Tasmania: Workers Rehabilitation and Compensation Act 1988 (Tas)

Workers Rehabilitation and Compensation Act 1988 An Act to provide for the rehabilitation and compensation of workers in respect of occupational injuries suffered by workers, to promote the prevention of injuries in the workplace, to repeal the Workers' Compensation Act 1927 , and for other purposes and to amend the Evidence Act 1910 and the Magistrates Act 1987 [Royal Assent 26 May 1988] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary 1. Short title This Act may be cited as the Workers Rehabilitation and Compensation Act 1988 . 2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation. 2A. Objects of Act The objects of this Act are to establish a rehabilitation and compensation scheme for workplace injuries that – (a) provides for the prompt and effective management of workplace injuries in a manner that promotes and assists the return to work of injured workers as soon as possible; and (b) provides fair and appropriate compensation to workers and their dependants for workplace injuries; and (c) assists in securing the health, safety and welfare of workers and in reducing the incidence of workplace injuries; and (d) provides an effective and economical mechanism for resolving disputes relating to the treatment and management of, and compensation in relation to, workplace injuries; and (e) is efficiently and effectively administered; and (f) is fair, affordable, efficient and effective. 3. Interpretation (1) In this Act, unless the contrary intention appears – accredited medical practitioner means a medical practitioner accredited under section 77C to assess the degree of a worker's permanent impairment; accredited person means a person accredited under section 77C ; AMA Guides means – (a) the American Medical Association Guides to the Evaluation of Permanent Impairment, fourth edition, as modified by this Act; or (b) such later edition of those Guides as may be prescribed, as modified by this Act; applicant means a person who has referred a claim for compensation to the Tribunal under this Act or an agent of that person; application means an application referred to in section 42 (2) ; arbitrated hearing means a hearing under Division 3 of Part V ; authorized officer means a person appointed as, or authorized to perform the functions and exercise the powers of, an authorized officer under section 150A ; basic salary means – (a) during the year beginning 1 January 1991, $311·30; and (b) during any subsequent year beginning 1 January, the basic salary for the previous year as varied by the relevant percentage; Board means the WorkCover Tasmania Board established under section 8 ; caring partner, in relation to a person, means – (a) the person who is in a caring relationship with that person which is the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ; or (b) the person who was, at the time of the death of the first-mentioned person, in a caring relationship with that person which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ; claim for compensation means a claim for compensation under this Act and includes any matter or question arising in connection with or incidental to such a claim; dependants means such members of the family of the worker in relation to whom the term is used as – (a) were dependent, wholly or in part, upon the earnings of that worker at the time of his death; or (b) would have been so dependent but for the incapacity due to the injury; disease means any ailment, disorder, defect, or morbid condition, whether of sudden or gradual development; employer means the person with whom a worker has entered into a contract of service or training contract and may include – (a) the Crown; and (b) the employer of any person or class of persons taken to be a worker for the purposes of this Act; and (c) the legal personal representative of a deceased employer; financial year means the period of 12 months ending on the last day of June; Fund means the Workers Rehabilitation and Compensation Fund established under section 145 ; Health Practitioner Regulation National Law means – (a) the Health Practitioner Regulation National Law – (i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and (ii) as it applies as a law of Tasmania or another State or a Territory; and (b) the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a); industrial deafness means permanent loss of hearing caused by exposure to industrial noise in a worker's employment; injury includes – (a) a disease; and (b) the recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease where the employment was the major or most significant contributing factor to that recurrence, aggravation, acceleration, exacerbation or deterioration – but does not, except for the purposes of section 97(1)(b) and (c) , include an asbestos-related disease within the meaning of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; injury management means the management of an injured worker intended to provide the worker with a timely, safe and durable return to work following an injury; insurer means a body corporate authorized under the Insurance Act 1973 of the Commonwealth to carry on insurance business and includes a person who, at the time a relevant policy of insurance or indemnity was taken out, was so authorized; licence means a licence issued and in force under Division 2 of Part IX ; licensed insurer means an insurer who is the holder of a licence and includes a specialized insurer; medical panel means a medical panel formed under section 50 ; medical practitioner means – (a) a person registered under the Health Practitioner Regulation National Law in the medical profession; and (b) a person who is authorised under a law of another country to carry out all of the functions in respect of which the person would, if they were carried out in Australia, be required to be registered under the Health Practitioner Regulation National Law in the medical profession; medical question means a question relating to – (a) the existence, nature or extent of an injury; or (b) whether an injury is, or is likely to be, permanent or temporary; or (c) a worker's capacity for work or specific work duties; or (d) the loss, or the degree of loss, of any of the parts or faculties of the body; or (e) the permanent loss of the effective use of a part of the body; or (f) the assessment of the degree of permanent impairment, including whether the impairment is permanent; (g) a medical service provided or to be provided to a worker for an injury, including the adequacy, appropriateness or frequency of that service; member of the family, in relation to a worker, means – (a) the spouse, caring partner, father, step-father, grandfather, mother, step-mother, grandmother, son, grandson, daughter, grand-daughter, step-son, step-daughter, brother, sister, half-brother, and half-sister of that worker; or (b) a person to whom the worker stood in loco parentis; mining employee means a worker who is engaged in mining