In force2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 2 · Compensation for Work Injury

19. Payment or deposit by employer

(1)

An employer who is liable to pay compensation under section 16 or 17 or any amount under an order of compensation in respect of an employee’s work injury must, unless the compensation is paid or deposited by the employer’s insurer under section 18 or deposited with the Commissioner under subsection (2), pay the compensation within the prescribed time —

(a)

to the employee; or (b)where the Commissioner so directs under section 20 — to any relative of the employee in accordance with the direction.

(2)

Unless the Commissioner directs otherwise under section 20, an employer must deposit the following payments with the Commissioner, in such manner and within such time as the Commissioner may specify:

(a)

any compensation payable under this Act by the employer in respect of an employee’s work injury if —

(i)

the employee has died; or (ii)the employee lacks capacity in relation to the employee’s property and affairs;

(b)

any compensation payable under this Act by the employer in respect of any permanent incapacity or current incapacity resulting from an employee’s work injury, if the employee is below 18 years of age;

(c)

any compensation payable under this Act that the Commissioner directs the employer to deposit under section 21.

Terms defined in this Act

Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Open s 2
employee
Defined · s 3
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Open s 3
employer
Defined · s 3
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
Open s 3
order of compensation
Defined · s 2
“order of compensation” means any of the following orders:(a)a notice of computation that, under section 44(5), has the effect of an order of compensation;(b)a notice of assessment that, under section 48(3), has the effect of an order of compensation;(c)an order made under section 51(2)(a) to give effect to a settlement agreement;(d)an order of refusal of compensation made at a pre‑hearing conference under section 52(d);(e)an order of compensation or refusal of compensation made under section 54(1)(c);
Open s 2
relative
Defined · s 2
“relative”, in relation to a claimant, means any of the following:(a)a spouse of the claimant;(b)a child (including any adopted child, illegitimate child or stepchild) of the claimant;(c)a parent (including any adoptive parent or step‑parent) of the claimant;(d)the claimant’s sibling (including any stepsibling or half sibling);(e)the claimant’s grandparent or grandchild;
Open s 2
work injury
Defined · s 2
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
Open s 2