976) in which the statement was made unless that statement was, in the opinion of the Corporation, fraudulent or wilfully misleading.
(4)
The Corporation shall give written notice of the assessment or alteration of the assessment under this section to the person or persons to whom it applies and that person or persons shall be liable to pay the assessed or altered premium, and any specified penalty on the date specified in the notice of assessment.
Compare: 1982, No. 181, s. 45
132 Power of Corporation in respect of small amounts of premium
Notwithstanding anything in this Act, where the amount of any premium payable does not exceed $ 5(or such other amount as the Governor-General may, by Order in Council made pursuant to section 411a of the Income Tax Act 1976, declare for the purposes of that section),—
(a)
There shall be no liability to pay the amount of the premium; and
(b)
There shall be no liability for any payment of penal premium under this Act in respect of non-payment of the premium to which this section applies.
133 Transfers of claim costs between certain accounts
Where any person is in receipt of any rehabilitation, compensation, grant, or allowance payable out of any Account under this Act and by reason of a further personal injury that extends the incapacity of that person becomes entitled to any payment out of any other Account, then so long as the incapacity resulting from the further personal injury remains, all payments of compensation for loss of earnings and loss of potential earning capacity, and all payments under sections 25, 55, 56, 58, 59, and 60 of this Act that are made in respect of periods after that further personal injury shall be made out of the Account that relates to the further personal injury until that further personal injury has no effect on incapacity.
134 Status of levies paid under former Acts
Levies paid or payable under the Accident Compensation Act 1982 shall be deemed to be premiums paid or payable for the purposes of this Act.
Part VIII Transitional Provisions
135 Relationship of this Act and former Acts
(1)
Any person who has had a claim accepted for personal injury by accident within the meaning of the Accident Compensation Act 1972 or the Accident Compensation Act 1982 suffered before the 1st day of July 1992 shall be deemed to have suffered personal injury that is covered by this Act.
(2)
Nothing in subsection (1) of this section shall apply if it is subsequently determined that the person had not suffered personal injury by accident within the meaning of the Accident Compensation Act 1972 or the Accident Compensation Act 1982.
(3)
Any person who has suffered personal injury by accident within the meaning of the Accident Compensation Act 1972 or the Accident Compensation Act 1982 before the 1st day of July 1992 and who has lodged a claim with the Corporation in respect of that personal injury by accident before the 1st day of October 1992, shall have the acceptability of the claim determined under the Accident Compensation Act 1982 as if it had not been repealed.
(4)
Where subsection (3) of this section applies, the continued entitlement of the person to rehabilitation, compensation, grants, and allowances shall be determined under those Acts, as appropriate, but subject to this Part of this Act.
(5)
Any person who has suffered personal injury by accident within the meaning of the Accident Compensation Act 1972 or the Accident Compensation Act 1982 that is covered by either of those Acts, and who has not lodged a claim with the Corporation in respect of that personal injury by accident before the 1st day of October 1992, shall have cover under this Act only if that personal injury by accident is also personal injury that is covered by this Act.
Compare: 1982, No. 181, s. 26(2)
136 Rehabilitation after 1 July 1992
(1)
Subject to section 149 of this Act, the entitlement to rehabilitation of any person who has had a claim accepted for personal injury by accident within the meaning of the Accident Compensation Act 1972 or the Accident Compensation Act 1982 shall be determined under this Act as if that personal injury by accident was personal injury covered under this Act.
(2)
No individual rehabilitation programme shall be required for rehabilitation provided before the 1st day of October 1992.
(3)
Any approval of expenditure on any purchase of or modification to motor vehicles, modifications to residential premises, or provision of or payment for wheelchairs or any other aids and appliances likely to assist independence in daily living under the Accident Compensation Act 1982 shall be deemed to be approved as part of an individual rehabilitation programme under this Act.
(4)
Where a person is in receipt of vocational rehabilitation immediately before the 1st day of July 1992, the limitations on the provision of or payment for vocational rehabilitation under section 23 of this Act shall apply as if the provision of or payment for that rehabilitation had commenced on the 1st day of July 1992.
137 First week
(1)
Where any person who was incapacitated immediately before the 1st day of July 1992 was entitled to compensation under section 57 of the Accident Compensation Act 1982 and would have had an entitlement under that section on or after that date if that section had not been repealed, the person shall be entitled to compensation under that section as if it had not been repealed.
(2)
Notwithstanding subsection (1) of this section, the Corporation shall not have any liability under section 57(2)(b) or section 57(3) of the Accident Compensation Act 1982 unless application for that compensation is made before the 1st day of October 1992.
138 Weekly compensation
(1)
Where any person is, immediately before the 1st day of July 1992, in receipt of or would have been entitled to be in receipt of compensation calculated under any of the provisions of sections 113, 114, 116, 117, and 118 of the Accident Compensation Act 1972 or of sections 59, 60, 61, 62, 63, 64, and 88 of the Accident Compensation Act 1982, that compensation shall continue to be payable or be paid as if it had been calculated under this Act; and the personal injury by accident suffered by that person shall be deemed to be personal injury within the meaning of this Act.
(2)
Notwithstanding subsection (1) of this section, adjustments to the calculations referred to in that subsection that are to be made other than pursuant to an Order in Council or regulations shall be made under the Accident Compensation Act 1972 or the Accident Compensation Act 1982, as appropriate.
139 Cessation of compensation
The continued eligibility of any person to receive compensation under section 138 of this Act shall be determined in accordance with this Act; and for that purpose section 49 of this Act shall apply as if the incapacity commenced on the 1st day of July 1992, except that section 49 of this Act shall not apply in any case where the Corporation is satisfied that the determination is unlikely to find that the person has a capacity for work equal to or in excess of 85 percent as determined in accordance with the scales prescribed in regulations made under this Act.
140 Abatement of compensation in other cases
Section 47 of this Act shall apply to payments made under section 138 of this Act.
141 Special provision for certain payments made under former Acts
(1)
Nothing in section 139 or section 140 of this Act shall apply to payments calculated under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982.
(2)
Where the Corporation is not satisfied that payments under the Acts referred to in subsection (1) of this section are an accurate reflection of the person’s capacity to earn, the Corporation shall reassess those payments under section 49 of this Act; and for that purpose the provisions of sections 49, 50, and 51 of this Act shall apply notwithstanding the provisions of section 114 of the Accident Compensation Act 1972 and section 60 of the Accident Compensation Act 1982.
(3)
Where any person was, immediately before the 1st day of July 1992, in receipt of a payment pursuant to section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982 and that payment is continued by virtue of section 138 of this Act, and that person suffers a personal injury covered by this Act that results in loss of earnings, the weekly compensation payable to that person shall be the greater of—
(a)
The weekly compensation calculated under Part IV of this Act; or
(b)
The amount paid pursuant to section 138 of this Act.
142 Cessation of earnings related compensation on account of age
(1)
Subject to subsections (2) and (3) of this section, where any person is receiving payments by virtue of section 138 of this Act, that compensation shall not cease to be payable, on account of age, until the close of the 30th day of June 1997, or at the age at which it would have ceased to be payable under the Accident Compensation Act 1972 or the Accident Compensation Act 1982, whichever first occurs.
(2)
No compensation shall be payable under this section to any person who has attained the national superannuation qualification age unless that person has made an irrevocable ection not to receive national superannuation in respect of any period for which that person is entitled to receive compensation under this section.
(3)
Any election under subsection (2) of this section must be made—
(a)
Before the 1st day of October 1992; or
(b)
At any time not later than 1 month before the attainment by the person of the national superannuation qualification age—
whichever last occurs.
143 Compensation payable to persons outside New Zealand
Where, immediately before the 1st day of July 1992, a person entitled to payments by virtue of section 138 of this Act was receiving those payments outside New Zealand, those payments shall continue to be payable outside New Zealand so long as entitlement to those payments otherwise continues under this Act or the person returns to New Zealand with the intention of being ordinarily resident in New Zealand.
144 Conveyance for medical attention
Sections 72 to 74 of the Accident Compensation Act 1982 shall continue to apply in respect of liabilities incurred under those sections in respect of any expenses incurred in respect of any period before the 1st day of July 1992 as if those sections had not been repealed.
145 Compensation payable to surviving spouses and dependants
(1)
Where any person was, immediately before the 1st day of July 1992, in receipt of, or would have been entitled to be in receipt of, compensation calculated under section 123 of the Accident Compensation Act 1972 or sections 65 and 88 of the Accident Compensation Act 1982, that compensation shall continue to be payable or be paid as if it had been calculated under this Act.
(2)
Subject to section 146 of this Act, the compensation payable to a surviving spouse under subsection (1) of this section shall cease upon the latest of—
(a)
The close of the 30th day of June 1997:
(b)
The surviving spouse ceasing to have the care of any child of the deceased who was dependent on the deceased at the date of the deceased’s death, or that child attaining the age of 18 years:
(c)
The surviving spouse ceasing to care for any other dependant of the deceased:
Provided that the compensation payable shall not cease if on the above latest event occurring the spouse—
(d)
Has then attained the age of 45 years; or
(e)
Would have been entitled to continue to receive compensation under section 123 of the Accident Compensation Act 1972 or section 65 of the Accident Compensation Act 1982 if those sections had not been repealed.