operations under a contract of service or apprenticeship with an employer, whether the contract is express or implied or is oral or in writing; mining operations means – (a) the disturbing, removing, carting, carrying, sifting, smelting, refining, crushing or otherwise dealing with or treating any rock, stone, quartz, clay, sand, soil, ore or mineral by any method for the purpose of obtaining metals or minerals or for prospecting for metals or minerals; and (b) any process in connection with the dealing with, treating or handling of, any rock, stone, quartz, clay, sand, soil, ore or mineral for that purpose; and (c) the dealing with, treating or handling, in connection with a process mentioned in paragraph (a) or (b) , of any by-products or residues produced by, or arising from, that process; and (d) the cutting, dressing, shaping or working on any stone, granite, marble or other similar substance; and (e) the quarrying of blue metal or freestone; and (f) the driving of a tunnel – but does not include sluicing, dredging or any similar operations or mining for coal or shale, or the quarrying or crushing of any materials required for the construction or maintenance of roads; motor vehicle has the same meaning as it has in the Motor Accidents (Liabilities and Compensation) Act 1973 ; Nominal Insurer means the body established as the Nominal Insurer under section 121 ; notified dispute means a claim for liability disputed under section 77AA ; outworker means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale, in premises not under the management or control of the person giving them out; permit means a permit issued and in force under Division 2 of Part IX ; place of residence includes the curtilage, messuages, and appurtenances of the place of residence; police officer includes a junior constable and a trainee as defined in the Police Service Act 2003 ; policy of insurance means a policy of insurance that an employer is required to maintain under section 97 (1) ; President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ; primary treating medical practitioner, in relation to a worker, means the medical practitioner referred to in a notice given by the worker in accordance with section 143G(1) ; psychiatric impairment means an illness of the mind or a disorder of the mind; Registrar has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ; the regulations means the regulations made and in force under this Act; repealed Act means the Workers' Compensation Act 1927 ; second injury scheme means a scheme established by the Board to encourage the employment of injured workers by providing financial incentives to employers in relation to insurance liabilities arising from further injuries to the injured workers; Secretary means the Secretary of the Department; self-insurer means an employer who is the holder of a permit; specialized insurer means an insurer or proposed insurer whose business is, or is intended to be, specialized insurance for employers of a particular class or particular classes; spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ; State includes a Territory; State of connection means the State with which the employment of a worker is connected as determined under Division 2 of Part III ; training contract has the same meaning as in the Training and Workforce Development Act 2013 ; Tribunal means the Tasmanian Civil and Administrative Tribunal; weekly payment means a weekly payment determined in accordance with section 69 ; worker means – (a) any person who has entered into, or works under, a contract of service or training contract with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is express or implied, or is oral or in writing; and (b) any person or class of persons taken to be a worker for the purposes of this Act – and when used in relation to a person who has been injured and is dead, includes the legal personal representatives or dependants of that person or other person to whom or for whose benefit compensation is payable; workers' compensation insurance business means the business of insuring employers against the employers' liability to their workers under this Act; working day, in relation to a worker's place of employment, means any day on which work is normally carried on at that place; workplace injury, in relation to a worker, means an injury for which the worker's employer is or may be liable to pay compensation under this Act; workplace rehabilitation provider means a person who is accredited under section 77C to provide workplace rehabilitation services; workplace rehabilitation services means – (a) initial workplace rehabilitation assessment; or (b) assessment of the functional capacity of a worker; or (c) workplace assessment; or (d) job analysis; or (e) advice concerning job modification; or (f) rehabilitation counselling; or (g) vocational assessment; or (h) (i) (j) any other service that is prescribed by the regulations. (2) For the purposes of this Act, a person who is engaged in plying for hire with a vehicle or vessel, the use of which is obtained from the owner of the vehicle or vessel under a contract of bailment (other than a hire-purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings of the vehicle or vessel, shall be deemed to be a worker employed by that owner. (2A) For the purposes of this Act, employment contributed to a disease to a substantial degree only if it is the major or most significant factor. (3) For the purposes of this Act, the exercise and performance of the powers and duties of a local or other public authority shall be deemed to be the carrying on by such authority of a trade or business. (4) At the request of the governing body of a church, the Minister – (a) may, by notice published in the Gazette, declare that clergymen, as defined in the notice, of that church shall be deemed to be workers for the purposes of this Act and, where he makes such a declaration, the Minister shall also declare, in the same notice, by whom such clergymen are, for those purposes, deemed to be employed; and (b) may at any time, by subsequent notice so published, revoke or amend the first-mentioned notice – and the notice so published has effect according to its terms as if they were provided in this Act. (5) For the purposes of this Act, where a worker suffers an injury that is a disease, that injury shall be deemed to have occurred – (a) on the day on which the worker became totally or partially incapacitated by reason of that injury; or (b) if a day cannot be ascertained under paragraph (a) , on the day on which a medical practitioner has certified that the worker was first incapacitated by reason of that injury. (5A) Nothing in subsection (5) precludes a worker who suffers from industrial deafness from maintaining a claim for compensation under the relevant provisions of this Act notwithstanding that the deafness did not cause incapacity. (6) Where a medical practitioner is unable to certify as to the day on which a worker was first incapacitated by reason of an injury referred to in subsection (5) or where there is a dispute as to the day on which such an injury occurred, the matter may be referred by the worker or his employer, to the Tribunal for determination as to the day on which the injury occurred and the day so determined by the Tribunal shall be deemed to be the day on which that injury occurred. 