In forceAmended2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process

50. Directions by Commissioner

Amended

Last amended by an amending law of 2024.

(1)

Where the Commissioner has notice of an accident giving rise to any work injury, the Commissioner may direct the claimant, the employer or platform operator (as the case may be), an insurer, the principal (if any) or any other person in connection with the claim to do anything to facilitate the compensation process under this Part, including any of the following:

(a)

to attend a pre‑hearing conference mentioned in section 52 or a hearing under section 55; (b)to provide any information or document to the employer’s insurer or platform operator’s insurer (as the case may be) or the Commissioner.

(2)

Where any person fails to comply with a direction under subsection (1) or section 52(a) or (b), without limiting the powers of the Commissioner, the Commissioner may do any of the following:

(a)

stop the compensation process; (b)where the compensation is being processed by the employer’s insurer, decide to process the compensation instead under section 36(2)(b);

(ba)

where the compensation is being processed by the platform operator’s insurer, decide to process the compensation instead under section 36(2)(b), as modified by section 35B;

(c)

draw any adverse inference against that person, and issue a notice of assessment or make an order of compensation, as the case may be.

(3)

Any direction made under subsection (1) or section 52(a) or (b) may be set aside or varied by the Commissioner on such terms as the Commissioner may specify.

(4)

A person commits an offence if the person, without lawful excuse, fails to comply with a direction under subsection (1)(b) or section 52(a) and shall be liable —

(a)

on the first conviction — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and

(b)

on a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Terms defined in this Act

claim
Defined · s 2
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
Open s 2
claimant
Defined · s 2
“claimant” means an injured individual claiming compensation under this Act;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Open s 2
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
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