(3)
The weekly compensation payable under subsection (1) of this section shall be cancelled by reason of the remarriage of the spouse 2 years after the date of that remarriage.
(4)
Compensation payable to a surviving child of the deceased under subsection (1) of this section shall cease upon the latest of—
(a)
The expiry of the calendar year in which the child attains the age of 18 years; or
(b)
In the case of a child engaged in full-time study, the cessation or completion of that study or the child attaining the age of 21 years.
(5)
Compensation payable to any other dependant of the deceased under subsection (1) of this section shall cease on the date it would have ceased if section 60 of this Act applied in respect of that person.
146 Cessation of earnings related compensation to surviving spouse on account of age
Notwithstanding section 145 of this Act, no payment shall be made to a surviving spouse who has attained an age greater than the age at which that person would cease to be entitled to that payment by virtue of section 66(2) of the Accident Compensation Act 1982.
147 Compensation for non-economic loss
(1)
Where any person had an entitlement to compensation under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982 but has not received that compensation and makes written application for that compensation before the 1st day of April 1993, that person shall be entitled to payment under those sections if payment is made on or before the 30th day of June 1995 or after that date if pursuant to a decision given on review or appeal under Part IX of the Accident Compensation Act 1982 as continued in force by section 152 of this Act.
(2)
Where any person has suffered personal injury by accident to which the Accident Compensation Act 1972 or the Accident Compensation Act 1982 applies, and—
(a)
That person has an entitlement to compensation under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982 in respect of that personal injury, but has not received any payment under any of those sections in respect of that personal injury; and
(b)
That person would have an entitlement to an independence allowance under this Act if the personal injury had been suffered on the 1st day of July 1992—
that person shall be entitled to elect in writing, not later than the 31st day of March 1993, to receive either his or her entitlement under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982, or an independence allowance under and subject to the conditions of this Act, but not both.
(3)
Subject to section 148 of this Act, if—
(a)
No payment has been made in respect of personal injury by accident under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982; and
(b)
No payment is made under subsection (1) of this section; and
(c)
No election is made under subsection (2) of this section—
the person shall be deemed to have elected to receive an independence allowance under and subject to the conditions of section 54 of this Act as if the personal injury by accident was personal injury that had been suffered on the 1st day of July 1992.
(4)
Where any election to receive an independence allowance is made under subsection (2) of this section, no payment shall be made under subsection (1) of this section.
148 Persons who have received lump sums under former Acts
(1)
Except as provided in subsections (2) and (3) of this section, where any person has received any payment under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982, that person shall not be entitled to any independence allowance under this Act in respect of that personal injury.
(2)
Where any person to whom subsection (1) of this section applies has already received compensation for personal injury by accident under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982 between the 30th day of June 1991 and the 1st day of July 1992(both days exclusive), that person shall be entitled to refund all such payments received to the Corporation not later than the 1st day of April 1993 and receive an independence allowance in respect of that personal injury by accident under and subject to the conditions of this Act payable from the date on which the assessment for the independence allowance was made or the refund was paid, whichever is the later.
(3)
Notwithstanding subsection (1) of this section, any person who suffered personal injury by accident within the meaning of the Accident Compensation Act 1972 or the Accident Compensation Act 1982 before the 1st day of July 1992, and who has since the 1st day of July 1992 suffered an increased degree of permanent loss or impairment of bodily function resulting from that personal injury by accident, may apply for an independence allowance under and subject to the conditions of section 54 of this Act, but any such independence allowance shall be calculated by deducting from any degree of disability assessed under that section any percentage permanent loss or impairment of bodily function in respect of that personal injury by accident in respect of which a payment has been made under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982.
149 Compensation for pecuniary loss not related to earnings
Where any person was receiving or entitled to receive any compensation under section 121 of the Accident Compensation Act 1972 or section 77 or section 80 of the Accident Compensation Act 1982 immediately before the 1st day of July 1992, that section shall continue to apply to payments in respect of that person until the 31st day of December 1992 as if those sections had not been repealed.
150 Funeral expenses
Where a person has died as a result of personal injury by accident within the meaning of the Accident Compensation Act 1982 before the 1st day of July 1992, section 81 of that Act shall apply in respect of that person as if that section had not been repealed.
151 Lump sum payments to surviving dependent spouses, children, and certain other dependants
Where a person has died before the 1st day of July 1992 as a result of personal injury by accident within the meaning of the Accident Compensation Act 1982, section 82 of that Act and the provisions of that Act in respect of dependency shall apply in respect of any spouse, child, or other dependants of that deceased person as if that section had not been repealed.
152 Review and appeal proceedings for decisions under former Acts
Where any decision has been made under the Accident Compensation Act 1972 or the Accident Compensation Act 1982, whether before the 1st day of July 1992 or after that date, in respect of decisions under section 135 of this Act, Part IX of the Accident Compensation Act 1982 shall continue in force in respect of that decision, as if that Part and those Acts had not been repealed.
153 Allocation of existing money
(1)
All funds derived from levies paid or payable by employers and self-employed persons pursuant to section 38 of the Accident Compensation Act 1982(and any income derived from those funds) which has not been expended shall be held in and applied for the purposes of the Employers’ Account.
(2)
All funds derived from levies paid or payable by the owners of motor vehicles pursuant to section 47 of the Accident Compensation Act 1982(and any income derived from those funds) which has not been expended shall be held in and applied for the purposes of the Motor Vehicle Account.
(3)
Any funds appropriated by Parliament for the purposes of the Accident Compensation Act 1982(whether paid or not) and any income derived from those funds shall be held in and applied for the purposes of the Non-Earners’ Account.
154 Levies under Accident Compensation Act 1982
The provisions of Part IV of the Accident Compensation Act 1982 and of every regulation and Order in Council made under that Act relating to levies that is in force immediately before the commencement of this Part of this Act shall continue in force and apply in respect of any period before the 1st day of July 1992, as if that Act and those provisions had not been repealed or revoked.
Part IX Accident Rehabilitation and Compensation Insurance Corporation
155 Accident Rehabilitation and Compensation Insurance Corporation
(1)
There shall continue to be a body corporate which shall be the same body corporate as that continued by section 4(1) of the Accident Compensation Act 1982.
(2)
The Corporation shall consist of the Board of the Corporation constituted by section 157 of this Act.
(3)
The body corporate shall be called the Accident Rehabilitation and Compensation Insurance Corporation.
(4)
The Corporation shall be a body with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all such acts and things as a company may do and suffer.
(5)
The common seal of the Corporation shall be judicially noticed in all courts and for all purposes.
(6)
The Corporation shall be a Crown agency for the purposes of the Public Finance Act 1989.
(7)
It is hereby declared that the Corporation shall be a local authority for the purposes of section 73 of the Public Finance Act 1989.
(8)
The Corporation shall be exempt from land tax and income tax.
(9)
The provisions of the Second Schedule to this Act shall apply in relation to the Corporation and its proceedings, members, employees, consultants, agents, specialists, and committees.
Compare: 1982, No. 181, s. 4
156 Functions, duties, and powers of Corporation
(1)
The Corporation shall perform such functions and duties and have such powers as are conferred or imposed on it by or under this or any other Act.
(2)
The Corporation shall also have such powers as are necessary or expedient to enable it to perform its functions and duties.
(3)
Without limiting subsection (2) of this section, the Corporation has power to contract with the Crown, any department of State, or any other person or organisation for the performance of any of its functions or duties or the exercise of any of its powers.
Compare: 1982, No. 181, ss. 8(1), 9(1)
157 Board of Corporation
(1)
The Board of the Corporation shall consist of—
(a)
Not more than 6 members to be appointed by the Minister; and
(b)
The Managing Director of the Corporation.
(2)
The principal function of the Board is to formulate policy in relation to the provisions of this Act.
(3)
The members of the Board of Directors of the Accident Compensation Corporation shall be the initial members of the Board and, subject to this Act, they shall hold office for the remainder of the terms for which they were appointed as members of the Board of Directors of the Accident Compensation Corporation.
(4)
The Chairperson and Deputy Chairperson of the Accident Compensation Corporation shall be the Chairperson and Deputy Chairperson of the Corporation.
Compare: 1982, No. 181, s. 4(2)
158 Employment deemed to be continuous
Where any person is an employee of the Accident Compensation Corporation immediately before the 1st day of July 1992, that person shall become an employee of the Accident Rehabilitation and Compensation Insurance Corporation, and—
(a)
For the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employment of that employee shall be deemed to have been unbroken and the period of service with the Accident Compensation Corporation shall be deemed to have been a period of service with the Accident Rehabilitation and Compensation Insurance Corporation:
(b)
The terms and conditions of employment of each such employee shall, until varied, be identical with the terms and conditions of that employee’s employment with the Accident Compensation Corporation immediately before that employment ceased:
(c)
No such employee shall be entitled to receive any payment or other benefit by reason only of that employee ceasing to be an employee of the Accident Compensation Corporation.