4. Application of Act (1) This Act binds the Crown, not only in right of Tasmania but also, so far as the legislative power of Parliament permits, in all its other capacities and, accordingly, applies in respect of a worker employed by or on behalf of the Crown. (2) For the purposes of this Act, a police officer shall be deemed to be in the service of the Crown. (3) This Act does not apply in respect of an injury which occurred before the day fixed under section 2 (2) . (4) In relation to an injury to which this Act does not apply by virtue of subsection (3) , the repealed Act continues to apply as if this Act had not been enacted and any claim, application, matter, or proceeding in relation to such an injury shall be heard and determined as if this Act had not been enacted. (5) This Act shall not apply to any person – (a) whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer's trade or business; or (b) who is an outworker; or (c) who is a domestic servant in a private family, and has not completed 48 hours' employment with the same employer at the time when he suffers injury; or (d) who is a member of the crew of a fishing boat, and is remunerated wholly or mainly by a share in the profits or gross earnings of that boat; or (da) who is employed by or on behalf of the Crown in right of the Commonwealth or by a person, or body, that is licensed, or taken to be licensed, under Part VIII of the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth; or (e) notwithstanding section 4D , who is participating in an approved program of work for unemployment payment under the Social Security Act 1991 of the Commonwealth – and no such person shall be deemed to be a worker within the meaning of this Act. 4A. Services of workers lent or on hire If an employer lends or hires the services of a worker to another person, the employer continues to be the employer, for the purposes of this Act, of the worker while the worker is working for that other person. 4B. Contractors (1) Subject to subsection (2) , where a person makes a contract with a contractor to perform work exceeding $100 in value that is not work incidental to a trade or business regularly carried on by the contractor in the contractor's own name or under a business or firm name, and the contractor does not sublet the contract or employ any worker, the contractor is taken to be a worker employed by the person making the contract. (2) If a contractor to whom subsection (1) applies takes out his or her own personal accident insurance, the contractor is taken not to be a worker for the period during which that insurance remains valid. (3) If a contractor takes out his or her own personal accident insurance, the contractor is to provide the person with whom the contract is made with evidence of the contractor's insurance. (4) If a contractor does not take out his or her own personal accident insurance, he or she is to advise the person with whom the contract is made that the contractor has not taken out such insurance. 4C. Salespersons (1) A salesperson, canvasser, collector or other person paid wholly or partly by commission is, for the purposes of this Act, taken to be a worker in the employment of the person by whom the commission is payable, unless the commission is received for or in connection with work incidental to a trade or business regularly carried on by the salesperson, canvasser, collector or other person or by a firm of which he or she is a member. (2) If more than one employer is employing a salesperson, canvasser, collector or other person at the time of an injury to that person, all the employers are liable to contribute to any compensation payable under this Act in respect of the injury in such proportion as, in default of agreement, the Tribunal determines. 4D. Participants in training programs (1) A training program that includes the provision of workplace-based training and involves the provision of funding by the Commonwealth may be prescribed as a training program for the purposes of this section. (2) A class of payments may be prescribed as payments that are taken to be wages in respect of a participant in a prescribed training program. (3) A participant in a prescribed training program is taken to be a worker employed by the person providing the workplace-based training. (4) A payment prescribed under subsection (2) as wages in respect of a participant in a prescribed training program is, for the purposes of this Act, taken to be the participant's wages in the employment by the person providing the workplace-based training. (5) This section does not apply in respect of the participation of a person, or an injury received by a person, in a training program before the program was prescribed as a training program. 4DA. Luxury hire car drivers (1) A person who operates a vehicle as a luxury hire car with the consent or authority of the licensee is, while driving the vehicle or performing any associated activity, taken to be a worker employed by the licensee. (2) Subsection (1) does not apply if the driver of the luxury hire car is also the licensee. (3) In this section – licensee means the holder of a luxury hire car licence under the Taxi and Hire Vehicle Industries Act 2008 ; luxury hire car means a vehicle in respect of which a luxury hire car licence is in force under the Taxi and Hire Vehicle Industries Act 2008 . 4DB. Taxi drivers (1) A person who operates a vehicle as a taxi with the consent or authority of the responsible operator of a taxi service provided under the authority of a taxi licence is, while driving the taxi or performing any associated activity, taken to be a worker employed by the responsible operator. (2) Subsection (1) does not apply if the driver of the taxi is also the responsible operator. (3) In this section – responsible operator means – (a) in respect of a perpetual taxi licence within the meaning of the Taxi and Hire Vehicle Industries Act 2008 – (i) if an assignment or leasing arrangement is in force under section 11 of that Act, the person who, by virtue of that section, is the responsible operator; or (ii) if no such assignment or leasing arrangement is in force, the owner of the perpetual taxi licence; or (b) in respect of an owner-operator taxi licence, wheelchair-accessible taxi licence or temporary taxi licence within the meaning of the Taxi and Hire Vehicle Industries Act 2008 , the holder of that licence; taxi has the same meaning as in the Taxi and Hire Vehicle Industries Act 2008 ; taxi licence means a licence in force under Part 3 of the Taxi and Hire Vehicle Industries Act 2008 . 