Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .
Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3495 ..
Part 4.7 Registration of agreements for compensation
10B Registration of agreements for compensation
(NSW WCA s 66A (3), (4), (4A), (10))(1) If the worker agrees to receive an amount of compensation under section 8O (Compensation for permanent injuries generally) for a loss or under section 12J (How worker may commute rights) for the commutation of a right, a party to the agreement may apply to the Magistrates Court for registration of the agreement.
(2) The Magistrates Court may refuse to register the agreement if the court considers that the agreement is inaccurate or that the agreed amount of compensation is inadequate.
(3) The Magistrates Court must refuse to register the agreement unless satisfied that the worker received independent legal advice about the agreement before entering into it.
(4) An agreement may deal with the payment of costs.
10C Effect of registration of agreements
(NSW WCA s 66A (1), (2), (7))(1) A worker with a registered agreement in relation to a loss or the commutation of a right is not entitled to receive any additional compensation for the loss or commutation of the right under an award of the Magistrates Court.
(2) However, the Magistrates Court may award additional compensation if satisfied that-
(a) the agreement was obtained by fraud or undue influence; or
(b) the agreed amount of compensation was manifestly inadequate.
(3) This section does not limit an award of additional compensation for a further loss suffered after the loss to which the agreement relates.
10D Cancellation or amendment of registered agreements
(1) On application by a party to a registered agreement, the Magistrates Court may amend the registered agreement or cancel the registration of the agreement.(2) The Magistrates Court may act under subsection (1) only if-
(a) a party becomes aware of evidence that was not available to the party when the agreement was made; and
(b) the court considers that, if the party had been aware of the evidence, the agreement would not have been made, or would not have been made as registered.
Part 4.8 Exceptions to entitlements to compensation
10E When is compensation under Act generally not payable? (ACT WCA s 7 (3) and (4))
(1) This section applies if, apart from this section, compensation in relation to an injury to a worker is payable under this Act.
(2) Compensation is not payable if the injury to, or death of, the worker is caused by an intentionally self-inflicted injury.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .