Workers Compensation (Dust Diseases) Regulation 2008
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1 15 August 2008 LEGISLATION 7605 New South Wales Workers Compensation (Dust Diseases) Regulation 2008 under the Workers Compensation (Dust Diseases) Act 1942 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Workers Compensation (Dust Diseases) Act ERIC ROOZENDAAL, M.L.C., Minister Assisting the the Minister for for Finance Explanatory note The object of this Regulation is to remake, with no substantial changes, the provisions of the Workers Compensation (Dust Diseases) Regulation 2003, which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act This Regulation makes provision with respect to the following: (a) the holding of meetings of the Workers Compensation (Dust Diseases) Board (clause 4), (b) the service of summonses to attend meetings of the board (clause 5), (c) the procedure to be followed at meetings of the medical authority appointed under the Act (clause 6), (d) the prohibition of members of the medical authority from disclosing information as to the physical condition of applicants for compensation (clause 7), (e) the making of applications for compensation (clause 8), (f) the requiring of employers to furnish information to the board regarding the employment and remuneration of applicants and other persons (clause 9), (g) other matters of a minor, consequential or ancillary nature (clauses 1, 2, 3 and 10). This Regulation is made under the Workers Compensation (Dust Diseases) Act 1942, including section 10 (the general regulation-making power). This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989 namely, matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public. s d06 Page 1
2 7606 LEGISLATION 15 August 2008 Workers Compensation (Dust Diseases) Regulation 2008 Contents Page 1 Name of Regulation 3 2 Commencement 3 3 Interpretation 3 4 Meetings of board 4 5 Service of summons to attend meetings of board 4 6 Meetings of medical authority 4 7 Non-disclosure of information by members of medical authority4 8 Applications for compensation 4 9 Employers to supply certain information 5 10 Savings provision 5 Page 2
3 15 August 2008 LEGISLATION 7607 Workers Compensation (Dust Diseases) Regulation 2008 Clause 1 Workers Compensation (Dust Diseases) Regulation 2008 under the Workers Compensation (Dust Diseases) Act Name of Regulation This Regulation is the Workers Compensation (Dust Diseases) Regulation Commencement 3 Interpretation This Regulation commences on 1 September Note. This Regulation replaces the Workers Compensation (Dust Diseases) Regulation 2003 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act (1) In this Regulation: chairperson means the chairperson of the board. compensation means compensation under section 8 of the Act. the Act means the Workers Compensation (Dust Diseases) Act (2) Notes included in this Regulation do not form part of this Regulation. Page 3
4 7608 LEGISLATION 15 August 2008 Clause 4 Workers Compensation (Dust Diseases) Regulation Meetings of board (1) Meetings of the board are to be held at such intervals as the chairperson may fix. (2) In the absence from a meeting of the chairperson and all alternate members (if any) appointed by the Minister to act in place of the chairperson, a member of the board chosen by the members present is to preside at the meeting. (3) The person presiding at a meeting of the board is to determine the procedure at the meeting. 5 Service of summons to attend meetings of board A summons under section 5 (2A) of the Act may be served by post. 6 Meetings of medical authority Subject to section 7 of the Act, the chairperson of the medical authority (or, in the chairperson s absence, the deputy chairperson of the medical authority) is to determine the procedure at a meeting of the authority. 7 Non-disclosure of information by members of medical authority (1) A member of the medical authority must not disclose any information that the member has acquired, in the course of the member s duties, as to the physical condition of an applicant for compensation. (2) This clause does not prevent a member of the medical authority from disclosing any such information: (a) to the applicant, or (b) to any other person with the written consent of the applicant or in the performance of the member s duties. 8 Applications for compensation (1) An application for compensation is to be made to the board in a form approved by the board. (2) The board may require an applicant for compensation for total or partial disablement to furnish to the board full and correct information concerning: (a) the applicant s present and previous employments and engagements, whether as a worker or otherwise, in and outside New South Wales, and Page 4
5 15 August 2008 LEGISLATION 7609 Workers Compensation (Dust Diseases) Regulation 2008 Clause 9 (b) the applicant s dependants and the extent of their dependency. (3) An applicant for compensation must not, in support of the application, make or sign a statement that the applicant knows to be false or misleading in a material particular. 9 Employers to supply certain information (1) This clause applies to a person: (a) who employs or has employed an applicant for compensation, or (b) who employs or has employed a person receiving compensation under an award of compensation, or (c) who employs or has employed a person who has been claimed by an applicant for compensation to be dependent on that applicant or on a person receiving compensation, or (d) who has employed a person in respect of whose death an application has been made for an award of compensation. (2) The board may, by notice in writing served on a person to whom this clause applies, require the person to furnish to the board, within such time as is specified in the notice, such information in relation to the employment and remuneration of the applicant or person as is so specified. (3) A person on whom such a notice is served must not fail to comply with the requirements of the notice. 10 Savings provision Any act, matter or thing that, immediately before the repeal of the Workers Compensation (Dust Diseases) Regulation 2003, had effect under that Regulation continues to have effect under this Regulation. Page 5
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