4DC. Jockeys (1) Notwithstanding section 7 , a jockey or apprentice who holds a licence or permit to ride in accordance with the Rules of Racing and who – (a) is engaged to ride a horse for fee or reward at a race meeting or official trial held in Tasmania under the Rules of Racing; or (b) is engaged to ride a thoroughbred horse in a training session in Tasmania conducted by a licensed trainer or his or her delegate – is to be taken for the purposes of this Act, while performing such riding work, to be a worker employed by Tasracing. (2) For the purposes of determining any compensation payable to or in respect of a person to whom subsection (1) applies – (a) he or she is taken to have been continuously employed by Tasracing for the period during which he or she has continuously held a permit or licence under the Rules of Racing; and (b) any earnings from riding engagements in another State during the 12 months immediately before the period of incapacity, or during the period for which he or she held a licence to ride, are to be taken to be earnings received in the employment of Tasracing. (3) Notwithstanding section 69 , the normal weekly earnings of a person to whom subsection (1) applies are not to exceed 2 times the basic salary. (4) In this section – licensed means licensed by Tasracing; Rules of Racing means the Rules of Racing for thoroughbred racing made and in force under the Racing Regulation and Integrity Act 2024 ; Tasracing means Tasracing Pty Ltd formed under the Racing (Tasracing Pty Ltd) Act 2009 . 4E. Prescribed relationship A relationship between a certain person, or class of persons, and an organisation or class of organisations may, for the purposes of this Act, be prescribed as a relationship between a worker and an employer. 5. Persons engaged in fire-fighting operations and fire prevention operations (1) A person who, otherwise than under a contract for services, a contract of service, or training contract with the Secretary of the responsible Department in relation to the Fire Service Act 1979 , the State Fire Commission or any brigade within the meaning of the Fire Service Act 1979 , engages in fire-fighting operations or fire prevention operations with the consent of or under the authority of or in co-operation with the Secretary of that responsible Department, the State Fire Commission or any brigade within the meaning of the Fire Service Act 1979 shall, while so engaged, be deemed to be a worker employed by the Crown. (2) For the purposes of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, his normal weekly earnings shall – (a) if he was working under a contract of service with any person immediately before engaging in the operations referred to in that subsection, be computed according to his earnings under that contract; and (b) if he was not working under a contract of service immediately before engaging in those operations, be the basic salary. (3) In this section – fire-fighting operations includes – (a) any act that is necessary or expedient for or directed towards – (i) extinguishing a fire; (ii) preventing the spread of a fire; (iii) saving life or preventing injury to persons by a fire; (iv) preventing property from being destroyed or damaged by fire; (v) providing sustenance for persons performing any act referred to in subparagraphs (i) , (ii) , (iii) , and (iv) ; or (vi) taking action to prevent the outbreak of fire; and (b) the undergoing of training in relation to all or any acts specified in subparagraphs (i) , (ii) , (iii) , (iv) , or (vi) ; fire prevention operations means any operations carried on, or any work or other acts done, for the purpose of preventing the outbreak of fire or abating the danger of fire, and includes the undergoing of training in relation to any of those operations or acts or that work. (4) For the purposes of this section any meeting, competition, or demonstration related to the prevention, control, or extinguishment of fires shall be deemed to be training. 6. Persons engaged in providing ambulance services (1) A person who, otherwise than under a contract for services, a contract of service, or training contract with the Secretary of the responsible Department in relation to the Ambulance Service Act 1982 or the Commissioner for Ambulance Services, engages in ambulance services with the consent of or under the authority of or in co-operation with the Secretary of that responsible Department, the Commissioner for Ambulance Services or any officer of the Ambulance Service (or in pursuance of an arrangement made with him by the Commissioner for Ambulance Services in the exercise of the performance of his functions under the Ambulance Service Act 1982 ) shall, while so engaged, be deemed to be a worker employed by the Crown. (1A) For the avoidance of doubt, subsection (1) does not apply to – (a) a person providing ambulance services for, or on behalf of, a commercial business or commercial organisation; or (b) a person providing ambulance services in this State in accordance with an interstate arrangement within the meaning of section 38A of the Ambulance Service Act 1982 . (2) For the purpose of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, his normal weekly earnings shall – (a) if he was working under a contract of service with any person immediately before engaging in ambulance services pursuant to that subsection, be computed according to his earnings under that contract; and (b) if he was not working under a contract of service immediately before engaging in ambulance services pursuant to that subsection, be the basic salary. (3) References in this section to engaging in ambulance services shall be construed as including references to the undergoing of training or instruction in those services. (4) For the purposes of this section, ambulance services, Commissioner, and officer of the Ambulance Service have the meaning assigned to those expressions by section 3 of the Ambulance Service Act 1982 . 6A. Police volunteers (1) A person who, otherwise than under a contract for services, contract of service or training contract with the Secretary of the responsible Department in relation to the Police Service Act 2003 , performs police operations with the consent of, under the authority of, or in co-operation with, the Secretary of that responsible Department is, while so engaged, taken to be a worker employed by the Crown. (2) For the purpose of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, the normal weekly earnings of that person are – (a) if the person was working under a contract of service with any person immediately before assisting the police officer, to be computed according to the person's earnings under that contract; and (b) if the person was not working under a contract of service immediately before assisting the police officer, to be the basic salary. (3) For the purposes of subsection (1) , police operations means – (a) marine search and rescue operations within the meaning of the Marine Search and Rescue Act 1971 ; and (b) operations required for the purpose of searching for or bringing to safety – (i) persons in danger in the State; or (ii) persons in need of assistance as a result of a casualty occurring in the State; or (iii) persons suffering from illness or injury in the State who require assistance that is not immediately available to them; and (c) operations required for the purpose of protecting property in the State. 