159 Corporation to comply with Government policy
(1)
In the performance and exercise of its functions, duties, and powers, the Corporation shall comply with any directions relating to the policy of the Government that are given by the Minister to the Corporation by notice in writing.
(2)
Where a notice is given to the Corporation under subsection (1) of this section, the Minister shall, as soon as practicable after the giving of the notice,—
(a)
Publish a copy of the notice in the Gazette; and
(b)
Lay a copy of the notice before the House of Representatives.
Compare: 1982, No. 181, s. 10
160 Protection of name “Accident Rehabilitation and Compensation Insurance Corporation”
and “Accident Compensation Corporation”
(1)
No company or other body shall be incorporated or registered under a name that contains the words “Accident Rehabilitation and Compensation Insurance Corporation”
or “Accident Compensation Corporation”
or under any other name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such a name as to be likely to deceive.
(2)
Nothing in this section applies to the Corporation or to any person who is appropriately authorised by the Corporation.
161 References to Corporation
Every reference to the Accident Compensation Corporation in any enactment, Order in Council, or document shall, unless the context otherwise requires, be read as a reference to the Accident Rehabilitation and Compensation Insurance Corporation.
Part X Miscellaneous Provisions
162 Delivery of notices
Where notice is required to be given to any claimant, employer, or person liable to pay any premium under this Act, that notice may be given to that person by—
(a)
Personal delivery to that person; or
(b)
Posting it to the usual or last known address of that person, in which case it shall be deemed to have been delivered to that person at the time at which it would have been delivered in the ordinary course of post; and in proving delivery—
(i)
It shall be sufficient to prove that the notice was properly addressed; and
(ii)
It shall be presumed, in the absence of proof to the contrary, that the notice was posted on the day on which it was dated; or
(c)
Except in the case of a claimant, sending it by facsimile or other electronic means to that person, in which case it shall, in the absence of proof to the contrary, be deemed to have been delivered on the day after the day on which it was sent; and in proving sending, it shall be sufficient to prove that a correct machine-generated acknowledgment of receipt has been received.
Compare: 1982, No. 181, s. 116
163 Production of documents
The production of any document under the seal of the Corporation or under the hand of any officer of the Corporation authorised in that behalf, or, where the Commissioner of Inland Revenue is acting as agent for the Corporation, under the hand of the Commissioner of Inland Revenue or of any officer of the Inland Revenue Department authorised by him or her in that behalf, purporting to be a copy of or extract from any statement relating to earnings or from any assessment or amended assessment of premiums under this Act, shall in all courts and all proceedings (including reviews conducted under this Act) be sufficient evidence of the original, and the production of the original shall not be necessary; and all courts and persons conducting reviews under this Act shall in all proceedings take judicial notice of the seal of the Corporation and of the signature of any officer of the Corporation duly authorised in that behalf and of the signature of the Commissioner of Inland Revenue and of any officer of the Inland Revenue Department authorised by him or her in that behalf, either to the original or to any such copy or extract.
Compare: 1982, No. 181, s. 45(4)
164 Disclosure of information to Corporation
(1)
In this section, unless the context otherwise requires, the term “payment”
means any payment under this Act; and includes any provisions in respect of rehabilitation.
(2)
The purpose of this section is to facilitate the disclosure of information by the Departments of Labour, Justice, and Social Welfare and the Customs Department to the Corporation for the purposes of verifying—
(a)
The entitlement or eligibility of any person to or for any payment; or
(b)
The amount of any payment to which any person is or was entitled or for which any person is or was eligible.
(3)
For the purpose of this section, the Corporation may from time to time, in accordance with arrangements made from time to time between the Corporation and the Department concerned, request the Department to supply, in respect of persons who are receiving, have received, or have applied to receive any payment—
(a)
Such biographical information as is sufficient to identify those persons, including their addresses; and
(b)
Such details of those persons held by that Department as are necessary for the purpose of this section.
(4)
On receipt of a request made under subsection (3) of this section, the Department may supply the information requested to any officer or employee or agent of the Corporation who is authorised in that behalf by the Corporation.
(5)
Information supplied pursuant to a request made under subsection (3) of this section may be supplied in such form as is determined by agreement between the Corporation and the Department concerned.
165 Disclosure of information by Corporation
(1)
In this section, unless the context otherwise requires, the term “benefit”
has the same meaning as in section 3(1) of the Social Security Act 1964; and includes—
(a)
A lump sum payable under section 61db, section 61dc or section 61dd of that Act:
(b)
Any special assistance granted out of the Crown Bank Account from money appropriated by Parliament under section 124(1)(d) or (da) of that Act.
(2)
The purpose of this section is to facilitate the disclosure of information by the Corporation to the Department of Social Welfare for the purposes of verifying—
(a)
The entitlement or eligibility of any person to or for any benefit; or
(b)
The amount of any benefit to which any person is or was entitled or to which any person is or was eligible.
(3)
For the purpose of this section, the Director-General of Social Welfare may from time to time, in accordance with arrangements made from time to time between the Director-General and the Corporation, request the Corporation to supply, in respect of persons who are receiving compensation based on weekly earnings,—
(a)
Such biographical information as is sufficient to identify those persons, including their addresses; and
(b)
Such details of the entitlement of those persons to receive compensation based on weekly earnings as are necessary for the purpose of this section.
(4)
On receipt of a request made under subsection (3) of this section, the Corporation may supply the information requested to any officer or employee or agent of the Department of Social Welfare who is authorised in that behalf by the Director-General of Social Welfare.
(5)
Information supplied pursuant to a request made under subsection (3) of this section may be supplied in such form as is determined by agreement between the Corporation and the Director-General of Social Welfare.
Compare: 1991, No. 133, s. 2
166 Offences
(1)
Every person who—
(a)
Makes any statement knowing it to be false in any material particular; or
(b)
Wilfully does or says anything or omits to do or say anything for the purpose of misleading or attempting to mislead any person concerned in the administration of this Act or any other person whomsoever; or
(c)
Makes any statement that is false in a material particular with reckless disregard as to whether or not it is true—
for the purpose of receiving or continuing to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance (for that person or for any other person), or which results in that person or any other person receiving or continuing to receive any treatment, service, rehabilitation, related transport, compensation, grant, or allowance under this Act commits an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $ 5,000 or to both imprisonment and fine.
(2)
Any person who is in receipt of—
(a)
A vocational rehabilitation allowance under section 25 of this Act; or
(b)
Compensation for loss of earnings under section 38 or section 39 of this Act; or
(c)
Loss of potential earning capacity under section 45 or section 46 of this Act; or
(d)
Weekly compensation under section 60 of this Act; or
(e)
Compensation continued under section 138 or section 145 of this Act—
who fails to advise the Corporation or the exempt employer, as the case may be, as soon as is practicable if there is any increase in the amount of earnings derived after the commencement of compensation that would reduce the compensation payable to that person, commits an offence and is liable on summary conviction to a fine not exceeding $ 5,000.
(3)
Notwithstanding anything in section 14 of the Summary Proceedings Act 1957 or in any other Act, any information in respect of any offence against this Act, or against any regulations made thereunder, for which a person is liable on summary conviction to a fine may be laid at any time within 5 years after the termination of the year in which the offence was committed.
(4)
Every person who commits an offence against this Act or any regulations made thereunder for which no penalty is provided in this Act or in any regulations made thereunder elsewhere than in this section is liable on summary conviction to a fine not exceeding $ 500.
(5)
Any information may charge the defendant with any number of offences against this Act (whether arising under this section or otherwise) or against any regulations made thereunder, if those offences are founded on the same set of facts or form or are part of a series of offences of the same or a similar character.
(6)
Where any information charges more than one such offence, particulars of each offence charged shall be set out separately in the information.
(7)
All such charges shall be heard together unless the Court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect.
