2016-10-11 Services & Organisation Committee Agenda

                                                                 Delegation No: 2016-63




DELEGATION OF AUTHORITY
TITLE:        WORKERS COMPENSATION, REHABILITATION AND WORK
              HEALTH AND SAFETY

Delegation by the Council to:                                    Date:
Chief Executive Officer

Source of Authority:
Local Government Act 2009 – Section 257
Workers’ Compensation and Rehabilitation Act 2003
Workers’ Compensation and Rehabilitation Regulation 2014
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011


Delegated Power:
1.     To exercise the powers of council pursuant to the Workers’ Compensation and
       Rehabilitation Act 2003.
DESCRIPTION OF POWER DELEGATED                                                       LEGISLATION
Power, as an employer, to insure and keep insured all Council’s employees and Section 48
Councillors.
Power, as an employer who is not a self-insurer, and who is or is required to be Section 66(2)
insured under a WorkCover policy, to pay the weekly payment of compensation
payable to an injured worker during the excess period.
Power, as an employer who is not a self-insurer, to pay compensation for an          Section 109(4)
injury sustained by a worker where the worker has made an application for
compensation under section 132 and Council has complied with section 133A.
Power, as an employer, other than a self-insurer, to give WorkCover written          Section 133A
notice in the approved form if:-
    (a) a worker asks the employer for compensation for an injury sustained by
        the worker; or
    (b) the employer pays the worker an amount, either in compensation or
        instead of compensation, that is payable by the employer or WorkCover
        under the Act for an injury sustained by the worker.
Power, as an employer, to pay compensation to an injured worker for the day the      Section 144
worker stops work because of the injury.
Power, as an employer, to pay the amount of the first charge or the whole of the     Section 207B(3)
damages to the insurer.
Power, as an employer, to appoint a Rehabilitation and Return to Work                Section 226
Coordinator where the employer meets the criteria prescribed under a regulation.
Power, as an employer, to prepare and have in place a workplace rehabilitation Section 227
policy and procedure, and review those policies and procedures every 3 years.
Power, as an employer, to assist or provide an injured worker with rehabilitation.   Section 228(1)
                                                                                     and 228(2)
Power to comply with the requirement of an authorised person to give information Section 532C

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