6B. Prescribed classes of volunteers (1) Persons of a prescribed class who voluntarily perform work of a prescribed class which is of benefit to the State are taken to be workers employed by the Crown. (2) For the purpose of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, the normal weekly earnings of that person are – (a) if the person was working under a contract of service with any person immediately before voluntarily performing work of the prescribed class, to be computed according to the person's earnings under that contract; and (b) if the person was not working under a contract of service immediately before voluntarily performing work of the prescribed class, to be the basic salary. 7. Exclusion of certain persons who are contestants in sporting activities A person is deemed not to be a worker within the meaning of this Act while he is, pursuant to a contract – (a) participating as a contestant in any sporting or athletic activity; (b) engaged in training or preparing himself with a view to his so participating; or (c) travelling in connection with his so participating or being so engaged – if, under that contract, he is not entitled to any remuneration other than remuneration for the doing of those things. 7A. Part V to apply to all claims for compensation, &c., referred to Tribunal Where in this Act it is provided that any claim for compensation or any dispute relating to a claim for compensation may or must be referred to the Tribunal by any person, a person who refers a claim for compensation or a dispute relating to such a claim to the Tribunal in pursuance of such a provision must do so in accordance with section 42 and the provisions of Part V apply to the determination, resolution or review of the claim for compensation or dispute. PART II - Administration Division 1 - WorkCover Tasmania Board 8. WorkCover Tasmania Board (1) The Workplace Safety Board of Tasmania is abolished and the WorkCover Tasmania Board is established. (2) The corporate name of the Board is "WorkCover Tasmania". (3) The Board – (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (4) Schedule 10 has effect. 9. Membership of Board (1) The Board consists of – (a) the Secretary of the Department, or a person nominated by the Secretary, who is to be the chairperson; and (b) subject to subsection (5) , 5 persons nominated by the Minister – (i) one of whom is to be a medical practitioner, or a registered nurse, with expertise in evidence-based management of work-related injuries; and (ii) one of whom is to be an Australian lawyer with experience in workers rehabilitation and compensation matters; and (iii) one of whom is to be a person with extensive experience in the workers compensation insurance industry; and (iv) one of whom is to be a person with expertise in the evidence base related to management of work-related injuries and who advocates for, or has experience in respect of, the interests of injured workers; and (v) one of whom is to be a person with expertise in the evidence base related to management of work-related injuries and who advocates for, or has experience in respect of, the interests of employers. (c) . . . . . . . . (d) . . . . . . . . (e) . . . . . . . . (f) . . . . . . . . (2) . . . . . . . . (3) . . . . . . . . (4) The members of the Board referred to in subsection (1)(b) are to be appointed by the Governor. (5) In nominating a person for appointment as a member of the Board, the Minister or the Secretary, as the case may be, is to take into account– (a) the functions of the Board; and (b) the skills required of a member to enable the Board to carry out its functions effectively. (6) . . . . . . . . (7) . . . . . . . . (8) . . . . . . . . (9) . . . . . . . . (10) . . . . . . . . (11) Schedule 1 has effect with respect to membership of a Board. (12) Schedule 2 has effect with respect to meetings of a Board. 10. Functions of Board In addition to the functions conferred or imposed on it by any other provision of this Act or any other Act, the Board has the following functions: (a) to make recommendations to the Minister on – (i) the policy and objectives of legislation relating to workers rehabilitation and compensation in this State; and (ii) the amendment or replacement of that legislation; (b) to monitor and report to the Minister on the operation and effectiveness of that legislation and on the performance of the systems to which the legislation relates; (c) . . . . . . . . (d) to control and administer the Fund; (e) . . . . . . . . (f) to promote and support the purpose and principles of injury management and to encourage and support the return to work of injured workers as soon as possible; (g) to review and monitor the performance of licensed insurers and self-insurers and the operation of the Nominal Insurer; (h) . . . . . . . . (i) to collect and publish statistics on any matter the Board considers necessary or relevant to the performance of its functions under, or the administration of, this Act; (j) to promote understanding of this Act through education and any other appropriate means; (k) to advise the Minister on any matter relating to this Act that the Minister refers to the Board; (l) . . . . . . . . (m) such other functions as may be prescribed. 11. Powers of Board (1) The Board may do all things necessary and convenient to be done for or in connection with, or incidental to, the performance of its functions under this Act or any other Act. (2) The generality of subsection (1) shall not be taken to be limited by any other provision of this Act conferring a power on the Board. (3) The Board may establish committees to advise the Board on any aspect of its functions. (4) The Board may establish and administer a second injury scheme. 11A. Minister may give directions (1) The Minister may give a direction in writing to the Board with respect to the performance of its functions and the exercise of its powers under this or any other Act. (2) If the Board has been given a written direction under subsection (1) , the Board is to publish that direction in its next annual report under section 15 . (3) Within 21 days after receiving a direction under subsection (1) , the Board may object to the direction on any ground. (4) An objection is to – (a) be in writing; and (b) specify the grounds for the objection; and (c) be provided to the Minister. (5) If, after receiving an objection, the Minister determines that a direction is not to be withdrawn or amended, the Minister must cause a copy of the direction and the objection to be laid before each House of Parliament within 10 sitting days of receiving the objection. (6) The Board must perform its functions and exercise its powers in a manner that is consistent with a direction if – (a) the Board has not objected to the direction within the period specified in subsection (3) ; or (b) the Board has objected to the direction and the direction has been tabled in both Houses of Parliament; or (c) the Board has withdrawn its objection. 