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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3503 ..


(b) the cost of other treatment described in the plan that is provided to the worker for the workplace injury.

Examples of other treatment

Treatment may be identified by reference to factors like the kind of treatment, the identity of the health care professional who provides the treatment, and the circumstances in which the treatment is provided.

(2) For a payment under subsection (1), it does not matter that the worker has not made a claim for compensation, that the insurer has not accepted liability for the injury or if the insurer disputes liability for the injury.

(3) If the insurer makes the payments in relation to the injury and another insurer (the other insurer ) or another employer (the other employer ) accepts liability to pay compensation to the worker in relation to the injury, the insurer is entitled to recover the costs (to the extent that compensation is payable under this Act in relation to the costs) as a debt from the other insurer or other employer.

(4) An amount recoverable under subsection (3) is taken to be payable by the other insurer or other employer as compensation to the injured worker.

10ZD Second injury arrangements (NSW WIMWCA s 51)

(1) Arrangements may be entered into under this section to encourage the employment of injured workers by providing financial incentives to their employers in relation to insurance liabilities arising from further injuries to the workers.

(2) An insurer who is liable to pay compensation to an injured worker may enter into an arrangement with a new employer (the new employer ) of the injured worker providing for either or both of the following:

(a) for the insurer to indemnify the new employer in relation to the employer's liability to pay compensation to the injured worker under this Act;

(b) for the insurer to pay a wage subsidy to the new employer in relation to the worker's employment.

(3) An arrangement under this section-

(a) applies for 6 months or, if a period is stated in the arrangement, that period; and

(b) if it provides for an indemnity-applies to all injuries or only to the injuries stated in the indemnity arrangement; and

(c) is subject to the conditions the insurer decides and the new employer agrees to.

(4) A claim for compensation for an injury to the worker to which an indemnity under this section applies is excluded from the claims experience of the new employer in working out the premium payable by the new employer for an insurance policy.

(5) This section applies only in relation to approved insurers.


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