Compare: 1982, No. 181, s. 119
167 Regulations
(1)
The Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations—
(a)
Prescribing the various scales by which capacity for work and incapacity, impairment, disability, and handicap for work are to be measured, and prescribing the procedures by which the scales shall be administered, for the purposes of this Act:
(b)
Prescribing the forms to be used to lodge a claim under this Act:
(c)
Prescribing the form of certificates required to be submitted in respect of claims lodged under this Act:
(d)
Defining, so as to ensure that the meanings are consistent for the purposes of income tax, premiums, and compensation, the terms “earnings”
, “earnings as an employee”
, and “earnings other than as an employee”
, and the time of their payment or derivation for premium purposes and for the purposes of determining the weekly earnings of any person and prescribing the maximum amounts and deemed minimum amounts of earnings for premium purposes:
(e)
Prescribing the procedures for the return of earnings and the payment of premiums on earnings and refunds on premiums and other related matters:
(f)
Prescribing procedures for the obtaining of independent advice for the purposes of section 5 of this Act, including procedures enabling the claimant and the registered health professional to have a reasonable opportunity to comment on the matter:
(g)
Prescribing rates of premiums (including a minimum premium for those with earnings other than as an employee):
(h)
Prescribing classifications for premium purposes:
(i)
Prescribing the criteria for eligibility to be an exempt employer and related procedures:
(j)
Prescribing the particulars to be provided in the work injury report to be submitted by employers:
(k)
Prescribing the tests to be applied and the conditions under which they are to be applied to assess the level of compensable deafness where that deafness is personal injury caused by gradual process arising out of and in the course of employment, and prescribing matters relating to base-line testing:
(l)
Prescribing the extent to which the Corporation may meet the costs of social rehabilitation, health care treatment, services, and certificates, and related transport costs, and prescribing the circumstances in which, and the method by which, the Corporation shall make any payment in respect of that rehabilitation or those treatments, services, certificates, and related transport costs, and may enter into arrangements and make contributions in respect of them; and prescribing the persons to whom those payments may be so made:
(m)
Prescribing the collection fee or rate of collection fee, not exceeding the estimated true cost of collection, that may be paid to or retained by the Commissioner of Inland Revenue or any other agent responsible for the collection of premiums:
(n)
Prescribing the formula or formulae for indexation under section 70 of this Act:
(o)
Prescribing the formula or formulae for indexation under section 71 of this Act:
(p)
Prescribing the terms and conditions of systems of experience rating of payers of premiums under this Act:
(q)
Prescribing matters relating to vocational rehabilitation:
(r)
Prescribing rules for the making of applications and the conduct of proceedings under section 84 of this Act:
(s)
Prescribing the rules for the lodging of notices and conduct of appeals under this Act in District Courts and prescribing the rules for proceedings under section 90 of this Act:
(t)
Prescribing a scale of costs for the purposes of section 90(10) of this Act:
(u)
Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any requirement or direction made or given under any such regulation; and prescribing penalties not exceeding $ 500 in respect of any offences prescribed under this paragraph:
(v)
Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2)
The Minister shall not make any recommendation in respect of regulations made pursuant to any of paragraphs (a), (f), (h), (i), (k), (l), (p), and (q) of subsection (1) of this section or in relation to the Medical Misadventure Account without first consulting such persons or organisations as the Minister considers appropriate having regard to the subject-matter of the proposed regulations.
(3)
In the absence of any regulations under this section or so far as any such regulations do not extend, the Corporation may determine the forms to be used and the procedures to be followed for the purposes of this Act.
(4)
The forms for work injury claims, work injury reports, and treatment certificates shall be prescribed in regulations that come into force not later than the 1st day of April 1993.
(5)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (1) of subsection (1) of this section may—
(a)
Prescribe a percentage or different percentages of the total costs to be paid by the Corporation, or prescribe a specified amount or specified amounts which the Corporation shall pay in respect of those costs in specified circumstances:
(b)
Provide that the Corporation shall make payments in respect of costs only to the extent that costs exceed amounts specified in the regulations:
(c)
Provide that the Corporation shall make payments only in respect of rehabilitation, treatments, certificates, services and related transport provided by, or on referral from, or under the direct supervision of persons who are members of classes prescribed in the regulations:
(d)
Provide that the Corporation shall not pay any of the cost of specified rehabilitation, certificates, treatments, services, or related transport, or shall pay some or all of such costs only if conditions specified in the regulations or by the Corporation are met:
(e)
Provide that the Corporation shall make payments in respect of rehabilitation, treatments, certificates, services or related transport on such other basis as is specified in the regulations:
(f)
Provide that the Corporation shall make payments to a Crown Bank Account nominated by the Minister of Finance equivalent to benefits paid under Part II of the Social Security Act 1964 or any regulations in force under that Part in respect of any health care treatment, service, or certificate.
(6)
Without limiting the matters that may be prescribed by regulations, regulations made under paragraph (1) of subsection (1) of this section may contain different provisions in respect of—
(a)
Payments relating to personal injury arising out of and in the course of employment, and other personal injury:
(b)
Payments relating to persons who are entitled to compensation for loss of earnings or loss of potential earning capacity:
(c)
Payments relating to persons who have different entitlements to benefits under the Social Security Act 1964:
(d)
Payments relating to persons or rehabilitation treatments, certificates, services, or related transport costs, repairs, or replacements, on such other basis as is specified in the regulations.
(7)
Without limiting the Acts Interpretation Act 1924, no Order in Council or regulation under this Act shall be invalid because it leaves any matter to the discretion of the Minister or the Corporation or any agent of the Corporation or because it authorises the Minister or the Corporation or any agent of the Corporation to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or the Corporation or any agent of the Corporation.
Compare: 1982, No. 181, 120
168 Amendment to Oaths and Declarations Act 1957
Section 22(2)(a) of the Oaths and Declarations Act 1957(as substituted by section 7 of the Judicature Amendment Act 1986) is hereby amended by omitting the expression “and the Judge of the Compensation Court”
.
169 Amendment to Insolvency Act 1967
Section 104(1) of the Insolvency Act 1967 is hereby amended by repealing paragraph (e), and substituting the following paragraph:
“(e)
Fifthly, in payment equally of all amounts payable to the Commissioner of Inland Revenue in accordance with subsection (2) of section 365 of the Income Tax Act 1976 and all amounts payable to the Accident Rehabilitation and Compensation Insurance Corporation in accordance with subsection (17) of section 115 of the Accident Rehabilitation and Compensation Insurance Act 1992:”.
170 Amendment to Ombudsmen Act 1975
The Ombudsmen Act 1975 is hereby amended by omitting from the First Schedule the item “Accident Compensation Corporation”
, and substituting the item “Accident Rehabilitation and Compensation Insurance Corporation”
.
171 Amendment to Films Act 1988
The Films Act 1983 is hereby amended by omitting from Part II of the Schedule the item “The Accident Compensation Corporation”
, and substituting the item “The Accident Rehabilitation and Compensation Insurance Corporation”
.
172 Amendments to Social Security Act 1964
(1)
Section 71a(1) of the Social Security Act 1964(as inserted by section 21(1) of the Social Security Amendment Act 1976) is hereby amended—
(a)
By omitting from paragraph (a) the words “earnings related compensation within the meaning of section 2 of the Accident Compensation Act 1982”
, and substituting the words “compensation for loss of earnings or loss of potential earning capacity under the Accident Rehabilitation and Compensation Insurance Act 1992”
:
(b)
By omitting from paragraph (b) the words “earnings related compensation”
, and substituting the words “compensation for loss of earnings or loss of potential earning capacity”
:
(c)
By omitting the words “earnings related compensation”
, and substituting the words “compensation for loss of earnings and loss of potential earning capacity”
.
(2)
The Social Security Act 1964 is hereby amended by inserting, after section 80c, the following section:
“80d Benefit applications by claimants under Accident Rehabilitation and Compensation Insurance Act 1992
If—
“(a)
The Accident Rehabilitation and Compensation Insurance Corporation pays compensation in respect of a claim made under the Accident Rehabilitation and Compensation Insurance Act 1992; and
“(b)
The claimant subsequently fails to establish his or her claim; and
“(c)
The claimant would otherwise have been entitled to a benefit during all or any part of the period in respect of which the compensation would have been paid if the claim had been accepted—
the Director-General may, in the Director-General’s discretion, treat an application for a benefit made by the claimant as having been made on the date—
“(d)
That the incapacity in respect of which the claim was made occurred; or
“(e)
That the applicant would have become entitled to that benefit—
whichever is the later date.”
173 Amendment to Social Welfare (Transitional Provisions) Act 1990
Section 3 of the Social Welfare (Transitional Provisions) Act 1990(as substituted by section 3 of the Social Welfare (Transitional Provisions) Amendment Act (No. 2) 1991) is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
Subsection (1) of this section shall not apply to any person for the period during which that person has elected not to receive national superannuation pursuant to section 53 of the Accident Rehabilitation and Compensation Insurance Act 1992.”
174 Amendment to Privacy Commissioner Act 1991
The Third Schedule to the Privacy Commissioner Act 1991 is hereby amended by omitting the item relating to the Accident Compensation Act 1982, and substituting the following item:
“Accident Rehabilitation and Compensation Insurance Act 1992
Sections 164 and 165”.