12. Disclosure of interest (1) A member of the Board who has a direct or indirect interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Board (otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons and of which he is not a director) shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board and the member shall not be present during, or take part in, any deliberation or decision of the Board in relation to that matter. 13. Delegation by Board (1) The Board may, by instrument in writing under its common seal, delegate to a person specified in the instrument the performance or exercise of such of its functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing under its common seal, revoke wholly or in part any such delegation. (2) A function or power the performance or exercise of which has been delegated under this section may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation. (3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument. (4) Notwithstanding any delegation under this section, the Board may continue to perform or exercise all or any of the functions or powers delegated. (5) Any act or thing done by, or to, a delegate of the Board while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by, or to, the Board and shall be deemed to have been done by, or to, the Board. (6) An instrument purporting to be signed by a delegate of the Board in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Board under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Board under this section. (7) Where the exercise of a power by the Board is dependent on the opinion or belief of the Board, a delegate of the Board under this section may, in exercising that power, act on his own opinion or belief. 14. Secretary to Board (1) The Board may, with the approval of the Head of a State Service Agency, appoint a State Service officer or State Service employee employed in that Agency to be secretary to the Board and that officer or employee may hold that office in conjunction with State Service employment. (2) The Board may make arrangements with the Head of a State Service Agency for such State Service officers and State Service employees employed in that Agency as may be necessary to be made available to the Board to enable it to perform its functions under this Act, and such officers and employees may, in conjunction with State Service employment, serve the Board in any capacity. 15. Annual report (1) The Board shall, not later than 31 October after the end of each financial year, submit to the Minister, in relation to that financial year, a report of its operations. (1A) . . . . . . . . (2) The Minister shall cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament within the first 15 sitting days of the House after the report is received by him. Division 2 - Provisions relating to Tribunal 16. . . . . . . . . 17. . . . . . . . . 17A. . . . . . . . . 17B. . . . . . . . . 18. . . . . . . . . 19. . . . . . . . . 20. Functions of Tribunal The functions of the Tribunal under this Act are as follows: (a) to determine all claims for compensation referred to it under this Act; (b) to determine such other matters as are referred to it under this Act; (c) to exercise the powers conferred, and the duties imposed, on it elsewhere in this Act; (d) to hear and determine any appeal referred to the Tribunal under the Workers' (Occupational Diseases) Relief Fund Act 1954 . 21. . . . . . . . . 22. Record of Tribunal (1) The record of the Tribunal in respect of a proceeding to which this Act relates consists of– (a) the application lodged with the Registrar that relates to that proceeding; (b) a summary of the facts of the matter to be resolved in the relevant claim for compensation as determined and recorded by the Tribunal during the hearing of that claim; (c) any written medical advice or medical opinion provided to the Tribunal pursuant to section 54 by a medical panel to which, or a medical practitioner to whom, a medical question has been referred pursuant to section 49 (3) ; (d) the recording made pursuant to section 56 (2) ; (e) any notes of the proceeding made by the Tribunal; and (f) any order made by the Tribunal in relation to that proceeding. (2) The record of the Tribunal in respect of a proceeding to which this Act relates– (a) shall be open for inspection free of charge by a party to the proceeding and a person acting with the authority of a party to the proceeding; and (b) shall be available for production before a court or a judge for the purposes of any proceedings before the court or judge. 23. Jurisdiction of Tribunal (1) The Tribunal has jurisdiction to perform the functions imposed, and exercise the powers conferred, on it under this Act. (2) Proceedings in respect of compensation under this Act may not be brought before any person, court or tribunal other than the Tribunal. (3) Subsection (2) does not apply to appeals to the Supreme Court in respect of any proceedings before the Tribunal. 23A. . . . . . . . . 24. . . . . . . . . Division 3 - . . . . . . . . 24. . . . . . . . . PART III - Entitlement to compensation Division 1 - Entitlement to compensation 25. Liability of employers to compensate workers for injuries (1) If in any employment – (a) a worker suffers an injury, not being a disease, arising out of or in the course of his employment; or (b) a worker suffers an injury, which is a disease and to which his employment contributed to a substantial degree, within the meaning of section 3(2A) – his employer is, except as is otherwise provided by this Act, liable to pay compensation in accordance with this Act – (c) to the worker; or (d) if the injury results in the death of the worker, to the persons who are the worker's dependants at the date of his death or who would, but for any incapacity due to the injury, have been his dependants. (1A) Compensation is not payable under this Act in respect of a disease which is an illness of the mind or a disorder of the mind and which arises substantially from– (a) reasonable action taken in a reasonable manner by an employer to transfer, demote, discipline or counsel a worker or to bring about the cessation of a worker's employment; or (b) a decision of an employer, based on reasonable grounds, not to award or provide a promotion, transfer or benefit in connection with a worker's employment; or (c) reasonable administrative action taken in a reasonable manner by an employer in connection with a worker's employment; or (d) the failure of an employer to take action of a type referred to in paragraph (a) , (b) or (c) in relation to a worker in connection with the worker's employment if there are reasonable grounds for not taking that action; or (e) reasonable action taken by an employer under this Act in a reasonable manner affecting a worker. (2) Compensation is not payable under this Act in respect of – (a) any injury which is – (i) attributable to the serious and wilful misconduct of the worker, unless the injury results in the death or serious and permanent incapacity of the worker; or (ii) an intentional self-inflicted injury; (b) the disease known as undulant fever or brucellosis, unless a medical practitioner has certified in writing that he is satisfied as to the result of the pathological examination of the blood of the worker that the worker is suffering from that disease; or (ba) coronary heart disease, a diseased heart valve, an aortic aneurism or a cerebral aneurism or any prescribed injury, unless the employment contributed to the disease or injury to a substantial degree; or (c) any disease, including the disease mentioned in paragraph (b) , in any case where the worker, at the time of entering his employment, wilfully and falsely represented himself in writing as not having previously suffered from that disease. (3) For the purposes of this Act, an employer is liable, subject to subsection (1) , to pay compensation pursuant to that subsection in respect of an injury suffered by a worker notwithstanding that the worker was, at the time when the injury was suffered, acting in contravention of any statutory or other regulation applicable to his employment, or that he was acting without instructions from his employer, if the act was done by the worker for the purposes of, or in connection with, his employer's trade or business. (4) Where a person ordinarily engages in work in relation to the port or harbour operations at a port or harbour and in connection with that work persons customarily attend at pre-arranged places for the purpose of being selected and engaged for employment in that work, then, in relation to any contract of service by which that person is engaged in that work– (a) any such place shall be deemed to be a place of employment; and (b) attendance at any such place for the purpose of being so engaged or otherwise in connection with the employment, shall be deemed to be attendance at a place of employment in pursuance of that contract– and, in the application of this Act to the person's attendance at such a place, a contract of service by which, on any occasion, he is engaged for employment at such a place shall be deemed to continue until the next occasion on which he is so engaged. (5) . . . . . . . . (6) For the purposes of this section, an injury does not arise from a worker's employment if it occurs – (a) while the worker is travelling in either direction between the worker's place of residence and the worker's place of employment, except where that journey occurred – (i) at the request or direction of the employer; or (ii) if the journey is work related, with the authority (expressed or implied) of the employer; or (b) while the worker is travelling between places where the worker is employed by different employers; or (c) while the worker, on a working day, is temporarily absent from the worker's place of employment, except where that absence occurs at the request or direction, or, if it is work related, with the authority (expressed or implied), of the employer; or (d) during a social or sporting activity which takes place away from the worker's place of employment, except where the worker's involvement in that activity forms part of the worker's employment or is undertaken at the request or direction, or with the authority (expressed or implied), of the employer. (7) For the purposes of subsection (6)(a)(ii) , a journey is not work related by reason only of the fact that it is for the purpose of enabling a worker to travel – (a) to his or her place of employment from his or her place of residence; or (b) to his or her place of residence from his or her place of employment. (8) No compensation is payable to a worker under this Part in respect of any disease for which he or she is entitled to compensation as an employee under the Workers' (Occupational Diseases) Relief Fund Act 1954 . 25A. Claims for certain diseases arising from mining operations (1) Subject to section 25 (2) , where– (a) a mining employee is suffering from silicosis, carbon-monoxide poisoning, pneumoconiosis, cadmium poisoning, fibrosis of the lungs, ankylostomiasis, lead poisoning and its results, nystagmus, arsenic poisoning or contact dermatitis caused by work; and (b) he or she has been engaged continuously in mining operations in Tasmania for a period of 2 years immediately before ceasing to be employed as a mining employee and is incapacitated from continuing to work as such– his or her employment is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that disease. (2) For the purposes of subsection (1) , a mining employee is taken to have been engaged continuously in mining operations in this State for the period mentioned in that subsection, notwithstanding that he or she may, at any time after that period commenced, have been absent from his or her employment for any periods not exceeding 3 months in the aggregate. 26. Presumption as to cause of disease (1) The Board, by notice, may specify an occupation, or an exposure, to be an occupation or exposure that is to be presumed to contribute to a substantial degree to a disease specified in the notice. (2) A notice under subsection (1) may specify an occupation, or an exposure, by adopting, with the modifications, omissions, or additions, if any, specified in the notice, an instrument that – (a) is made by Safe Work Australia or another person or body that is prescribed; and (b) specifies an occupation, or an exposure, to be an occupation or exposure that is to be presumed to contribute to a substantial degree to a disease specified in the instrument. (3) Subject to section 25(2) , if a worker – (a) suffers a disease that is specified in a notice under subsection (1) ; and (b) has been employed in an occupation, or has been subject to an exposure at the person's workplace, that is specified in the notice to be presumed to contribute to a substantial degree to the disease – it is to be presumed, in the absence of evidence to the contrary, that the worker's employment contributed to a substantial degree to that disease. (4) In this section – Safe Work Australia means Safe Work Australia established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth. 27. Presumption as to cause of certain diseases in relation to fire-fighters (1) Subject to section 25(2) , where – (a) a worker suffers an injury – (i) that is a disease referred to in column 1 of Schedule 5 ; and (ii) that occurs on or after the day on which this section commences; and (b) the injury occurs during a period in which the worker is employed as a fire-fighter or within the 10-year period after the worker ceases to be employed as a fire-fighter; and (c) before the date on which the injury that is a disease referred to in column 1 of Schedule 5 