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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3563 ..

(4) An agreement may deal with the payment of costs.

10C Effect of registration of agreements

(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.

(3) Compensation is not payable if it is proved that the injury to the worker is attributable to the worker's serious and wilful misconduct, unless the injury results in death or serious and permanent disablement.

(4) In subsection (3), the personal injury received by the worker is attributable to the serious and wilful misconduct of the worker if-

(a) at the time of the injury, the worker was under the influence of alcohol or another drug, unless the alcohol or other drug did not contribute to the injury or was not consumed or taken voluntarily; or

(b) the injury was otherwise attributable to the serious and wilful misconduct of the worker.

(5) In this section:

drug -see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

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