175 Amendment to Criminal Justice Act 1985
The Criminal Justice Act 1985 is hereby amended by repealing section 62, and substituting the following section:
“62 Application of Accident Rehabilitation and Compensation Insurance Act 1992 to persons serving sentence of community service or periodic detention
Where an offender performs any service or does any work for the purposes of a sentence of community service or of periodic detention, the following provisions shall apply:
“(a)
Where the offender suffers any personal injury for which there is cover under the Accident Rehabilitation and Compensation Insurance Act 1992 arising out of and in the course of performing that service or doing that work, the personal injury shall be deemed for the purposes of section 38 of that Act only to have arisen out of and in the course of the offender’s employment, and compensation for loss of earnings to which the offender is entitled under section 38 of that Act shall be payable by the Crown:
“(b)
The cost of all other entitlements of the offender in respect of treatment, services, rehabilitation, related transport, compensation, grants, or allowances under that Act shall be met from the Earners’ Account in the case of an offender who is an earner and from the Non-Earners’ Account in all other cases.”
176 Amendment to Forest and Rural Fires Act 1977
Section 38(6) of the Forest and Rural Fires Act 1977 is hereby amended by omitting the words “Accident Compensation Act 1982”
, and substituting the words “Accident Rehabilitation and Compensation Insurance Act 1992”
.
177 Amendment to Transport (Vehicle and Driver Registration and Licensing) Act 1986
Section 57 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 is hereby repealed.
178 Amendments to Taxation Acts
The enactments specified in the Third Schedule to this Act are hereby amended in the manner indicated in that Schedule.
179 Repeals, revocations, and savings
(1)
The enactments specified in the Fourth Schedule to this Act are hereby repealed.
(2)
Subject to this section, the rules, regulations, and Orders in Council specified in the Fifth Schedule to this Act are hereby revoked.
(3)
Notwithstanding the revocation of any Order in Council or regulation by this section, the provisions of every such Order in Council or regulation shall continue in force and operate in respect of personal injury by accident occurring on or after the 1st day of April 1983 and before the 1st day of July 1992 as if such revocation had not been made.
(4)
Notwithstanding the repeal of the Accident Compensation Act 1982 by this section, every Order in Council and regulation made under that Act, that is not revoked by the Fifth Schedule to this Act and in force immediately before the repeal of that Act, shall continue in force as if it had been made under this Act until specifically revoked.
(5)
The repeal of the Accident Compensation Act 1982 shall not be construed as the disposal or cessation of business by any employer who was required to pay levies under that Act and is required to pay premiums under this Act, irrespective of whether or not the employer is an exempt employer under this Act.
SCHEDULES
FIRST SCHEDULE Crimes Act 1961
Section 8(3)
Section 128—Sexual violation
129—Attempt to commit sexual violation
129a—Inducing sexual connection by coercion
130—Incest
131—Sexual intercourse with girl under care and protection
132—Sexual intercourse with girl under 12
133—Indecency with girl under 12
134—Sexual intercourse or indecency with girl between 12 and 16
135—Indecent assault on woman or girl
138—Sexual intercourse with severely subnormal woman or girl
139—Indecent act between woman and girl
140—Indecency with boy under 12
140a—Indecency with boy between 12 and 16
141—Indecent assault on man or boy
142—Anal intercourse
142a—Compelling indecent act with animal
201—Infecting with disease
Mental Health Act 1969
Section 113—Sexual intercourse with mentally disordered female.
SECOND SCHEDULE Provisions Relating to Corporation
1 Chairperson and Deputy Chairperson
(1)
The Minister shall appoint one of the members of the Board as the Chairperson and another member as the Deputy Chairperson, and every appointee shall hold that office until removed from it by the Minister or ceasing to be a member.
(2)
If the Chairperson or Deputy Chairperson vacates office as a member or is removed by the Minister as Chairperson or Deputy Chairperson, the Minister may appoint any existing member or any new member as Chairperson or Deputy Chairperson.
(3)
If the Deputy Chairperson is appointed as Chairperson, he or she shall vacate office as Deputy Chairperson.
Compare: 1982, No. 181, s. 4(8)
2 Term of office
(1)
Every member appointed by the Minister shall be appointed for a specified term of not more than 3 years, and may from time to time be reappointed.
(2)
Every member, unless removed from office by the Minister, shall continue in office until his or her successor comes into office, notwithstanding that the term of office may have expired.
Compare: 1982, No. 181, s. 4(4)
3 Removal from office
Any member appointed by the Minister may be removed from office without compensation at any time by the Minister.
Compare: 1982, No. 181, s. 4(6)
4 Resignation from office
Any member appointed by the Minister may at any time resign from office by written notice to the Minister.
Compare: 1982, No. 181, s. 4(5)
5 Vacancies in membership
(1)
If any member appointed by the Minister dies or resigns or is removed from office, the vacancy shall, as soon as practicable, be filled by the appointment of another member.
(2)
The powers of the Board and the Corporation shall not be affected by any vacancy in the membership of the Board.
Compare: 1982, No. 181, s. 4(7), (8)
6 Remuneration and expenses of Board members
There shall be paid to the members appointed by the Minister such remuneration by way of fees, salary, or allowances, and such travelling allowances and expenses as are from time to time agreed between the members and the Minister.
Compare: 1982, No. 181, s. 24
7 Meetings
Meetings of the Board shall be held at such times and places as the Board or the Chairperson from time to time appoints.
Compare: 1982, No. 181, s. 5(1)
8 Chairperson to preside at meetings
(1)
If present at a meeting of the Board, and not interested in the deliberation or decision before it, the Chairperson shall preside.
(2)
If—
(a)
Either—
(i)
The Chairperson is not present at a meeting of the Board or is interested in the deliberation or decision before it; or
(ii)
There is no Chairperson for the time being appointed; and
(b)
The Deputy Chairperson is present, and is not interested in the deliberation or decision before the Board,—
the Deputy Chairperson shall preside.
(a)
Either—
(i)
The Chairperson is not present at a meeting of the Board or is interested in the deliberation or decision before it; or
(ii)
There is no Chairperson for the time being appointed; and
(b)
Either—
(i)
The Deputy Chairperson is not present at the meeting or is interested in the deliberation or decision before it; or
(ii)
There is no Chairperson for the time being appointed,—
the meeting shall not proceed until the Minister has appointed another member to preside at the meeting.
(4)
For the purposes of this clause, a member is interested in a deliberation or decision if required by clause 9(3)(b) of this Schedule not to take part in it.
9 Disclosure of interest
(1)
A member who, otherwise than as a member, taxpayer, earner, or private motorist, has a direct or indirect interest in—
(a)
The Board’s performance of any function or exercise of any power; or
(b)
Any arrangement, agreement, or contract, made or entered into, or proposed to be made or entered into, by the Board—
shall, as soon as is practicable after the relevant facts have come to the member’s notice, disclose the nature of the interest in accordance with subclause (2) of this clause.
(2)
A member required by subclause (1) of this clause to disclose the nature of an interest shall disclose it—
(a)
To the Minister, if—
(i)
The person is the Board’s Chairperson; or
(ii)
The person is the Board’s Deputy Chairperson, and for the time being the Board has no Chairperson; and
(b)
To the Board’s Chairperson or Deputy Chairperson, in any other case.
(3)
After becoming required by subclause (1) of this clause to disclose the nature of an interest, a member—
(a)
Shall disclose to the members present at any meeting of the Board at which any deliberation or decision of the Board relating to the matter takes place or is made that the member has an interest in the matter; and
(b)
Shall not take part in any deliberation or decision of the Board relating to the matter in which the member has the interest.
(4)
A member required by subclause (1) of this clause to disclose the nature of an interest in any matter shall be disregarded in determining whether or not there is a quorum of the Board present for any part of a meeting of the Board during which a deliberation or decision of the Board relating to the matter takes place or is made.
Compare: 1991, No. 110, s. 18, cl. 5 Sec. Sched.
10 Quorum
At all meetings of the Board the quorum necessary for the transaction of business shall be 4 members.
Compare: 1982, No. 181, s. 5(3)
11 Decisions
Any decision validly taken at a meeting of the Board shall be a decision of the Corporation.
12 Voting
At any meeting of the Board the person presiding at the meeting shall have a deliberative vote and, if the voting is equal, snail also have a casting vote.
Compare: 1982, No. 181, s. 5(4)
13 Resolutions
A resolution in writing signed, or assented to by letter, telegram, facsimile transmission or telex, by all members of the Board for the time being in New Zealand shall be as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted.
14 Procedure
Subject to this Act, the Board may regulate its procedure in such manner as it thinks fit.
Compare: 1982, No. 181, s. 5(5)
15 Committees
The Board may from time to time appoint and dissolve committees of the Board. Any such committee may include among its membership persons who are not members of the Board, but every such committee shall at all times have a majority of members who are members of the Board.
16 Execution of documents
(1)
The Board may from time to time, in writing under its common seal and witnessed by 2 members, authorise any 1 or more members or employees of the Corporation to execute any deeds, instruments, contracts or other documents on behalf of the corporation, and may at any time in the same manner revoke any such authority.
(2)
Any authority given under subclause (1) of this clause to any employee of the Corporation may be given to—
(a)
Any specified employee; or
(b)
Any employee of a specified class; or
(c)
The holder for the time being of any specified office or of any office of a specified class.
(3)
Every person purporting to execute any documentation on behalf of the Corporation pursuant to any such authority, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with such an authority.
Compare: 1982, No. 181, s. 6
17 Power to borrow, etc.
The Corporation may borrow money, give security, and issue guarantees or indemnities in accordance with procedures approved by the Minister of Finance.
Compare: 1982, No. 181, s. 9(6)
18 Powers of investment
The Corporation shall invest, in the same manner as if it were a trustee, all money received by it and not immediately required for expenditure.
Compare: 1982, No. 181, s. 9(3)
19 Managing Director
(1)
There shall be appointed from time to time by the Board, acting after consultation with the Minister, a Managing Director who shall be the Chief Executive and an employee of the Corporation.
(2)
The Managing Director shall be appointed for a term not exceeding 5 years, and shall be eligible for reappointment.
(3)
The remuneration and terms and conditions of employment of the Managing Director shall be determined from time to time by the Board, acting after consultation with the Minister.
Compare: 1982, No. 181, s. 11
20 Application of State Sector Act 1988
(1)
Part VI of the State Sector Act 1988, with any necessary modifications, and subject to this Schedule, shall apply in relation to the Corporation in the same manner as that Part applies in relation to the Public Service.
(2)
For the purposes of the application of the State Sector Act 1988—
(a)
Every reference to the Chief Executive shall be read as a reference to the Managing Director; and
(b)
Every reference to a Department shall be read as a reference to the Corporation.
(3)
Before entering into any negotiations under Part VI of the State Sector Act 1988 in respect of the conditions of employment of the employees of the Corporation, the Corporation shall consult with the State Services Commission over the conditions of employment to be negotiated. The Commission may at any time, either before or during the negotiations, indicate to the Corporation that it wishes to participate with the Corporation in the negotiation or continued negotiation of the conditions of employment of employees of the Corporation, and the Corporation shall allow the Commission to so participate in the negotiations.
Compare: 1982, No. 181, s. 15a
21 Personnel policy
(1)
The Corporation shall operate a personnel policy that complies with the principle of being a good employer.
(2)
For the purposes of this Schedule, a “good employer”
is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—
(a)
Good and safe working conditions; and
(b)
An equal employment opportunities programme; and
(c)
The impartial selection of suitably qualified persons for appointment; and
(d)
Recognition of—
(i)
The aims and aspirations of the Maori people; and
(ii)
The employment requirements of the Maori people; and
(iii)
The need for greater involvement of the Maori people as employees of the Corporation; and
(e)
Opportunities for the enhancement of the abilities of individual employees; and
(f)
Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
(g)
Recognition of the employment requirements of women; and
(h)
Recognition of the employment requirements of persons with disabilities.
Compare: 1982, No. 181, s. 15b
22 Proper standards
In addition to the requirements specified in clause 21 of this Schedule, the Corporation shall ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.
Compare: 1982, No. 181, s. 15b
23 Equal employment opportunities programme
(1)
The Corporation—
(a)
Shall in each year develop and publish an equal employment opportunities programme for the Corporation; and
(b)
Shall ensure in each year that the equal employment opportunities programme for that year is complied with throughout the Corporation.
(2)
The Corporation shall include in the annual report of the Corporation—
(a)
A summary of the equal employment opportunities programme for the year to which the report relates; and
(b)
An account of the extent to which the Corporation was able to meet, during the year to which the report relates, the equal employment opportunities programme for that year.
(3)
For the purposes of this clause and clauses 21 and 22 of this Schedule, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any person or group of persons.
Compare: 1982, No. 181, s. 15c
24 Superannuation
The Corporation may subsidise or contribute to any registered superannuation scheme, whether constituted by the Corporation or otherwise, for the purpose of providing benefits for its employees.
Compare: 1982, No. 181, s. 14
25 Employees not in service of Crown
No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 by reason of that person’s appointment under this Act as an employee of the Corporation.
Compare: 1982, No. 181, s. 15(1)
26 Liability of members and employees
No member or employee of the Corporation shall be personally liable for any liability of the Corporation, or for any act done or omitted by the Corporation or by any member or employee thereof in good faith in pursuance or intended pursuance of the functions, duties, or powers of the Corporation.
Compare: 1982, No. 181, s. 8(5)
27 Appointment of consultants, etc.
(1)
The Corporation may from time to time appoint (in addition to appointing employees) consultants, agents, specialists, and advisory committees, to advise it in relation to the performance of its functions or duties or the exercise of its powers, and to perform such functions and duties and exercise such powers as may be delegated to such persons or committees.
(2)
The Corporation may—
(a)
Pay to any such persons or members of committees so appointed such remuneration by way of fees, salary, or allowances, and such travelling allowances and expenses, as it thinks fit:
(b)
Contribute towards the remuneration, travelling allowances, and expenses of any such persons or members of committees, whose employers provide services for the Corporation.
Compare: 1982, No. 181, ss. 16, 17
28 Delegations
(1)
The Corporation may, in writing, delegate to any employee, consultant, agent, specialist, or committee, any of its functions, duties, or powers.
(2)
A delegation under this clause may be to any named person or to any person who is for the time being a member of the class of persons appropriately specified in the delegation.
(3)
Where the delegation is to a class of persons it shall, subject to any express terms of the delegation, apply to the members of the class for the time being, irrespective of any change in the membership of the class.
(4)
Every person to whom a function, duty, or power of the Corporation is delegated may further delegate the function, duty, or power in accordance with the terms of the delegation.
(5)
Every delegation under this clause shall be revocable at will, and no such delegation shall prevent the exercise of the function or power by the Corporation or other person granting the delegation.
(6)
The fact that any person purports to exercise or to have exercised any function, duty, or power of the Corporation pursuant to any delegation shall, in the absence of proof to the contrary, be sufficient evidence of the person’s authority to do so.
(7)
The Corporation shall be liable for the actions of any delegate or subelegate as if that person were an employee of the Corporation (whether or not that is the case) and as if any directions given or control exercised by any person over the delegate or subdelegate in that capacity were directions given or control exercised by the Corporation.
Compare: 1982, No. 181, s. 18
29 Annual financial statement and management statement
As soon as is practicable after the end of each financial year, the Corporation shall prepare an annual report which shall comprise—
(a)
A statement of the Corporation’s activities during that year:
(b)
The annual financial statements of the Corporation prepared under Part V of the Public Finance Act 1989, including—
(i)
The management statement forming part thereof; and
(ii)
An analysis of the Corporation’s performance as compared with the statement of intent:
(c)
The audit opinion of the Audit Office prepared under Part V of the Public Finance Act 1989 in respect of the annual financial statements of the Corporation:
(d)
Such other matters as the Minister in writing may from time to time require.
Compare: 1982, No. 181, s. 25
30 Annual report to be laid before House of Representatives
(1)
As soon as is practicable after the end of each financial year, the Corporation shall prepare and give to the Minister an annual report as described in clause 29 of this Schedule.
(2)
In accordance with section 44 of the Public Finance Act 1989, the Minister shall table in the House of Representatives a copy of every annual report given to the Minister.
Compare: 1982, No. 181, s. 117
31 Loans and grants to Corporation
(1)
The Minister of Finance may from time to time, out of money appropriated by Parliament for the purpose, advance money to the Corporation by way of loan or grant.
(2)
The Minister of Finance may from time to time, on behalf of the Crown, in respect of any advances made to the Corporation by any other person, give any guarantee, indemnity, or security pursuant to section 59 of the Public Finance Act 1989.
(3)
Every such guarantee, indemnity, or security shall be given, and every such advance by way of loan shall be made, on and subject to such terms and conditions as the Minister of Finance thinks fit.
Compare: 1982, No. 181, s. 20
THIRD SCHEDULE Amendments to Taxation Acts
Section 178
Part I Inland Revenue Department Act 1974
In this Part of this Schedule, the expression “principal Act”
means the Inland Revenue Department Act 1974.
1 Officers to maintain secrecy
(1)
Section 13 of the principal Act (as amended by section 4 of the Inland Revenue Department Amendment Act 1976) is hereby amended—
(a)
By inserting in subsection (1)(a)(ii), after the words “Accident Compensation Act 1982”
, the words “or Accident Rehabilitation and Compensation Insurance Act 1992”
:
(b)
By inserting in subsection (3)(a)(ii), after the words “Accident Compensation Act 1982”
, the words “or Accident Rehabilitation and Compensation Insurance Act 1992”
:
(c)
By inserting in subsection (4)(bb), after the word “Corporation”
in both places where it occurs, the words “Accident Rehabilitation and Compensation Insurance Corporation”
.
(2)
This clause shall come into force on the 1st day of April 1992.