occurred, the worker is employed as a fire-fighter for at least the period specified in column 2 of Schedule 5 opposite the disease – (d) . . . . . . . . the worker's employment as a fire-fighter is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that injury. (2) For the purposes of this section – (a) a person is employed as a fire-fighter if the person is employed as a career fire-fighter or an occupational fire-fighter or is engaged as a volunteer fire-fighter; and (b) a reference to employment as a fire-fighter includes a reference to engagement as a volunteer fire-fighter; and (c) a reference to a period of employment of a worker as a fire-fighter includes a reference to a period – (i) beginning on the first day on which the worker is a volunteer fire-fighter; and (ii) ending on the last day, before the worker suffers an injury to which this section relates, on which the worker is a volunteer fire-fighter. (3) For the purposes of determining a period under subsection (1)(c) , all periods of employment of a worker as a fire-fighter are to be combined. (4) . . . . . . . . (5) Despite section 3(5) , where a worker suffers an injury that is a disease, the injury is, for the purposes of this section, to be taken to have occurred on the day on which the worker – (a) is first diagnosed as suffering from the disease; or (b) becomes partially or totally incapacitated by reason of the disease; or (c) dies by reason of the disease – whichever occurs first. (6) Despite the amendments to this section made by the Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017 , this section, as in force immediately before that Act commences, applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , before 31 October 2017. (6A) This section, as amended by the Workers Rehabilitation and Compensation Amendment (Presumption of Cause of Disease) Act 2017 , applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , on or after 31 October 2017. (6B) This section, as amended by the Workers Rehabilitation and Compensation Amendment Act 2022, applies to an injury if the injury is to be taken to have occurred, in accordance with subsection (5) , on or after the day on which that Act commences. (7) The regulations may amend Schedule 5 by – (a) varying or rescinding any matter set out in the Schedule; or (b) adding a disease and a period to the Schedule. (7A) For the avoidance of doubt, the amendment of Schedule 5 by a provision of an Act does not prevent the further amendment of that Schedule by regulations that are made in accordance with subsection (7) . (8) In this section – career fire-fighter means a worker who – (a) is appointed or employed in accordance with section 24 of the Fire Service Act 1979 ; and (b) who occupies, or has occupied, during such an appointment or employment (whether or not for the whole period of such appointment or employment), a position classified as a "fire-fighter", "station officer", "senior station officer" or "district officer" under the industrial award that relates from time to time to persons carrying out fire-fighting operations; Chief Officer has the same meaning as it has in the Fire Service Act 1979 ; fire-fighter means – (a) a career fire-fighter; and (b) a volunteer fire-fighter; and (c) an occupational fire-fighter; fire-fighting operations – (a) in relation to a volunteer fire-fighter or an occupational fire-fighter, has the same meaning as it has in section 5(3) and as if a reference in section 5(3) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires; or (b) in relation to a career fire-fighter, has the same meaning as it has in the Fire Service Act 1979 ; fire prevention operations has the same meaning as it has in section 5(3) and as if a reference in section 5(3) to training included any meeting, competition, or demonstration, related to the prevention, control or extinguishment of fires; occupational fire-fighter means – (a) a person who is – (i) a State Service employee, or State Service officer, employed in an Agency, within the meaning of the State Service Act 2000 , a significant function of which is to manage forests or parks; or (ii) an employee of a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 , a significant function of which is to manage forests or parks – and who is employed, in whole or in part, in the Agency or Government Business Enterprise, to perform fire-fighting operations or fire prevention operations, or who engages, during his or her employment in the Agency or Government Business Enterprise, in fire-fighting operations or in fire prevention operations, that are related to forests or parks; or (b) a State Service employee or State Service officer, other than a career fire-fighter, who – (i) is appointed or employed in accordance with section 24 of the Fire Service Act 1979 ; and (ii) in the course of such an appointment or employment, engages in fire-fighting operations or fire prevention operations in relation to bushfires; volunteer fire-fighter means a person who, otherwise than under a contract for services, a contract of service, or a training agreement, with – (a) the Secretary of the responsible Department in relation to the Fire Service Act 1979 ; or (b) the State Fire Commission; or (c) any brigade within the meaning of the Fire Service Act 1979 – engages in fire-fighting operations, or fire prevention operations, with the consent of, under the authority of, or in co-operation with, a person or body referred to in paragraph (a) , (b) or (c) . 28. Review of operation of section 27 (1) The Minister must cause a review of the operation of section 27 to be undertaken and completed as soon as practicable after the end of – (a) the 12-month period from the commencement of this section; and (b) each 3-year period after the completion of each previous review of the operation of section 27 . (2) The person who undertakes the review must provide a written report of the review to the Minister as soon as practicable after the review is completed. (3) The Minister must cause the written report of the review to be laid before each House of Parliament within 10 sitting-days after the report is provided to the Minister. 28A. Presumption as to cause of post-traumatic stress disorder (1) In this section – relevant worker means – (a) a worker who is employed by the Crown or appointed under an Act of the State; and (b) a worker who is employed by a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 ; and (c) a worker who is employed by a State-owned company, within the meaning of the Government Business Enterprises Act 1995 . (2) Subject to section 25(1A) and (2) , where a relevant worker suffers an injury that consists of post-traumatic stress disorder, the worker's employment is, in the absence of evidence to the contrary, taken to have contributed to a substantial degree to that injury. 29. Liability of principal in case of workers employed by contractors (1) Where a person (in this section referred to as "the principal") in the course of, or for the purposes of, hi