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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3497 ..


39 personal injury plan , for an injured worker, means a plan for coordinating and managing the aspects of injury management, that relate to the treatment, rehabilitation and retraining of the worker, to achieve a timely, safe and durable return to work for the worker.

40 workplace injury means an injury in relation to which compensation is or may be payable under this Act.

10J Meaning of employer and insurer if more than 1

(NSW WIMWCA s 42 (2))

(1) This section applies if 2 or more employers are or may be liable to pay compensation to an injured worker but the employers do not all still employ the worker.

(2) In this chapter:

41 employer , of the injured worker, is the employer that last employed the worker.

42 insurer means the employer's insurer.

Part 5.2 General obligations

10K Insurer to establish etc injury management program

(1) An insurer must establish and maintain an injury management program.

(2) An insurer must review the effectiveness of its injury management program at least once every 2 years and revise the program in accordance with the results of the review.

(3) An insurer must give a copy of its injury management program, and any revised injury management program, to the Minister.

10L Insurer to give effect to injury management program

(1) An insurer must give effect to its injury management program, in particular by complying with the obligations imposed on the insurer under the program.

(2) An insurer must take appropriate steps to ensure that each employer who is insured by the insurer is aware of the employer's obligations under this chapter and is aware of the requirements of the insurer's injury management program.

Note  An employer may have obligations under the following provisions of this part:

  • under s 10N to comply with the obligations imposed on the employer under the injury management program
  • under s 10O (2) to give notice of injury to the insurer
  • under s 10V to take part and cooperate in establishing a personal injury plan for a worker, and to comply with the plan
  • under s 10ZA and s 10ZB to provide suitable work for an injured worker
  • under s 10ZE to establish a return-to-work program.

(3) Subsection (2) does not apply to a self-insurer.

10M Insurer's obligation of prompt payment

(1) If an insurer is required under this Act to pay an amount for a service, the insurer must pay the amount to the person who provided the service (the service provider ) within 30 days after the service is provided.

Maximum penalty: 10 penalty units.


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