2 Other persons to maintain secrecy
(1)
Section 14 of the principal Act is hereby amended—
(a)
By inserting in subsection (1)(a), after the words “Accident Compensation Act 1982”
, the words “or the Accident Rehabilitation and Compensation Insurance Corporation constituted under the Accident Rehabilitation and Compensation Insurance Act 1992”
:
(b)
By inserting in subsection (1)(b), after the words “section 18 of the Accident Compensation Act 1982”
, the words “or clause 28 of the Second Schedule to the Accident Rehabilitation and Compensation Insurance Act 1992”
:
(c)
By inserting in subsection (1)(f) and subsection (2) and subsection (3), after the words “Accident Compensation Act 1982”
in each place where they occur, the words “, or the Accident Rehabilitation and Compensation Insurance Act 1992”
:
(d)
By inserting in subsection (5), after the words “Accident Compensation Corporation”
, the words “or the Accident Rehabilitation and Compensation Insurance Corporation”
.
(2)
This clause shall come into force on the 1st day of April 1992.
3 Disclosure of information for matching purposes
(1)
Section 13a of the principal Act (as amended by section 3 of the Inland Revenue Department Amendment Act (No. 3) 1991) is hereby amended by inserting in subsection (2), after paragraph (b), the following paragraph:
“(c)
Whether any premium is payable or the amount of any premium payable by any person.”
(2)
Section 13a of the principal Act (as so amended) is hereby further amended by—
(a)
Omitting the definition of the term “earnings related compensation”
, and substituting the following definition:
“‘Earnings related compensation’ means—
“(i)
Compensation payable under the Accident Compensation Act 1982; and
“(ii)
Any compensation for loss of earnings payable under sections 38, 39, and 43 of the Accident Rehabilitation and Compensation Insurance Act 1992, and any vocational rehabilitation allowance payable under section 25 of that Act, and any compensation for loss of potential earning capacity payable under section 45 or section 46 of that Act, and any weekly compensation payable under section 58, section 59, or section 60 of that Act and any payments continued to be paid under section 137, section 138, or section 145 of that Act (excluding any payments continued under section 143 of that Act in relation to section 68 of the Accident Compensation Act 1982):”; and
(b)
Inserting in the definition of the term “Corporation”
, after the words “Accident Compensation Corporation”
, the words “or the Accident Rehabilitation and Compensation Insurance Corporation”
.
(3)
This clause shall come into force on the 1st day of April 1992.
Part II Income Tax Act 1976
In this Part of this Schedule, the expression “principal Act”
means the Income Tax Act 1976.
4 Interpretation
(1)
Section 2 of the principal Act is hereby amended by inserting in the definition of the term “salary or wages”
, after paragraph (d), the following paragraph:
“(da)
All payments of compensation for loss of earnings payable under sections 38, 39, and 43 of the Accident Rehabilitation and Compensation Insurance Act 1992, and any vocational rehabilitation allowance payable under section 25 of that Act, and any compensation for loss of potential earning capacity payable under section 45 or section 46 of that Act and weekly compensation payable under section 58, section 59, or section 60 of that Act;—”.
(2)
This clause shall apply with respect to the tax on income derived in the income year commencing on the 1st day of April 1992 and in every subsequent year.
5 Transitional tax allowance
(1)
The definition of the term “full-time earner”
in section 50c of the principal Act (as inserted by section 5 of the Income Tax Amendment Act (No. 2) 1986 and amended by section 20 of the Income Tax Amendment Act (No. 4) 1986 and amended by section 4 of the Income Tax Amendment Act (No. 2) 1991) is hereby amended by repealing paragraph (a), and substituting the following paragraph:
“(a)
That person having suffered incapacity due to personal injury by accident (being personal injury by accident within the meaning of section 2 of the Accident Compensation Act 1982 or personal injury within the meaning of section 4 of the Accident Rehabilitation and Compensation Insurance Act 1992) in respect of which earnings related compensation (under section 2 of the Accident Compensation Act 1982), any compensation for loss of earnings payable under sections 38, 39, and 43 of the Accident Rehabilitation and Compensation Insurance Act 1992, or any vocational rehabilitation allowance payable under section 25 of that Act, or any compensation for loss of potential earning capacity payable under section 45 or section 46 of that Act or any weekly compensation payable under section 58, section 59, or section 60 of that Act has been, is being, or will be paid where, were it not for the suffering of that incapacity, that person would have been so engaged:”.
(2)
This clause shall apply with respect to the tax on income derived in the income year commencing on the 1st day of April 1992 and every subsequent year.
6 Accruals in relation to income and expenditure in respect of financial arrangements
Section 64c(5)(c)(i) of the principal Act is hereby amended by inserting, after the words “Accident Compensation Act 1982”
, the words “or the Accident Rehabilitation and Compensation Insurance Act 1992”
.
7 Income and expenditure where financial arrangements redeemed or disposed of
Section 64f(7c)(a)(ii) of the principal Act is hereby amended by inserting, after the expression “section 114 of the Accident Compensation Act 1982”
, the expression “or section 77 of the Accident Rehabilitation and Compensation Insurance Act 1992”
.
8 Items included in assessable income
(1)
Section 65(2) of the principal Act is hereby amended by inserting, after paragraph (c), the following paragraph:
“(ca)
All payments of any compensation for loss of earnings payable under sections 38, 39, and 43 of the Accident Rehabilitation and Compensation Insurance Act 1992, or any vocational rehabilitation allowance payable under section 25 of that Act, or any compensation for loss of potential earning capacity payable under section 45 or section 46 of that Act, or any weekly compensation payable under section 58, section 59, or section 60 of that Act, not being payments which are recovered or recoverable by the Accident Rehabilitation and Compensation Insurance Corporation under section 77(1) of that Act:”.
(2)
This clause shall apply with respect to tax on income derived in the income year commencing on the 1st day of April 1992 and in every subsequent year.
9 Deduction from expenditure or loss incurred in production of income from employment
(1)
Section 105(1) of the principal Act (as substituted by section 9 of the Income Tax Amendment Act (No. 2) 1988) is hereby amended by inserting in paragraph (a), after the words “section 2 of this Act”
, the words “except for payments referred to in paragraph (d) or paragraph (da) of the definition of salary or wages in section 2 of mis Act to the extent to which those payments are made to a self-employed person (as defined in section 2 of the Accident Compensation Act 1982) or to an earner in respect of compensation for loss of earnings other than as an employee (as defined pursuant to regulations made under section 167 of the Accident Rehabilitation and Compensation Insurance Act 1992)”
.
(2)
This clause shall apply with respect to the income year commencing on the 1st day of April 1992 and for every subsequent income year.
10 Year in which accident compensation levy, earner premium, and employer premium are deductible
(1)
Section 140a of the principal Act (as inserted by section 21 of the Income Tax Amendment Act (No. 2) 1985) is hereby amended by adding the following subsections:
“(3)
For the purposes of this section ‘premium from employers’ means, where a taxpayer is an employer, the premium payable by the employer pursuant to section 101 of the Accident Rehabilitation and Compensation Insurance Act 1992 and ‘premium from other earners’ means, where a taxpayer has earnings other than earnings as an employee, the premium payable by the taxpayer pursuant to section 102 of the Accident Rehabilitation and Compensation Insurance Act 1992.
“(4)
For the purpose of calculating the assessable income derived in any income year by any taxpayer, any amount of premium from employers or premium from other earners that becomes due from and payable by the taxpayer in that income year shall be deemed to be expenditure incurred by the taxpayer in that income year and in no other income year, and the deduction (if any) allowable in respect thereof under section 104 of this Act shall be computed accordingly.”
(2)
This clause shall apply with respect to any amount of premium from employers or premium from earners who are not employees that becomes due from and payable by any taxpayer in the income year commencing on the 1st day of April 1992 and in every subsequent year.
11 Payment of tax deductions to Commissioner
(1)
Section 353(1) of the principal Act is hereby amended—
(a)
By inserting in paragraph (b), after the words “the total amount of the tax deductions”
, the words “, and the total deductions, where appropriate”
:
(b)
By inserting in paragraph (c), after the words “the total amount of the tax deductions”
, the words “, and the total deductions, where appropriate”
:
(c)
By inserting in paragraph (e), after the words “the total amount of all tax deductions”
, in each case where those words occur, the words “, and the total deductions, where appropriate”
.
(2)
Section 353(6) of the principal Act (as inserted by section 9 of the Income Tax Amendment Act (No. 3) 1989 and amended by section 34 of the Income Tax Amendment Act (No. 4) 1989) is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Earner premium deductions’ means the deductions required to be made by an employer under section 115 of the Accident Rehabilitation and Compensation Insurance Act 1992 on account of the earner’s premium payable by employees under that Act:
“‘Total deductions’ means the total amount of tax deductions together with the total amount of earner premium deductions made by the employer:”.
(3)
This clause shall apply with respect to deductions from source deduction payments made on or after the 1st day of April 1992.
12 Guaranteed minimum family income credit of tax
(1)
The definition of the term “full-time earner”
in section 374e(1) of the principal Act is hereby amended by omitting the words “section 2 of the Accident Compensation Act 1982) in respect of which earnings related compensation (within the meaning of the said section 2)”
, and substituting the words “section 2 of the Accident Compensation Act 1982 or section 3 of the Accident Rehabilitation and Compensation Insurance Act 1992) in respect of which earnings related compensation (within the meaning of section 2 of the Accident Compensation Act 1982) or any compensation for loss of earnings payable under sections 38, 39, and 43 of the Accident Rehabilitation and Compensation Insurance Act 1992, or any vocational rehabilitation allowance payable under section 25 of that Act, or any compensation for loss of potential earning capacity payable under section 45 or section 46 of that Act, or any weekly compensation payable under section 58, section 59, or section 60 of that Act”
.
(2)
This clause shall apply with respect to the tax on income derived in the income year commencing on the 1st day of April 1992 and every subsequent year.
13 Employers to make returns as to employees
Section 432(6) of the Income Tax Act 1976(as inserted by section 31 of the Income Tax Amendment Act 1992) is hereby amended by repealing paragraph (c), and substituting the following paragraph:
“(c)
The commencement or cessation of the entitlement of any person to—
“(i)
National superannuation; or
“(ii)
Veteran’s pension; or
“(iii)
An income-tested benefit; or
“(iv)
Earnings related compensation or other compensation under the Accident Compensation Act 1982; or
“(v)
Any compensation for loss of earnings payable under sections 38, 39, and 43 of the Accident Rehabilitation and Compensation Insurance Act 1992, or any vocational rehabilitation allowance payable under section 25 of that Act, or any compensation for loss of potential earning capacity payable under section 45 or section 46 of that Act, or any weekly compensation payable under section 58, section 59, or section 60 of that Act.”
Part III Goods and Services Tax Act 1985
In this Part of this Schedule, the expression “principal Act”
means the Goods and Services Tax Act 1985.
14 Meaning of term “supply”
(1)
Section 5(13) of the principal Act (as amended by section 2 of the Goods and Services Tax Amendment Act (No. 2) 1987) is hereby amended by inserting in paragraph (b), after the words “Accident Compensation Act 1982”
, the words “or the Accident Rehabilitation and Compensation Insurance Act 1992”
.
(2)
This clause shall apply to supplies made on or after the 1st day of April 1992.
15 Calculation of tax payable
(1)
Section 20(3)(d)(v) of the principal Act (as inserted by section 3 of the Goods and Services Tax Amendment Act (No. 2) 1987) is hereby amended by inserting, after the words “Accident Compensation Act 1982”
, the words “or the Accident Rehabilitation and Compensation Insurance Act 1992”
.
(2)
This clause shall apply to supplies made on or after the 1st day of April 1992.
FOURTH SCHEDULE Enactments Repealed
Section 179(1)
1952, No. 81—The Finance Act (No. 2) 1952: Section 6. (R.S. Vol. 9, p. 855.)
1956, No. 62—The Workers’ Compensation Act 1956. (R.S. Vol. 9, p. 755.)
1958, No. 104—The Workers’ Compensation Amendment Act 1958. (R.S. Vol. 9, p. 857.)
1959, No. 89—The Workers’ Compensation Amendment Act 1959. (R.S. Vol. 9, p. 858.)
1960, No. 111—The Workers’ Compensation Amendment Act 1960. (R.S. Vol. 9, p. 858.)
1962, No. 123—The Workers’ Compensation Amendment Act 1962. (R.S. Vol. 9, p. 859.)
1963, No. 48—The Workers’ Compensation Amendment Act 1963. (R.S. Vol. 9, p. 861.)
1964, No. 33—The Workers’ Compensation Amendment Act 1964. (R.S. Vol. 9, p. 862.)
1967, No. 29—The Workers’ Compensation Amendment Act 1967. (R.S. Vol. 9, p. 863.)
1968, No. 121—The Workers’ Compensation Amendment Act (No. 2) 1968. (R.S. Vol. 9, p. 863.)
1970, No. 113—The Workers’ Compensation Amendment Act 1970. (R.S. Vol. 9, p. 864.)
1971, No. 44—The Workers’ Compensation Amendment Act 1971. (R.S. Vol. 9, p. 864.)
1972, No. 125—The Workers’ Compensation Amendment Act 1972. (R.S. Vol. 9, p. 865.)
1978, No. 73—The Workers’ Compensation Amendment Act 1978. (R.S. Vol. 9, p. 865.)
1980, No. 155—The Workers’ Compensation Amendment Act 1980. (R.S. Vol. 9, p. 866.)
1982, No. 181—The Accident Compensation Act 1982.
1983, No. 60—The Accident Compensation Amendment Act 1983.
1985, No. 66—The Accident Compensation Amendment Act 1985.
1985, No. 69—The Accident Compensation Amendment Act (No. 2) 1985.
1985, No. 166—The Accident Compensation Amendment Act (No. 3) 1985.
1986, No. 6—The Transport (Vehicle and Driver Registration and Licensing) Act 1986: Section 57.
1986, No. 117—The Income Tax Amendment Act (No. 4) 1986: Section 40(10).
1986, No. 124—The State-Owned Enterprises Act 1986: So much of the Third Schedule as relates to the Accident Compensation Act 1982.
1987, No. 117—The State-Owned Enterprises Amendment Act 1987: So much of Part A of the First Schedule as relates to the Accident Compensation Act 1982.
1988, No. 31—The Accident Compensation Amendment Act 1988.
1989, No. 52—The Accident Compensation Amendment Act 1989.
1989, No. 95—The Accident Compensation Amendment Act (No. 2) 1989.
1991, No. 16—The Accident Compensation Amendment Act 1991.
1991, No. 92—The Accident Compensation Amendment Act (No. 2) 1991.
1991, No. 133—The Accident Compensation Amendment Act (No. 3) 1991.
1992, No. 6—The Accident Compensation Amendment Act 1992.
FIFTH SCHEDULE Rules, Orders, and Regulations Revoked
Section 179(2)
| Title | Statutory Regulations Serial Number |
|---|---|
| The Workers’ Compensation (Tasmanian Reciprocity) Order 1942 | 1942/206 |
| The Workers’ Compensation Regulations 1957 | 1957/39 |
| The Compensation Court Rules 1959 | 1959/183 |
| The Workers’ Compensation (Artificial Limbs) Order 1964 | 1964/97 |
| The Employers’ Liability Insurance Regulations 1968 | 1968/35 |
| The Accident Compensation Motor Vehicle Levies Regulations 1973 | 1973/142 |
| The Workers’ Compensation Amendment Act Commencement Order 1973 | 1973/318 |
| The Accident Compensation Motor Vehicle Levies Regulations 1973, Amendment No. 2 | 1975/74 |
| The Accident Compensation Motor Vehicle Levies Regulations 1973, Amendment No. 3 | 1976/161 |
| The Accident Compensation (Prescribed Amounts) Order 1981(No. 2) | 1981/338 |
| The Accident Compensation (Prescribed Amounts) Order 1981(No. 2), Amendment No. 1 | 1982/29 |
| The Accident Compensation (Increased Amounts) Order 1982 | 1982/149 |
| The Accident Compensation (Prescribed Amounts) Order 1982 | 1982/203 |
| The Accident Compensation (Increased Amounts) Order 1982(No. 2) | 1982/257 |
| The Accident Compensation (Increased Amounts) Order 1983 | 1983/200 |
| The Accident Compensation (Increased Amounts) Order 1984 | 1984/139 |
| The Accident Compensation (Prescribed Amounts) Order 1984 | 1984/140 |
| The Accident Compensation (Increased Amounts) Order 1984(No. 2) | 1984/168 |
| The Accident Compensation (Increased Amounts) Order 1984(No. 3) | 1984/291 |
| The Accident Compensation (Prescribed Amounts) Order 1985 | 1985/39 |
| The Accident Compensation (Increased Amounts) Order 1985 | 1985/126 |
| The Accident Compensation (Increased Amounts) Order 1985(No. 2) | 1985/301 |
| The Accident Compensation (Prescribed Amounts) Order 1986 | 1986/59 |
| The Accident Compensation (Increased Amounts) Order 1986 | 1986/130 |
| Title | Statutory Regulations Serial Number |
| The Accident Compensation (Increased Amounts) Order 1987 | 1987/5 |
| The Accident Compensation (Prescribed Amounts) Order 1987 | 1987/182 |
| The Accident Compensation (Increased Amounts) Order 1987(No. 2) | 1987/249 |
| The Accident Compensation (Increased Amounts) Order 1988 | 1988/3 |
| The Accident Compensation (Prescribed Amounts) Order 1988 | 1988/124 |
| The Accident Compensation (Prescribed Amounts) Order 1988(No. 2) | 1988/255 |
| The Accident Compensation (Increased Amounts) Order 1990 | 1990/5 |
| The Accident Compensation (Prescribed Amounts) Order 1990 | 1990/63 |
| The Accident Compensation (Increased Amounts) Order 1990(No. 2) | 1990/311 |
This Act is administered by the Accident Rehabilitation and Compensation Insurance Corporation.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Accident Rehabilitation and Compensation Insurance Act 1992
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